Michigan Expungement attorney
Lansing Expungement attorney
Michigan’s Expungement Law
The Michigan expungement law for setting aside a criminal conviction, MCL 780.621, has experienced multiple changes over the last few years.
Michigan’s expungement law underwent significant changes with the passing of House Bill 4186 (HB 4186).
Michigan’s new expungement law is HB4186, which is Public Act 463. This new expungment law amends sections of MCL 780.621 and MCL 780.623.
The significant changes to the Michigan expungement law pursuant to Public Act 463 went into effect on January 12, 2015.
The significant changes to the Michigan expungement law dramatically increase the eligibility for Michigan citizens to set aside criminal convictions and shelter their prior mistakes from public record. This allows Michigan citizens to have a new chance at life and will open up employment opportunities, educational opportunities, and other life opportunities.
Michigan's Expungement Law has undergone an additional change with Public Act 336. These latest changes in the Michigan expungement law are effective on March 14, 2017.
REQUIREMENTS FOR MICHIGAN EXPUNGEMENT LAW:
· A person who is convicted of not more than 1 felony offense and not more than 2 misdemeanor offenses may petition the court to expunge the 1 felony offense
· A person who is convicted of not more than 2 misdemeanor offenses and no other felony or misdemeanor offenses may petition the court to expunge either 1 or both of the 2 misdemeanor offenses
NOTE: Michigan residents may now expunge a felony even if they have 2 additional misdemeanor offenses on their permanent record. And Michigan residents may now expunge 2 misdemeanors, so long as they only have the two misdemeanor offenses on their permanent record and no other felony or misdemeanor offenses on their permanent record.
NOTE: This is a big change from the former law prior to January 12, 2015, which only allowed individuals to expunge 1 offense total, whether that was a qualifying misdemeanor or a qualifying felony.
NOTE: For the purpose of the Michigan expungement law, the following, whether a misdemeanor or a felony, are to be considered misdemeanor convictions to determine whether a Michigan resident is eligible for an expugement:
(a) a Minor In Possession of Alcohol (MIP) conviction that was deferred and dismissed under MCL 436.1703
(b) a conviction that was deferred and dismissed pursuant to a drug treatment court under MCL 600.1070
(c) a conviction that was deferred and dismissed pursuant to a Veteran’s treatment court under MCL 600.1209
(d) a conviction that was deferred and dismissed under the Holmes Youthful Trainee Act (HYTA) under MCL 762.13
(e) an assaultive crime conviction that was deferred and dismissed under MCL 769.4a
(f) a drug crime conviction that was deferred and dismissed under MCL 333.7411
(g) a kidnapping conviction that was deferred and dismissed under MCL 750.350a,
(h) a health care professional conviction that was deferred and dismissed under MCL 750.430, and
(i) any other law or laws of the State of Michigan or a political subdivision of the State of Michigan that are similar in nature and applicability to those laws listed above that provide for a deferral and dismissal of a felony or misdemeanor charge
NOTE: On January 18, 2018, the Michigan Minor In Possession of Alcohol (MIP) law is amended to provide that a first time MIP offense will be punishable by a state civil infraction, which is not a deferral that would count as a misdemeanor conviction for the purpose of the Michigan expungement statute. A minor may be found responsible or admit responsibility only once, so any subsequent MIP offense that an individual pled guilty to or was found guilty of would be a misdemeanor for the purpose of the Michigan expungement statute.
