how to file a expungement in michigan without an attorney

You don't need a lawyer for this. You can fill out the form and file it yourself with the filing fee. The filing, by the way, has gone up, so bring a checkbook or credit card to the courthouse and be prepared to shell out a few hundred bucks.

Full Answer

How to get your criminal record expunged in Michigan?

Apr 11, 2021 · Attorney General - Expungement of Criminal Offenses in Michigan ... You may not need an attorney to represent you to expunge criminal offenses. Many applicants filed applications on their own without the help of an attorney. If you would like to hire an attorney or need legal help, please refer to the "Legal Services" section of this website.

How to get your record expunged?

The Michigan Legal Help website and affiliated local self-help centers are part of the Michigan Legal Help Program. The Program works with judges, courts, lawyers, bar associations, nonprofit legal aid agencies, legal self-help centers, libraries and many others to promote coordinated and quality assistance for persons representing themselves in civil legal matters in Michigan.

How to expunge a felony?

Jan 25, 2020 · Step 1. Determine Eligibility. The first step is to find out if you are eligible to apply to have your record expunged according to MCL 780.621. Under current Michigan law, expungement is only eligible for those with one felony and two misdemeanors who haven’t had another offense in five years.

How do I expunge my record?

The DUI expungement Michigan process is very rigorous and time-consuming. The steps involved include obtaining your record, getting fingerprinted, notarizing your application, and much more. Gather Records; Fill Out Application; Obtain Fingerprints; Sign Application and Notarize It; Make Copies; File Application; Mail Copies; Complete Proof of Service

How can I get my record expunged for free in Michigan?

launched a program to help eligible county residents expunge certain criminal convictions from their record. To start the process, individuals should complete an online Request for Services at www.oakgov.com/cleanslate.Feb 15, 2022

How do I file an expungement in Michigan?

How to request expungement. Fill out an application and obtain a certified order of conviction from the court where you were convicted. You also need to get fingerprinted and purchase a $50 money order for Michigan State Police.Apr 26, 2021

When can you apply for an expungement in Michigan?

Michigan residents seeking to have a serious misdemeanor or felony conviction set aside can submit an application after five years. Individuals seeking to have more than one felony conviction set aside can submit an application after seven years.Apr 16, 2021

What is Michigan's new expungement law?

SB681, approved by the Michigan Senate, created a process to automatically set aside certain offenses for youth who stay out of trouble and seal juvenile court records from public view. Previously, those with juvenile records had to wait until they were at least 18 to apply for expungement.Oct 8, 2021

Who can see expunged records in Michigan?

Michigan law has long provided that those convicted of most state criminal offenses (e.g. other than offenses like murder, first-degree criminal sexual conduct or traffic offenses like drunk driving) can, under certain circumstances and, if certain preconditions are met, have those convictions expunged or “set aside” ...

How do I get a criminal record off my background check?

In the United States, certain types of criminal records can be expunged or sealed by a judge or court. An expungement removes arrests and/or convictions from a person's criminal record entirely as if they never happened. Even a court or prosecutor cannot view a person's expunged record.Apr 15, 2020

How do you set aside a conviction in Michigan?

If you are not a current Michigan resident, go to any law enforcement agency in the state where you reside and ask to be printed on an FBI Applicant Fingerprint card (FD-258). In the "Reason Fingerprinted" block of the card write in "Conviction Set Aside". Complete the card entirely.

Can drunk driving be expunged in Michigan?

Thanks to new bipartisan legislation, DUI expungement in Michigan is now possible. ... On August 23, 2021, Governor Gretchen Whitmer signed House Bills 4219 and 4220, which will allow an estimated 200,000 people with one (1) drunk driving conviction to seek to eliminate it from their criminal record.Oct 15, 2021

How much back child support is a felony in Michigan?

If you get behind more than $5,000.00 in either child support OR spousal support, you could be charged with a felony by the Michigan Attorney General and/or local county prosecutor's office. (MCL 750.165).Mar 17, 2020

How far back do background checks go in Michigan?

seven-yearHow Far Back Does a Background Check Go in Michigan? The FCRA's seven-year lookback period governs how far back certain types of information can be reported for applicants.Sep 14, 2021

Does your criminal record clear after 7 years?

¦ Your criminal record can be expunged if 10 years have lapsed after the date of your conviction of your offence. ... ¦ Your record can be expunged after five years for other cases, unless you were ordered to pay restitution.Jan 26, 2018

How much is the Michigan State Police application fee?

The application fee is $50, and in the form of a money order or check should be made out to the State of Michigan. This fee is sent to the Michigan State Police, along with the application for processing.

Can you get an expungement in Michigan?

Under current Michigan law, expungement is only eligible for those with one felony and two misdemeanors who haven’t had another offense in five years. The expungement process is not available for certain convictions including murder or other charges punishable by life imprisonment, traffic or sex offenses. Step 2.

What is expungement in criminal law?

USLegal.com defines expungement as: “Expungement is the process of legally destroying, obliterating, or striking out records or information in files, computers, and other depositories relating to criminal charges.”.

