HB 4186 has been passed the house with zero dissenting votes and it has passed the senate and been signed into law by Mr. Snyder. The bill will allow more people to set aside their convictions.
To set a conviction aside a person who is filing a motion for an expungement will need to have an experienced Grand Rapids criminal defense attorney go over your background to determine if you qualify for an expungement. Our expungement lawyers in Grand Rapids, Michigan have a 100% success rate in getting expungements granted.
It now appears that an individual will be able to set aside a conviction through an expungement with misdemeanors that are not “minor offenses.” Minor Offenses were a big obstacle for many individuals because they were offenses that had maximum jail of 90 days or less. A simple assault and battery is a 93 day misdemeanor and so is a DUI. That means for individuals that had an assault and battery and any other offense with more than a 93 day maximum jail sentence could not expunge a conviction. This prior incarnation of the law limited expungement to primarily those that were only ever convicted of one offense.
An additional provision of the new bill will allow an individual to expunge more than one conviction at a time as long as they are both misdemeanors.
Juveniles are maybe eligible for an expungement under MCL 712A.18e. An adult expungement can be made nonpublic under MCL 780.621. We have the Grand Rapids Expungement Lawyers you need to get the best results possible!
What The New Expungement Law Means
The MDOC will expunge records if it receives a TRUE COPY of the expungement directly from the presiding court. The good news about this new law means that more people in Michigan will be able to get a criminal conviction off their record. A successful “Motion to Set Aside A Conviction” erases your criminal record from public view. You will not have to be worried about a potential employer not giving you a job because you have a prior conviction. If they do a background check, you will show no prior convictions.
We Can Help You Set Aside Your Conviction
At The Criminal Defense Law Center of West Michigan, our five-star rated team of attorneys know how to get you the best results possible. We have helped numerous clients get their criminal record erased. We love helping our clients get a fresh start with their life and not have a stupid choice in the past continue to haunt them. Our Grand Rapids Expungement Lawyers and Attorneys will not stop until your record is clean!
Getting your criminal record erased requires you to follow specific guidelines. These guidelines are mandatory. Because of this, you need to hire an attorney to guide you through the process and make sure your motions is granted. Why risk having a criminal record haunt you any longer than it needs to. Hire a lawyer now to help you out! Our expungement lawyers in Grand Rapids, Michigan will get you the best results possible so call us now at 616-438-6719!
Michigan Expungement Rules
Michigan law regarding expungement law has recently bee changed. The newly edited law allows a person who has two prior misdemeanors convictions to be eligible for an expungement. An additional benefit of the new law is that a person with one felony and two misdemeanors can get their record expunged.
Under the new law, a person still must wait five years after a verdict, five years after the time of sentencing or serving prison time, completion of probation or discharge of parole (whichever happens later)
Certain crimes are not able to be erased from your criminal record. These crimes are:
- A felony attempt charge which would result a possible maximum sentence of life in prison.
- Felonies where the maximum punishment required by law is life in prison.
- Criminal Sexual Conduct in the first degree and CSC in the second or third degree.
- Traffic violations
If you have any questions regarding an expungement, please call Shawn today at 616-438-6719. The call is free. Will you be?
Michigan Updates Expungement Laws 2020
Other bills signed Monday will go into effect in 180 days (April 10, 2021). According to BridgeMi.com The new law will:
- Make it possible for misdemeanors to be expunged after three years, felonies after seven years and serious misdemeanors or a single felony to five years, shortening the waiting time to apply for expungement.
- Allow felonies or misdemeanors from the same 24-hour period — or as lawmakers have called it, “one bad night” — to be treated as one conviction for expungement. Assaultive crimes, crimes involving a dangerous weapon and crimes punishable by 10 or more years in person can’t be included.
- Bar certain crimes from expungement, including crimes that can bring a sentence of life in prison, domestic violence, traffic offenses where someone was seriously injured or died, child abuse, sexual assault, and driving while intoxicated — a point of contention for some lawmakers who argued DUIs should be included.
- Create a process for people convicted of multiple marijuana misdemeanors to apply for streamlined expungement, which would require prosecutors who choose to challenge the expungement to prove that the crime would still have been a crime if it occurred after adult-use marijuana became legal in 2018. Aggrieved parties would also be allowed to ask for a court to reconsider their decision on an expungement request.
- Whitmer said the bill related to the expungement of marijuana crimes is “in response to the referendum that the voters approved to legalize marijuana in 2018” and said it fulfills a 2018 campaign promise to forgive certain marijuana-related crimes.