Having a record can have dire consequences on your life. Depending on your crime, any record you have can stop you from getting jobs or even a place to live. While there are many crimes which are considered to serious for expungement, there are many others which may be expunged from your record after a time. Whether you are a juvenile or an adult, expungement may help those convicted of relatively minor offenses, who have served their time to be able to start over anew after their debt has been paid.
What is an Expungement?
Expungement is in reference to the process of sealing records of previous convictions. While most every state has some law that allows expungements, these laws vary from state to state. If your record has been expunged, in most cases, you are no longer required to reference the conviction, and will be honestly able to answer no if asked.
Note: If you are unsure of when or where you would have to tell someone of your expunged record, be sure you ask your attorney before you do.
Are You Eligible For an Expungement?
Whether you will or will not be able to have your record expunged will vary from case to case but will generally follow the below rules in Michigan according to Act 213:
- If you have not been convicted of more than one crime or two less minor crimes in addition before the submission
- If it has been more than 5 years since the end of sentence or probation
- If it is an offense which is eligible for expungement
To apply for an expungement the court will require:
- An application signed under oath by the person whose conviction is to be set aside
- Full name and address of applicant
- A certified record of the conviction that is to be set aside
- A statement made by the applicant that the applicant has not been convicted of any offense other than the the conviction to be set aside and not more than 2 minor offenses
- A statement by the applicant that the applicant does not have any other criminal charges pending against him in the U.S. or any other country
- Consent to use the non public record created under section 3
- Two sets of fingerprints
- A fee for processing the application
Expungements Attorney Gaylord MI
Expungements can be complicated and vary by ages, convictions, and other factors. To ensure that you get the best outcome, be sure to contact a skilled and well versed expungement attorney before proceeding. The Law Offices of Daniel J. Harris, P.C. can assist with expungements in Gaylord MI.