If you have been charged with or convicted of a violent crime in Michigan, you are likely concerned about whether this violent crime charge will affect your ability to obtain certain types of employment or your eligibility for living in a specific neighborhood or obtaining a particular form of credit. As such, you may be wondering: is it possible to remove a violent crime charge from my criminal record? The process for removing or sealing a criminal record is known as expungement, or expunging a charge from the record. In Michigan, the process is often described as setting aside a conviction. Some violent crime convictions are eligible to be expunged in Michigan once certain conditions are met. Our Michigan criminal defense attorneys can provide you with more information.Â
Under the Michigan law for setting aside convictions, criminal charges for which you have been convicted could be eligible for expungement. It is important to understand that some states distinguish between record sealing and expungement, where record sealing prevents the public from accessing the records (but the records still exist if a court needs to see them) and expungement results in the criminal record being erased altogether. This is not a distinction that is made in Michigan. In Michigan, certain criminal convictions can be sealed or â€śset aside,â€ť which is often described in terms of expungement or expunction, but the record is not erased.Â
In Michigan, when a conviction is expunged or â€śset aside,â€ť it will not show up in a public search, but it can still be accessed by a court or a law enforcement official, for example. When a record is expunged, you do not need to report the offense when you are applying for a job, housing, or credit.Â
Michigan law changed relatively recently in terms of expungement, and many more offenses can now be expunged under the Clean Slate Act, which took effect in 2021. Which violent offenses are eligible for expungement? The following explains how expungement now works in Michigan:
Certain types of violent offenses cannot be expunged. Any felony offenses that have a maximum punishment of life in prison cannot be expunged. In addition, felony domestic violence charges typically are ineligible for expungement, as are violent charges involving child abuse and most types of violent sex crimes. Contact Lucido & Manzella, P.C. for more information.
If you have questions about whether your violent criminal offense is eligible for expungement, you should seek advice from a Michigan criminal defense lawyer today.Â
We offer a free initial consultation so you will get an opportunity to meet us, and we will have an opportunity to learn more about your legal issue.
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