Everyone deserves a second chance, and a clean record. Having a criminal record can have a negative influence on employment, education, student loans, professional licensure and housing assistance. If you only have one conviction or adjudication on your record, you may qualify for an expungement.

Do I Qualify For An Expungement?

Michigan severely limits who can get an expungement. In order to qualify, you must meet all of these criteria:

• Only one adult criminal conviction or juvenile adjudication.
• If the conviction is a felony, it cannot be one punishable by life imprisonment.
• If the conviction is a felony, it cannot be any degree of criminal sexual conduct or assault with attempt to commit criminal sexual conduct.
• The conviction cannot be a traffic offense or any other offense reportable to the Secretary of State.
• Five years have passed since the conviction or five years from your release from prison.
• If you have a juvenile adjudication, you must be at least 24 years old.

I Qualify. Now What?

If you meet all of the criteria to be eligible for an expungement, you must next file a Motion to Set Aside Conviction in the court in which you were convicted. This may mean that you go back in front of the judge who sentenced you. After you file the motion a hearing will be set. The judge will get a chance to ask you questions and determine if clearing your record is appropriate. Your attorney can prepare you for the hearing and recommend a course of action that will help ensure your motion is granted.

What Documents Will I Need?

The courts are very picky with expungement motions. All documents must be presented and in order at the time of filing the motion.

You will need:

• Two complete sets of fingerprints. You can get your fingerprints taken at your local police station. Ask that your fingerprints be put on an RI-8 card. You must have two sets of prints if you are applying to set aside an adult conviction. You only need one set of prints if you are applying to set aside a juvenile adjudication.

• A certified copy of your judgment of sentence or order of disposition. In an adult criminal case, you need a certified copy of the judgment. In a juvenile case, you need a certified copy of the order of disposition. You can get these documents from the court where you were sentenced as an adult or adjudicated as a juvenile.

• A money order made out to the Michigan State Police for the appropriate fee.

• A completed Application to Set Aside Conviction or the Application to Set Aside Adjudication.

• Five copies of the Application and four copies of the Certified Copy of your Judgment of Sentence (for an adult conviction) or the Certified Order of Disposition (for a juvenile adjudication).

All copies must be filed with the court. Once you get the extra copies back, the following documents must be sent out:

• Send These Items to the Michigan State Police

• The fingerprint cards

• The application fee

• A copy of your Application

• A copy of your Judgment of Sentence or Order of Disposition.

• Send These Items to the Attorney General’s Office:

• A copy of your Application

• A copy of your Judgment of Sentence or Order of Disposition

• Send These Items to the Prosecutor’s Office in the County Where You Were prosecuted:

• A copy of your Application

• A copy of your Judgment of Sentence or Order of Disposition

• Fill Out the Proof of Service and Send it Back to the Court.

• Fill Out the Draft Order on Application to Set Aside Conviction and Make Copies

• On Your Court Date, Go to Court and Answer Any Questions the Court has. This is where having an attorney will help out. Your attorney can prepare you for the hearing and recommend a course of action that will help ensure your motion is granted.

• If the Judge Grants Your Request for an Expungement, Make Sure a Copy Goes to the State Police Central Records Division.

If I Don’t Qualify, What Can I Do?

If you don’t qualify for an expungement or your motion is denied, you can still benefit from the process.

• Clean up your rap sheet. Many rap sheets have errors, or make your criminal history look worse than it is. For advice on how to clean up your rap sheet, get a copy of your rap sheet and show it to an attorney.

• Show prospective employers or landlords evidence of rehabilitation. Emphasize the positive, like that your got a GED while in prison, completed drug/alcohol treatment, or haven’t been convicted of any new crimes in the last five years.

• Be careful about answering questions regarding your criminal history so that you don’t provide more negative information than necessary. For example, if an employer asks if you’ve ever been convicted of a felony, and you’ve only been convicted of misdemeanors, you can honestly answer “no.” If you only have a juvenile record, you can say that you do not have any criminal convictions, since juvenile adjudications are not criminal convictions. (But be aware that your juvenile record may show up on a background check, if one is done.) Read and listen to questions carefully. But be honest, because if you lie on a job application, you could get fired, lose unemployment benefits (if you do get fired), or even face criminal penalties.

For expungement advice call Attorney Jill Duffy on her cell phone at (248) 736-7306 or email her at jill@ambroselawgroup.com.