NOTE: The following offenses are disqualifying offenses and may NOT be expunged under Michigan law:
§ a felony for which the maximum possible penalty is life imprisonment or an attempt to commit a felony for which the maximum possible penalty is life imprisonment
§ a violation or attempted violation of child abuse in the second degree pursuant to MCL 750.136b(3)
§ a violation or attempted violation of child abuse in the second degree pursuant to MCL 750.136d(1)(b)
§ a violation or attempted violation of child abuse in the second degree pursuant to MCL 750.136d(1)(c)
§ a violation or attempted violation of child sexually abusive activity pursuant to MCL 750.145c
§ a violation or attempted violation of child sexually abusive activity pursuant to MCL 750.145d
§ a violation or attempted violation of criminal sexual conduct second degree pursuant to MCL 750.520c
§ a violation or attempted violation of criminal sexual conduct third degree pursuant to MCL 750.520d, and
§ a violation or attempted violation of assault with intent to commit criminal sexual conduct pursuant to MCL 750.520g
§ a violation or attempted violation of criminal sexual conduct fourth degree, if the conviction occurred on or after January 12, 2015 [per amended MCL 780.621, effective March 14, 2017]
§ a traffic offense, which includes, but is not limited to a conviction for operating while intoxicated
§ a felony conviction for domestic violence, if the person has a previous misdemeanor conviction for domestic violence
§ a violation of the former section of the Human Trafficking chapter of the Michigan Penal Code, MCL 750.462a to MCL 750.462j [per amended MCL 780.621, effective March 14, 2017]
§ a violation of the former section Michigan anti-terrorism act, Chapter LXXXIII-A, of the Michigan Penal Code, MCL 750.543a to MCL 750.543z [per amended MCL 780.621, effective March 14, 2017]
NOTE: a person convicted of a violation or attempted violation of criminal sexual conduct fourth degree, in violation of MCL 750.520e, on or before January 12, 2015, may petition for an expungment if the individual has not been convicted of another offense other than not more than 2 minor offenses. “Minor offense” means a misdemeanor or ordinance violation where the maximum possible imprisonment does not exceed 90 days, the maximum fine is not more than $1000, and the person who committed the offense is not more than 21 years old.
NOTE: a person convicted of solicitation of prostitution under MCL 750.448, admitting to a place of prostitution under MCL 750.449, or aiding and abetting the above crimes under MCL 750.450, or a local ordinance substantially corresponding to those sections, may apply to expunge that conviction if he or she committed the offense as a direct result of his or her being a victim of human trafficking. Further, a person may apply to have more than 1 conviction set aside under this section and may apply to have the 1 or more conviction set aside at any time following the date of the conviction.
FURTHER REQUIREMENTS FOR MICHIGAN EXPUNGMENT LAW
A person must wait 5 or more years after whichever of the following events occurs last:
. the imposition of the sentence for the conviction that the person seeks to expunge
· the completion of the probation imposed for the conviction that the person seeks to expunge
· the discharge from parole imposed for the conviction that the person seeks to expunge, or
· the completion of any term of imprisonment imposed for the conviction that the person seeks to expunge
NOTE: if a person petitions to have a conviction expunged and is denied by the convicting court, the person is not permitted to re-file another petition concerning the same conviction until 3 years after the date the convicting court denies the petition, unless the convicting court specifies an earlier date for filing another petition in an order denying the petition
DEFINITIONS:
“Felony” means:
· for the purpose of an offense to be expunged: a violation of the penal law of the State of Michigan that is punishable by imprisonment for more than 1 year or that is designated by law to be a felony
· for the purpose of identifying a prior offense: a violation of the penal law of the State of Michigan or of the United States that is punishable by imprisonment for more than 1 year or is designated by law to be a felony
“Misdemeanor” means:
· a violation of a penal law of the State of Michigan, another state, an Indian tribe, or the United States that is not a felony
· an order, rule, or regulation of a state agency that is punishable by imprisonment for not more than 1 year or a fine that is not a civil fine, or both
· a local ordinance of a political subdivision of the State of Michigan that substantially corresponds to a crime listed above that is not a felony
· a violation of the law of another state or political subdivision of another state that substantially corresponds to a crime listed above that is not a felony, and
· a violation of the law of the United States that substantially corresponds to a crime listed above that is not a felony
“Operating while intoxicated” means:
· a violation of MCL 257.625 and MCL 257.625m
· a local ordinance that substantially corresponds to a crime listed above
· a law of an Indian tribe that substantially corresponds to a crime listed above
· a law of another state that substantially corresponds to a crime listed above
· a law of the United States that substantially corresponds to a crime listed above
“Serious misdemeanor” means that as defined in MCL 780.11:
(i) A violation of section 81 of the Michigan penal code, 1931 PA 328, MCL 750.81, assault and battery, including domestic violence.
