A criminal conviction can continue affecting employment, housing and professional opportunities, long after a sentence has been completed. Michigan’s Clean Slate laws have expanded opportunities to clear certain convictions, but eligibility does not necessarily mean an application will be approved.
If you are considering expungement in Michigan, it can help to understand which process applies to you, as being well-prepared can improve your chances of avoiding preventable setbacks.
What does expungement do?
State law explains that an expunged conviction is removed from public view. This means most employers, landlords and ordinary background checks will not see it. However, law enforcement and certain licensing agencies may retain access to nonpublic information.
Some traffic convictions present another important distinction. Although certain traffic offenses can potentially be set aside from the criminal record, the Michigan Attorney General notes that they may remain on the person’s driving record.
Find out whether you need to apply
Before preparing an application, check whether your conviction may qualify for Michigan’s automatic set-aside process. Under the Clean Slate system, certain misdemeanors may be automatically set aside after seven years, while qualifying felonies may be automatically cleared after 10 years.
If your conviction does not qualify for automatic removal, you may still be eligible to petition the court.
Get the paperwork right
Expungement under Michigan law requires specific information in an application, including:
- Identifying information
- Certified conviction records
- Information about previous set-aside applications
- Disclosure of pending criminal charges
This application must be signed under oath. In addition, applicants going through the petition process must also complete fingerprint-related requirements. The fingerprints are used to check state and federal criminal history information.
If you are uncertain about eligibility, consider discussing your situation with a legal professional before filing. They can evaluate the applicable Michigan requirements and help you prepare for the court process effectively.