Does a Misdemeanor Go Away in Michigan?
In Michigan, a misdemeanor can have a significant impact on an individual’s life, including their criminal record, employment opportunities, and social relationships. But does a misdemeanor go away in Michigan? The answer is a bit more complicated than a simple "yes" or "no".
Expungement in Michigan
In Michigan, an individual can petition the court for expungement, which is the process of clearing their criminal record. Not all misdemeanors are eligible for expungement, but some are. To be eligible, the misdemeanor must have been committed on or after October 1, 2012.
Types of Misdemeanors Eligible for Expungement
In Michigan, the following types of misdemeanors are eligible for expungement:
• Retail fraud (MCL 750.356a)
• Liquor laws (MCL 436.1903-1904)
• Marijuana-related offenses (MCL 333.7521-7532)
• Crimes involving controlled substances (MCL 333.7401-7411)
• Embezzlement (MCL 750.174)
• Forgery (MCL 750.248-249)
• Writing bad checks (MCL 750.218-219)
Ineligible Misdemeanors
Not all misdemeanors are eligible for expungement. The following types of misdemeanors are typically not eligible:
• Domestic violence (MCL 750.81)
• Misdemeanors committed against a child (MCL 750.520-520a)
• Misdemeanors committed while in custody (MCL 500.151-152)
The Expungement Process
The expungement process in Michigan typically involves the following steps:
- Petition the court: The individual must file a petition with the court where the misdemeanor was committed.
- Wait period: The individual must wait at least 3 years from the date of conviction or sentencing before filing the petition.
- Notice to the prosecutor: The individual must notify the prosecutor of their intention to file the petition.
- Hearing: The court will hold a hearing to determine whether the petition should be granted.
- Order of expungement: If the petition is granted, the court will issue an order of expungement, which will clear the individual’s criminal record.
Impact of Expungement on Employment and Education
Expungement can have a significant impact on an individual’s employment and education opportunities. In Michigan, many employers and educational institutions will not consider an individual’s expunged criminal record.
Table: Impact of Expungement on Employment and Education
| Eligible for Employment | Eligible for Education | |
|---|---|---|
| Federal Government | Yes | Yes |
| State Government | Yes | Yes |
| Private Employer | Variable | Variable |
| Educational Institution | Yes | Yes |
Conclusion
In conclusion, a misdemeanor in Michigan can have a significant impact on an individual’s life, including their criminal record, employment opportunities, and social relationships. However, not all misdemeanors are eligible for expungement, and the expungement process can be complex and time-consuming. If you have a misdemeanor conviction and are considering expungement, it is recommended that you consult with an attorney to determine whether you are eligible and to guide you through the process.