(ii) A violation of section 81a of the Michigan penal code, 1931 PA 328, MCL 750.81a, assault; infliction of serious injury, including aggravated domestic violence.
(iii) A violation of section 115 of the Michigan penal code, 1931 PA 328, MCL 750.115, breaking and entering or illegal entry.
(iv) A violation of section 136b(7) of the Michigan penal code, 1931 PA 328, MCL 750.136b, child abuse in the fourth degree.
(v) A violation of section 145 of the Michigan penal code, 1931 PA 328, MCL 750.145, contributing to the neglect or delinquency of a minor.
(vi) A misdemeanor violation of section 145d of the Michigan penal code, 1931 PA 328, MCL 750.145d, using the internet or a computer to make a prohibited communication.
(vii) A violation of section 233 of the Michigan penal code, 1931 PA 328, MCL 750.233, intentionally aiming a firearm without malice.
(viii) A violation of section 234 of the Michigan penal code, 1931 PA 328, MCL 750.234, discharge of a firearm intentionally aimed at a person.
(ix) A violation of section 235 of the Michigan penal code, 1931 PA 328, MCL 750.235, discharge of an intentionally aimed firearm resulting in injury.
(x) A violation of section 335a of the Michigan penal code, 1931 PA 328, MCL 750.335a, indecent exposure.
(xi) A violation of section 411h of the Michigan penal code, 1931 PA 328, MCL 750.411h, stalking.
(xii) A violation of section 601b(2) of the Michigan vehicle code, 1949 PA 300, MCL 257.601b, injuring a worker in a work zone.
(xiii) A violation of section 617a of the Michigan vehicle code, 1949 PA 300, MCL 257.617a, leaving the scene of a personal injury accident.
(xiv) A violation of section 625 of the Michigan vehicle code, 1949 PA 300, MCL 257.625, operating a vehicle while under the influence of or impaired by intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content, if the violation involves an accident resulting in damage to another individual's property or physical injury or death to another individual.
(xv) Selling or furnishing alcoholic liquor to an individual less than 21 years of age in violation of section 701 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701, if the violation results in physical injury or death to any individual.
(xvi) A violation of section 80176(1) or (3) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80176, operating a vessel while under the influence of or impaired by intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content, if the violation involves an accident resulting in damage to another individual's property or physical injury or death to any individual.
(xvii) A violation of a local ordinance substantially corresponding to a violation enumerated in subparagraphs (i) to (xvi).
(xviii) A violation charged as a crime or serious misdemeanor enumerated in subparagraphs (i) to (xvii) but subsequently reduced to or pleaded to as a misdemeanor. As used in this subparagraph, "crime" means that term as defined in section 2.
Application Requirements:
- Signed under oath by the person whose conviction or convictions are to be expunged
- full name and current address of the applicant
- certified record of each conviction that is to be expunged
- statement that the applicant has not been convicted of an offense other than the conviction or convictions sought to be expunged and any non-disqualifying misdemeanor convictions described in the expungement statute
- statement listing all actions that were initiated against the applicant and have been dismissed through deferral
- statement as to whether the applicant has previously filed an application to set aside this or any other conviction, and if so, then what was the disposition of that application [NOTE: this will require careful wording to the Court if you are attempting to set aside 2 different convictions in 2 different courts at the same time]
- statement as to whether the applicant has any other criminal charge pending against the applicant in any court in the United States or any other country
- if applying to set aside human trafficking convictions, then meeting the statutory requirements
- consent to use of the non-public record as authorized by law
There are additional procedural and legal steps that must be completed in order to get an expungement in the State of Michigan.
As one can see, getting an expungement in the State of Michigan is complex and requires a competent and experienced Michigan Expungement Attorney.
Call our office right away to discuss expungments in Michigan: 517-618-1580.
The Michigan expungement law for setting aside a criminal conviction, MCL 780.621, has experienced multiple changes over the last few years.
Michigan’s expungement law underwent significant changes with the passing of House Bill 4186 (HB 4186).
