Expungement of Criminal Records
Lansing, Michigan Expungement Lawyer
The United States offers the promise of being the land of second chances. Yet, too often, the mistakes someone made trail them around and prevent them from starting life fresh. Having a criminal record is a prime example of this. The state of Michigan offers the possibility of getting a clean slate. Our experienced Lansing, MI expungement lawyer can work with clients on doing just that.
A. Frazho Law Office was founded in 1995. Attorney Antoinette Frazho has dedicated her career to fighting for justice. Second chances are a part of any authentic justice. Let her help you with your expungement process.
The Expungement Process in the State of Michigan
The rules of expungement in Michigan were updated with passage of the Clean Slate Act in 2020, a law that went into effect in 2021. With expungement, a prior conviction is virtually eliminated from the record. While still visible to law enforcement and the courts, an expunged conviction can no longer be seen by employers, landlords, or anyone else doing a standard background check.
Crimes That Can Be Expunged
If a person has a marijuana conviction on their record from prior to its legalization for recreational use in 2018, that conviction is eligible for expungement. Most traffic offenses can be expunged. Up to 3 felony convictions may be removed from your record 5 years after you have completed your obligations to the court system – finished probation, parole, or incarceration. You also may expunge misdemeanors regardless of the number of convictions on your record.
The state of Michigan also has the “one bad night” rule. This means that if multiple felonies were committed in a 24-hour period they may be treated as a single felony for the purpose of expungement.
April Of 2023 Moving Forward
An automated system for expunging convictions without the necessity of filing an application will be established.
Up to 2 felony convictions will automatically be expunged the later of 10 years after sentencing or the person's release from custody.
Up to 4 misdemeanors will automatically be expunged 7 years after sentencing.
The following convictions are not going to be eligible for automatic expungement:
- Convictions for "assaultive offenses";
- Convictions for "serious misdemeanors";
- Convictions for offenses punishable by 10 or more years imprisonment;
- Convictions that involve a minor, a vulnerable adult, injury or serious impairment of a person, death of a person;
- Convictions that involve human trafficking; and
- Any conviction that cannot be expunged under new MCL 780.621c.
Call today at (517) 398-8187 or reach out online to set up a free consultation. Serving Ingham, Eaton, Livingston, and Clinton counties, and people throughout the great state of Michigan.
Crimes That Cannot Be Expunged
What’s above outlines the general rules for expungement, but there are still crimes that Michigan law will not allow to be eliminated from someone’s record. Any conviction that was eligible for life imprisonment cannot be expunged—even if a judge opted for a lesser sentence or the defendant was subsequently released on parole. While traffic offenses generally can be expunged, OUI (if more than 1) convictions are not among them. Child abuse, either 2nd-degree, or in the presence of another child, will have to stay on a person’s permanent record. Human trafficking is another felony that cannot be expunged .
There are other crimes that are eligible for expungement, but not automatically. That is, the defendant, in conjunction with our expungement attorney, will have to formally petition the court. This can happen with convictions that are high-level misdemeanors and assaults, among others.
Every person’s record and case are a little bit different. Call A. Frazho Law Office to discuss the possibilities of expungement. We offer free consultations and can be reached at (517) 398-8187 or by filling out our online contact form.
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“She made me feel comfortable with the process and made sure I understood what was happening.” - Cristy B.
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“She makes sure that the important facts of the case are presented.” - Dalton Airanna P.
How the Expungement Process Works
Once five years have passed from the conclusion of the sentence, expungement can be sought. This must be done at the same court that handed down the original conviction. A part of the process will include fingerprinting and there will be a modest fee, payable by money order. The petition for expungement must be filed not just with the court, but with the prosecutor's office who handled the original case, and with the Attorney General for the state of Michigan.
Attorney Antoinette Frazho works with clients to ensure that paperwork is properly filed. This is important, because inaccurate paperwork can result in a denied petition—and there is a 3-year waiting period for the petition can be refiled.
The Benefits of Expungement
Those who work to rebuild their lives after serving out a sentence know all too well the difficulties that a record can bring. With expungement, they can find it easier to secure employment or rent an apartment. Getting a mortgage or other form of loan may become easier. If someone’s career goals call for getting certain professional licensing, expungement may be necessary to clear the decks. Expungement lets a person begin again.
Compassion, Understanding & Honest Counsel
A. Frazho Law Office understands that people make mistakes, and that those people deserve second chances. We aren’t here to judge our clients and we aren’t interested in the past. We’re here to serve our clients and we’re interested in their future. If you or a loved one need help from an expungement lawyer, don’t hesitate to call.
We’re available at (517) 398-8187 or online. Free consultations available.