How much does it cost to get a copy of a conviction?

Obtain a certified copy and attach it to your application. There may be a fee of about $10 and an additional $1 for every page of the record.

Where to file a criminal record application?

Typically, it is a good idea to file the application in person. Make sure to file at the court at which you were convicted. Take all copies to the clerk at the courthouse. The clerk will keep one of the copies. The clerk will write the name of the judge on all the copies of the application.

How many copies of MC 227 are needed?

The application is called Application to Set Aside Conviction, form MC 227. Make five copies of the certified copy of your conviction. Make sure to follow the directions thoroughly and do not sign the application yet.

How to sign a notary application?

Sign the application under oath. Once you have completed the application, you will want to take it to a notary public and sign the application in the presence of the notary. Make sure to bring your photo ID. Make four copies of the notarized application. Step 6.

Who Can Expunge Their Record?

With a few exceptions, anyone who received one (1) DUI conviction in Michigan is now eligible to apply for expungement. Before applying, however, at least five (5) years must pass since your probationary term ended.

Why Should I Expunge My DUI Conviction?

DUI convictions will never be eligible for automatic expungement. Therefore, you must apply to expunge it.

The Complex Expungement Process

The DUI expungement Michigan process is very rigorous and time-consuming.

Why Should I File for DUI Expungement Now?

While these measures won’t go into effect until February 23, 2021, we can help you start the expungement process right now.

Do I need an attorney to file an expungement?

Michigan OWI expungement is not automatic, and the law was and is not designed to allow individuals to pursue expungement without a lawyer. Furthermore, expungement does require a court hearing before a judge, and in determining if the OWI expungement should be granted, this judge will have a great deal of discretion.

What is required to obtain an expungement?

To be successful, you or your attorney must obtain the following items:

Who will decide if my expungement is granted?

The most difficult part of the process will be convincing the Judge to grant the expungement. This is another step in the process in which your attorney will play a crucial role. The expungement will be filed before and will be decided by the same Judge who presided over the OWI.

What factors will the judge consider in granting or denying my petition for expungement?

The new OWI expungement law specifically instructs the Judge to consider whether you have benefited from any of the rehabilitative or education programs that they ordered, or in which you voluntarily participated.

How does Michigan expungement work?

The new Michigan expungement law maintains the typical process, where a person eligible to have an offense set aside must demonstrate to the court that issued the conviction that they deserve the expungement. This will be done through an evaluation of their actions from the date of conviction until the date of the petition.

When will Michigan expungement laws be changed?

Whitmer signed the seven house bills into law that completely change criminal conviction/Michigan expungement laws on October 12, 2020, known as the “Clean Slate” initiative.

Can you expunge a felony in Michigan?

Previously, Michigan felony expungement law permitted a person with no more than one (1) felony and two (2) misdemeanors to set aside the felony. Additionally, someone with no more than two (2) misdemeanors could expunge one or both of their charges. Now, a person convicted of one or more criminal offenses, but not more than a total of three (3) ...

How many plants can you grow in Michigan?

Growing up to 24 plants, while is two times more than what is permissible, is only a civil infraction under the Michigan Regulation and Taxation of Marijuana Act (MRTMA). Unfortunately, this provision does not apply to felony marijuana convictions.

When will Michigan's automatic expungement be effective?

This new law is effective now, with the automatic expungement statute not becoming effective until at least April 2023.

What does sealing a criminal record mean?

While expungement clears a conviction off someone’s criminal record (as if it never happened), sealing a criminal record only gives the appearance that the conviction has been cleared.

How many convictions can you have for assault?

An applicant cannot have more than two (2) convictions for an assaultive crime (felony or misdemeanor), or any violent felony record expunged during their lifetime. An applicant cannot have more than one (1) felony conviction for the same offense to be set aside if the offense is punishable by more than 10 years.

What Does Expungement of a Michigan Record Do?

In Michigan, an expungement seals your record from public view. You will also be legally allowed to tell your employers that you have never been convicted of a crime. This will help you obtain a job, get housing, and enhance the overall quality of your life.

Who Qualifies For Expungement In Michigan?

If you have (1) two misdemeanor convictions and no felony convictions or (2) two misdemeanors and a felony conviction you can (1) petition the court to remove one or both of the misdemeanor charges or petition the court to remove the felony conviction.

How Long Do I Have To Wait To File For An Expungement In Michigan?

You must wait at least five years from the full resolution of your case.

What Convictions Cannot Be Expunged in Michigan?

Convictions for the following offenses cannot be expunged in Michigan:

How Much Does It Cost To File An Expungement Petition in Michigan?

It costs $0 to file an expungement petition. However, there are minor fees you will incur such as a $50 Michigan police report background check fee. The miscellaneous fees are about $100. There will be additional costs if you wish to retain an attorney.

How Can A Michigan Expungement Attorney Help You?

A Michigan expungement attorney can help you see if your case qualifies, file your petition, and appear with you in Court. With your record at stake, we believe it’s in your best interest to have an attorney on your side. Our local co-counsel is experienced and will guide you every step of the way!