Michigan’s new expungement law is HB4186, which is Public Act 463. This new expungment law amends sections of MCL 780.621 and MCL 780.623.
The significant changes to the Michigan expungement law pursuant to Public Act 463 went into effect on January 12, 2015.
The significant changes to the Michigan expungement law dramatically increase the eligibility for Michigan citizens to set aside criminal convictions and shelter their prior mistakes from public record. This allows Michigan citizens to have a new chance at life and will open up employment opportunities, educational opportunities, and other life opportunities.
Michigan's Expungement Law has undergone an additional change with Public Act 336. These latest changes in the Michigan expungement law are effective on March 14, 2017.
REQUIREMENTS FOR MICHIGAN EXPUNGEMENT LAW:
· A person who is convicted of not more than 1 felony offense and not more than 2 misdemeanor offenses may petition the court to expunge the 1 felony offense
· A person who is convicted of not more than 2 misdemeanor offenses and no other felony or misdemeanor offenses may petition the court to expunge either 1 or both of the 2 misdemeanor offenses
NOTE: Michigan residents may now expunge a felony even if they have 2 additional misdemeanor offenses on their permanent record. And Michigan residents may now expunge 2 misdemeanors, so long as they only have the two misdemeanor offenses on their permanent record and no other felony or misdemeanor offenses on their permanent record.
NOTE: This is a big change from the former law prior to January 12, 2015, which only allowed individuals to expunge 1 offense total, whether that was a qualifying misdemeanor or a qualifying felony.
NOTE: For the purpose of the Michigan expungement law, the following, whether a misdemeanor or a felony, are to be considered misdemeanor convictions to determine whether a Michigan resident is eligible for an expugement:
(a) a Minor In Possession of Alcohol (MIP) conviction that was deferred and dismissed under MCL 436.1703
(b) a conviction that was deferred and dismissed pursuant to a drug treatment court under MCL 600.1070
(c) a conviction that was deferred and dismissed pursuant to a Veteran’s treatment court under MCL 600.1209
(d) a conviction that was deferred and dismissed under the Holmes Youthful Trainee Act (HYTA) under MCL 762.13
(e) an assaultive crime conviction that was deferred and dismissed under MCL 769.4a
(f) a drug crime conviction that was deferred and dismissed under MCL 333.7411
(g) a kidnapping conviction that was deferred and dismissed under MCL 750.350a,
(h) a health care professional conviction that was deferred and dismissed under MCL 750.430, and
(i) any other law or laws of the State of Michigan or a political subdivision of the State of Michigan that are similar in nature and applicability to those laws listed above that provide for a deferral and dismissal of a felony or misdemeanor charge
NOTE: On January 18, 2018, the Michigan Minor In Possession of Alcohol (MIP) law is amended to provide that a first time MIP offense will be punishable by a state civil infraction, which is not a deferral that would count as a misdemeanor conviction for the purpose of the Michigan expungement statute. A minor may be found responsible or admit responsibility only once, so any subsequent MIP offense that an individual pled guilty to or was found guilty of would be a misdemeanor for the purpose of the Michigan expungement statute.
