Areas of Practice
INTRODUCTION
In Michigan, individuals who have been convicted of a crime have the option to petition for their conviction to be set aside or expunged. This process can provide relief to individuals who have been held back by the stigma of a criminal record, making it difficult for them to obtain employment, housing, and other opportunities. In this script, we will explore the Michigan law on setting aside a conviction or expunging a conviction.
SETTING ASIDE A CONVICTION
In Michigan, setting aside a conviction means that the individual is released from all penalties and disabilities resulting from the conviction, except for those imposed by the Department of State. To be eligible for setting aside a conviction, the individual must have successfully completed all terms and conditions of their sentence, including any probation or parole.
In addition, the individual must not have any pending criminal charges or convictions, and they must not have been convicted of certain specified offenses, such as criminal sexual conduct or traffic offenses causing death or serious injury. Finally, the individual must not have more than one felony or two misdemeanor convictions, with the exception of certain traffic offenses.
To initiate the process of setting aside a conviction, the individual must file a petition with the court that entered the conviction. The petition must include a statement of the reasons for setting aside the conviction, as well as evidence that the individual has met all of the eligibility requirements. The prosecutor and the victim of the crime have the opportunity to object to the petition, and the court may hold a hearing to consider any objections.
If the court grants the petition, the conviction will be set aside and the individual will be released from all penalties and disabilities resulting from the conviction, except for those imposed by the Department of State. The record of the conviction will still be available to law enforcement agencies, and the individual will still be required to disclose the conviction in certain circumstances, such as when applying for certain professional licenses.
EXPUNGING A CONVICTION
Expunging a conviction in Michigan means that the record of the conviction is completely destroyed and cannot be accessed by any member of the public, except under limited circumstances. To be eligible for expungement, the individual must have successfully completed all terms and conditions of their sentence, including any probation or parole, and they must not have any pending criminal charges or convictions.
In addition, the individual must not have been convicted of certain specified offenses, such as criminal sexual conduct, child abuse, or domestic violence, and they must not have more than one felony or two misdemeanor convictions, with the exception of certain traffic offenses.
To initiate the process of expunging a conviction, the individual must file a petition with the court that entered the conviction. The petition must include a statement of the reasons for expungement, as well as evidence that the individual has met all of the eligibility requirements. The prosecutor and the victim of the crime have the opportunity to object to the petition, and the court may hold a hearing to consider any objections.
If the court grants the petition, the record of the conviction will be completely destroyed, and the individual will be released from all penalties and disabilities resulting from the conviction, except for those imposed by the Department of State. The individual will also be allowed to state that they have not been convicted of the expunged offense, with certain exceptions, such as when applying for certain professional licenses.
CONCLUSION
In Michigan, individuals who have been convicted of a crime have the option to petition for their conviction to be set aside or expunged. The process can provide relief to individuals who have been held back by the stigma of a criminal record. To be eligible for setting aside a conviction or expunging a conviction, the individual must have successfully completed all terms and conditions of their sentence, and they must meet certain other eligibility requirements. The process for setting