For over 35 years, we have successfully petitioned to remove and expunge past criminal convictions and helped persons gain a fresh start for their futures.
A criminal record can prevent job and housing opportunities, student loan approval, acceptance to schools and universities, and more. In many cases, a court can set aside a criminal conviction, or “expunge” it. If granted, the previous conviction is set aside, removed from public record, and a person may honestly say they have not been convicted of a crime. Getting a conviction expunged can be a complex process. For example, most convictions require a mandatory waiting period before the application can be filed, usually 3-7 years after your last day of probation, or discharge from parole. However, there are some offenses that have no waiting period whatsoever. Let our office can guide you through the process.
I Have a Felony Conviction in Washtenaw County and a Misdemeanor Conviction in Chelsea, MI. Can I still Get an Expungement?
It depends. Expungements have certain eligibility requirements in Michigan. There are lifetime limits of three felonies and two assaultive crimes but multiple convictions based on offenses committed within 24 hours of each other may be treated as a single offense.
I Have a Drunk Driving (DUI/OWI) Conviction from Ann Arbor, MI. Can I Get That Conviction Expunged?
Not at this time. Legislation was introduced at the end of 2020 that would have allowed, for the firs time in the State of Michigan, a first offense drinking and driving conviction to be expunged from your criminal record. However, the Governor "pocket vetoed" the legislation. This legislation may be reintroduced but, even if true, under the Bill there were certain convictions that could not be expunged such as, capital offenses (offenses with a maximum penalty of life); traffic offenses causing death or injury or involving a commercial vehicle; second or subsequent drinking and driving offenses; felony domestic violence; criminal sexual conduct cases; and more.
I Have a Conviction in Washtenaw County, MI But Now Live Out of State. Do I Have to Appear in Michigan to Get an Expungement?
No. Applications for expungements must be filed in the court in which the conviction(s) originated. However, an attorney can often appear on behalf of a client who has relocated and remote court appearances can also often be accomplished by video conference.
Does an expungement really eliminate all record of my conviction?
No. An order setting aside a criminal conviction creates a non-public record that can only be accessed by certain government agencies for particular purposes such as a law enforcement considering a person for employment or a court sentencing someone for a felony. Additionally, setting aside any traffic offense expunges the criminal record but it does not remove the offense from the Secretary of State’s driving records. Contact us for a complete list of these exceptions
I heard these convictions are going to be set aside automatically. Is that true?
Not for at least until April 2023. If the Legislature appropriates enough funding, and if the Michigan State Police can overcome some technical issues, then the state will begin to automatically expunge certain convictions in April, 2023. However, some convictions, such as OWI convictions will still require the filing of an application.
For over 30 years, Joseph A. Simon has successfully petitioned to remove and expunge past criminal convictions and helped persons gain a fresh start. If you or a loved one desire to expunge a conviction that arose in Washtenaw, Wayne, Jackson, Livingston, or Lenawee County, contact us at 734-887-6200 to see why so many people have chosen The Law Offices of Joseph A. Simon to restore and protect their freedom and reputation.