In this article, let us revisit the meaning of expungement in Michigan and what it means for you.
What is Expungement?
In simpler terms, expungement refers to erasing or removing something completely. When applied in law, to expunge refers to the process where the record of a criminal conviction is destroyed or sealed from the individual’s State or Federal records.
An expungement is not an automatic act of the court or of the State. It requires an expungement order.
What is an Expungement Order?
An expungement order directs the court to treat the criminal conviction as if there was no criminal conviction to begin with. It removes the conviction from the defendant’s criminal record as well as the public record.
When characterizing an expungement, it is much like a legal pardon. However, while not all pardons are expungements, an expungement clears the record of the individual involved in the crime or convicted of a crime.
Who Handles Expungement Orders?
Expungement proceedings and expungement orders take place in State courts. Expungement orders coming from Federal courts are rare since the application is always on a state level.
Which Crimes Can Be Expunged?
An expungement order is also handled by each State law on their level. Each State has its own list of criminal records that can be expunged. Eligibility for expungement depends on the kind of crime that is committed.
The following are the crimes that may be expunged from record:
Juvenile Offenses
One of the more common crimes or offenses that is allowed to be expunged in most states would include the juvenile offenses.While the rules for expanding juvenile records of an individual woodberry depending on the state it is clear that most states agree that juvenile record qualifies for expungement. Subject to the following factors, you may see your juvenile record being expunged depending on:
- Age – There is automatic expungement of certain juvenile records regardless of the age of the individual. Usually the person must be an adult to have his record expunged but in most states the individual must be at least 18 years of age for the ceiling or the expungement proceedings to begin.
- The time of the commission of the crime – The time of the commission of the crime is also an important factor that determines whether the juvenile record can or cannot be sealed. More often than not a juvenile record can’t be sealed until a certain length of time has passed since the end of the juvenile case for example and in most instances this would include a one or two year waiting period.
- The crime committed – The type of crime committed by the person asking for the ceiling or expungement of his record is also important. Most of the states place restrictions on the type of expenses that may be expunged especially those that are considered as felonies and if the gravity of the offense is very serious.
- Existence of other records – If you are seeking expungement of records or sealing of your records, your request may be denied depending on the existence of other records of a crime. If you have subsequent juvenile adjudications or adult criminal convictions, the expungement may not be granted.
Charges that were dropped or dismissed
Charges that were dropped or dismissed are also subject to expungement. Any record that is held by the court, police, or any other state agency may qualify for automatic expungement. Charges that were dropped or dismissed are automatically expunged after three years. This applied to the following cases: serious traffic violations that would require court appearance, criminal charges, and a civil offense for possession of less than 10 grams of marijuana.
Various Crimes
The following general classification of crimes may also be expunged from the record of the individual:
- arrest records;
- infractions;
- non-violent crimes; and
- low-level misdemeanors.
What is The Process of Expungement?
The process of expungement is complicated and it depends on the rules and regulations set by the State.
Are there crimes that cannot be expunged from one’s records?
Yes, there are crimes that will never be removed or expunged from another person’s records. In all States, even the ones that are not as strict in the case of expungement, the following crimes can never be expunged from the record:
- Assault with a deadly weapon that causes a serious injury;
- Arson;
- Capital offenses;
- Crimes that carry life in prison;
- Murder;
- Rape; and
- Terrorism.
Individuals convicted of the crimes listed above can never have a chance to get the crimes expunged from their records.
In the coming articles, we will dive further into expungement in Michigan.
We Are Here to Help
If you want a specific conviction expunged from your records, the requirements can get a little complicated. It is important to know that you also have a team that can help you out with your specific needs.
Haque Legal is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
Disclaimer
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out
If you are interested in expunging your criminal record or learning more about Michigan’s expungement laws, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call. We have legal experts always ready for you.