How do I get a felony expunged in Michigan?

How do I get a felony expunged in Michigan?

In Michigan, expunging a felony conviction is a complex process that requires meeting specific eligibility criteria and following a strict procedure. If you’re considering seeking to expunge a felony conviction in Michigan, this article will guide you through the process and provide the necessary information to help you achieve your goal.

Eligibility Criteria

Before applying for felony expungement in Michigan, you must meet the eligibility criteria set forth in MCL 780.621. To be eligible, you must:

• Be at least 18 years old
• Have completed the sentence imposed by the court, including any term of imprisonment, probation, or community service
• Have had no new convictions for any felony or misdemeanor crime
• Not have had any convictions related to your attempt to avoid law enforcement, traffic, or other non-criminal offenses

The Expungement Process

The expungement process involves several steps, which are outlined below:

Step 1: Prepare the Necessary Documents

Before applying for expungement, you’ll need to gather the following documents:

• A copy of your felony conviction record
• A copy of your completed sentence
• A certificate of completion for any rehabilitation programs or treatment services required by the court
• A letter from your attorney or the court explaining why you’re eligible for expungement

Step 2: Complete the Expungement Application

You’ll need to complete the Michigan Department of State Police’s (MDSP) Expungement Application, which is available online or through your local clerk’s office. The application requires you to provide detailed information about your conviction, sentence, and any related documents.

Step 3: Submit the Application

Submit the completed application to the MDSP, along with the required documents and a fee (currently $50).

Step 4: Wait for the MDSP’s Review

The MDSP will review your application and verify the information provided. If your application is incomplete or contains errors, you’ll be notified and given the opportunity to correct the issues.

Step 5: File a Motion with the Court

If your application is approved, you’ll need to file a motion with the court where your felony conviction was entered. The motion must be accompanied by a copy of the MDSP’s approval letter and any additional required documents.

Step 6: Attend a Hearing

The court will schedule a hearing to review your motion for expungement. At the hearing, you’ll need to present evidence to support your eligibility for expungement and explain why you’re seeking to expunge your conviction.

Step 7: Receive the Court’s Ruling

After the hearing, the court will render a decision on your motion for expungement. If your motion is granted, your felony conviction will be expunged from your record.

Post-Expungement Information

After your felony conviction is expunged, you’ll need to inform the following entities of the expungement:

• The MDSP
• The FBI
• Potential employers
• Landlords
• Educational institutions
• Professional licensing boards

Frequently Asked Questions

Q: Can I expunge multiple convictions at once?
A: No, each felony conviction must be expunged separately.

Q: How long does the expungement process take?
A: The entire process can take several months to a year or more, depending on the complexity of your case and the workload of the MDSP and the court.

Q: Will expunging my felony conviction help me get a job?
A: Expunging a felony conviction may not necessarily guarantee employment, but it can significantly improve your chances of being hired and may also reduce the amount of information available to employers.

Conclusion

Expunging a felony conviction in Michigan is a lengthy and complex process that requires careful planning and attention to detail. By understanding the eligibility criteria, the expungement process, and the post-expungement requirements, you can effectively navigate the system and achieve your goal of expunging your felony conviction. Remember to consult with an attorney if you have any questions or concerns about the process.

Table: Expungement Timeline

Appendix: Expungement Fees

Note: Fees may be subject to change. It’s essential to check with the relevant entities for the most up-to-date information.