NOTE: The following offenses are disqualifying offenses and may NOT be expunged under Michigan law:
§ a felony for which the maximum possible penalty is life imprisonment or an attempt to commit a felony for which the maximum possible penalty is life imprisonment
§ a violation or attempted violation of child abuse in the second degree pursuant to MCL 750.136b(3)
§ a violation or attempted violation of child abuse in the second degree pursuant to MCL 750.136d(1)(b)
§ a violation or attempted violation of child abuse in the second degree pursuant to MCL 750.136d(1)(c)
§ a violation or attempted violation of child sexually abusive activity pursuant to MCL 750.145c
§ a violation or attempted violation of child sexually abusive activity pursuant to MCL 750.145d
§ a violation or attempted violation of criminal sexual conduct second degree pursuant to MCL 750.520c
§ a violation or attempted violation of criminal sexual conduct third degree pursuant to MCL 750.520d, and
§ a violation or attempted violation of assault with intent to commit criminal sexual conduct pursuant to MCL 750.520g
§ a violation or attempted violation of criminal sexual conduct fourth degree, if the conviction occurred on or after January 12, 2015 [per amended MCL 780.621, effective March 14, 2017]
§ a traffic offense, which includes, but is not limited to a conviction for operating while intoxicated
§ a felony conviction for domestic violence, if the person has a previous misdemeanor conviction for domestic violence
§ a violation of the former section of the Human Trafficking chapter of the Michigan Penal Code, MCL 750.462a to MCL 750.462j [per amended MCL 780.621, effective March 14, 2017]
§ a violation of the former section Michigan anti-terrorism act, Chapter LXXXIII-A, of the Michigan Penal Code, MCL 750.543a to MCL 750.543z [per amended MCL 780.621, effective March 14, 2017]
NOTE: a person convicted of a violation or attempted violation of criminal sexual conduct fourth degree, in violation of MCL 750.520e, on or before January 12, 2015, may petition for an expungment if the individual has not been convicted of another offense other than not more than 2 minor offenses. “Minor offense” means a misdemeanor or ordinance violation where the maximum possible imprisonment does not exceed 90 days, the maximum fine is not more than $1000, and the person who committed the offense is not more than 21 years old.
NOTE: a person convicted of solicitation of prostitution under MCL 750.448, admitting to a place of prostitution under MCL 750.449, or aiding and abetting the above crimes under MCL 750.450, or a local ordinance substantially corresponding to those sections, may apply to expunge that conviction if he or she committed the offense as a direct result of his or her being a victim of human trafficking. Further, a person may apply to have more than 1 conviction set aside under this section and may apply to have the 1 or more conviction set aside at any time following the date of the conviction.
FURTHER REQUIREMENTS FOR MICHIGAN EXPUNGMENT LAW
A person must wait 5 or more years after whichever of the following events occurs last:
. the imposition of the sentence for the conviction that the person seeks to expunge
· the completion of the probation imposed for the conviction that the person seeks to expunge
· the discharge from parole imposed for the conviction that the person seeks to expunge, or
· the completion of any term of imprisonment imposed for the conviction that the person seeks to expunge
NOTE: if a person petitions to have a conviction expunged and is denied by the convicting court, the person is not permitted to re-file another petition concerning the same conviction until 3 years after the date the convicting court denies the petition, unless the convicting court specifies an earlier date for filing another petition in an order denying the petition
DEFINITIONS:
“Felony” means:
· for the purpose of an offense to be expunged: a violation of the penal law of the State of Michigan that is punishable by imprisonment for more than 1 year or that is designated by law to be a felony
· for the purpose of identifying a prior offense: a violation of the penal law of the State of Michigan or of the United States that is punishable by imprisonment for more than 1 year or is designated by law to be a felony
“Misdemeanor” means:
· a violation of a penal law of the State of Michigan, another state, an Indian tribe, or the United States that is not a felony
· an order, rule, or regulation of a state agency that is punishable by imprisonment for not more than 1 year or a fine that is not a civil fine, or both
· a local ordinance of a political subdivision of the State of Michigan that substantially corresponds to a crime listed above that is not a felony
· a violation of the law of another state or political subdivision of another state that substantially corresponds to a crime listed above that is not a felony, and
· a violation of the law of the United States that substantially corresponds to a crime listed above that is not a felony
“Operating while intoxicated” means:
· a violation of MCL 257.625 and MCL 257.625m
· a local ordinance that substantially corresponds to a crime listed above
· a law of an Indian tribe that substantially corresponds to a crime listed above
· a law of another state that substantially corresponds to a crime listed above
· a law of the United States that substantially corresponds to a crime listed above
“Serious misdemeanor” means that as defined in MCL 780.11:
(i) A violation of section 81 of the Michigan penal code, 1931 PA 328, MCL 750.81, assault and battery, including domestic violence.
(ii) A violation of section 81a of the Michigan penal code, 1931 PA 328, MCL 750.81a, assault; infliction of serious injury, including aggravated domestic violence.
