Expungement

Whether you are eligible to have your criminal record cleaned or “expunged” in Michigan depends on: 1) the particular crime you are trying to expunge; 2) how long it has been since you were sentenced for that crime; and 3) your overall criminal record.  Here is a link to the applicable statute, MCL 780.621.  Click here for an alphabetical list of all the Felonies in Michigan, which also includes the maximum punishment for each Felony, and the applicable statute numbers.

If you pled guilty to a misdemeanor “under advisement,” like MCL 333.7411 (for possession of marijuana) or MCL 769.4a (for domestic violence) or MCL 771.1, your criminal record is NOT automatically expunged upon your successful completion of probation.  You still MUST file a separate and distinct case to request an expungement.

Certain crimes cannot be expunged under any circumstances. 
These include, but are not limited to:

1. Criminal Sexual Conduct in the First, Second or Third Degree, including an Attempt to commit any of these crimes.
2. A Felony or an Attempt to commit a Felony for which the maximum punishment is life in prison, like First Degree Murder.
3. A criminal conviction from a Federal Court.
4. A traffic offense that is a violation of the Motor Vehicle Code, like Drinking and Driving, DUI, or Reckless Driving.

However, if the conviction you are trying to expunge is not excluded by MCL 780.621, and if you only have one conviction on your record (other than certain “minor offenses” defined in the expungement statute), you are likely eligible for an expungement.  You cannot request an expungement until five years after the date you were sentenced, or until five years after the date you were released from jail, whichever is later.

Attorney Matt Catchick has been successfully expunging criminal records for over 17 years.  He is extremely well-versed in all the rules and exceptions concerning your eligibility for expungement.  If your criminal record is preventing you from getting a job or even an interview, call or e-mail Matt today for a free initial office consultation to discuss whether you are eligible for an expungement.  Matt’s tenacious attention to detail and custom-tailored approach will ensure you the best chance for success.

Catchick Law, PC. Personal Service. Proven Results.