(iii) A violation of section 115 of the Michigan penal code, 1931 PA 328, MCL 750.115, breaking and entering or illegal entry.
(iv) A violation of section 136b(7) of the Michigan penal code, 1931 PA 328, MCL 750.136b, child abuse in the fourth degree.
(v) A violation of section 145 of the Michigan penal code, 1931 PA 328, MCL 750.145, contributing to the neglect or delinquency of a minor.
(vi) A misdemeanor violation of section 145d of the Michigan penal code, 1931 PA 328, MCL 750.145d, using the internet or a computer to make a prohibited communication.
(vii) A violation of section 233 of the Michigan penal code, 1931 PA 328, MCL 750.233, intentionally aiming a firearm without malice.
(viii) A violation of section 234 of the Michigan penal code, 1931 PA 328, MCL 750.234, discharge of a firearm intentionally aimed at a person.
(ix) A violation of section 235 of the Michigan penal code, 1931 PA 328, MCL 750.235, discharge of an intentionally aimed firearm resulting in injury.
(x) A violation of section 335a of the Michigan penal code, 1931 PA 328, MCL 750.335a, indecent exposure.
(xi) A violation of section 411h of the Michigan penal code, 1931 PA 328, MCL 750.411h, stalking.
(xii) A violation of section 601b(2) of the Michigan vehicle code, 1949 PA 300, MCL 257.601b, injuring a worker in a work zone.
(xiii) A violation of section 617a of the Michigan vehicle code, 1949 PA 300, MCL 257.617a, leaving the scene of a personal injury accident.
(xiv) A violation of section 625 of the Michigan vehicle code, 1949 PA 300, MCL 257.625, operating a vehicle while under the influence of or impaired by intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content, if the violation involves an accident resulting in damage to another individual's property or physical injury or death to another individual.
(xv) Selling or furnishing alcoholic liquor to an individual less than 21 years of age in violation of section 701 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701, if the violation results in physical injury or death to any individual.
(xvi) A violation of section 80176(1) or (3) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80176, operating a vessel while under the influence of or impaired by intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content, if the violation involves an accident resulting in damage to another individual's property or physical injury or death to any individual.
(xvii) A violation of a local ordinance substantially corresponding to a violation enumerated in subparagraphs (i) to (xvi).
(xviii) A violation charged as a crime or serious misdemeanor enumerated in subparagraphs (i) to (xvii) but subsequently reduced to or pleaded to as a misdemeanor. As used in this subparagraph, "crime" means that term as defined in section 2.
Application Requirements:
- Signed under oath by the person whose conviction or convictions are to be expunged
- full name and current address of the applicant
- certified record of each conviction that is to be expunged
- statement that the applicant has not been convicted of an offense other than the conviction or convictions sought to be expunged and any non-disqualifying misdemeanor convictions described in the expungement statute
- statement listing all actions that were initiated against the applicant and have been dismissed through deferral
- statement as to whether the applicant has previously filed an application to set aside this or any other conviction, and if so, then what was the disposition of that application [NOTE: this will require careful wording to the Court if you are attempting to set aside 2 different convictions in 2 different courts at the same time]
- statement as to whether the applicant has any other criminal charge pending against the applicant in any court in the United States or any other country
- if applying to set aside human trafficking convictions, then meeting the statutory requirements
- consent to use of the non-public record as authorized by law
There are additional procedural and legal steps that must be completed in order to get an expungement in the State of Michigan.
As one can see, getting an expungement in the State of Michigan is complex and requires a competent and experienced Michigan Expungement Attorney.
Call our office right away to discuss expungments in Michigan: 517-618-1580.
The Law Office of Eric J. Sheppard
5000 Northwind Drive, Suite 225
East Lansing, MI 48823
ericsheppard16@gmail.com
PH: 517-618-1580 (office)
PH: 216-973-9996 (cell)
Fax: 517-913-6321
5000 Northwind Drive, Suite 225
East Lansing, MI 48823
ericsheppard16@gmail.com
PH: 517-618-1580 (office)
PH: 216-973-9996 (cell)
Fax: 517-913-6321
