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Michigan Expungement Lawyer | Friedman Law Firm

A criminal record follows you everywhere. It appears on background checks when you apply for jobs in Detroit, housing in Ann Arbor, or college admission anywhere in the state. 

What happened years ago can continue to shape your opportunities today. A Michigan expungement lawyer helps you petition the court to set aside eligible convictions and remove them from public view, opening doors that have been closed for years.

Michigan’s Clean Slate legislation expanded expungement eligibility significantly, allowing more people than ever to clear their records. The process involves strict requirements, specific waiting periods, and court filings that must be handled correctly. 

Mistakes can lead to denial, and in most cases you must wait three years before filing another petition unless the court allows you to refile sooner. Contact Friedman Law Firm to discuss whether your convictions qualify for expungement and how to move forward with your petition.

How a Michigan Expungement Lawyer Helps You Clear Your Criminal Record

Friedman Law Firm has helped clients throughout Michigan petition courts to set aside criminal convictions and start fresh. With offices in Royal Oak and Novi, the firm represents clients in Oakland County, Wayne County, Macomb County, Washtenaw County, and courts across the state. 

The attorneys handle Michigan expungement cases regularly and understand the specific requirements each court applies when reviewing petitions.

Legal Guidance Through the Michigan Expungement Process

The expungement application process involves multiple steps, each with its own requirements and potential pitfalls. You must gather certified court records, complete fingerprinting, file the correct forms, serve required parties, and prepare for a court hearing.

Founder Lowell Friedman built a firm where clients receive personal attention and clear communication throughout their cases. The team reviews your complete criminal history to identify which convictions qualify for expungement and which might create obstacles. 

They prepare your application materials, coordinate the fingerprinting and document collection process, and represent you at your court hearing.

Michigan Expungement Lawyer Consultations and Payment Options

Legal fees create barriers for many people seeking expungement. Friedman Law Firm offers no-cost initial consultations so you may learn whether your convictions qualify before committing any money. Payment plans help make representation accessible if you decide to move forward with your Michigan expungement petition.

The firm handles expungement cases remotely when needed, using video conferencing and electronic communication to work with clients who face transportation challenges or live far from the Royal Oak or Novi offices.

Michigan Expungement Eligibility Under the Clean Slate Law

MCL 780.621 governs expungement eligibility in Michigan. The Clean Slate legislation, which took effect in April 2021, dramatically expanded who may petition to have convictions set aside.

The law now permits many people to seek expungement of up to three eligible felony convictions and an unlimited number of eligible misdemeanor convictions, subject to specific restrictions and exclusions.

Not every conviction qualifies for expungement. Understanding what the law allows and what it prohibits helps you assess your situation realistically before investing time and money in a petition.

Convictions That Qualify for Expungement in Michigan

The Clean Slate legislation opened expungement to many offenses that were previously ineligible. Under current Michigan law, you may petition to expunge the following types of convictions:

  • Felony convictions where you have no more than three total felonies on your record
  • Misdemeanor convictions with no numerical limit on how many you may seek to expunge
  • A single first-offense operating while intoxicated (OWI) conviction, subject to statutory limitations and provided no other OWI convictions exist
  • Certain marijuana offenses committed before legalization if the conduct is now legal
  • Certain criminal traffic offenses, such as driving while license suspended or revoked, that do not involve injury, death, or commercial vehicle violations

The law also includes a same-transaction provision under MCL 780.621b that treats multiple offenses committed within 24 hours as a single conviction for counting purposes, as long as none involve assault, dangerous weapons, or penalties of ten or more years. 

This provision may help people who accumulated multiple charges from one incident qualify for expungement when they otherwise might not.

Convictions That Are Permanently Ineligible for Expungement

Michigan law permanently excludes certain serious offenses from expungement regardless of how much time has passed. Convictions that may never be expunged include:

  • Life felonies and attempts to commit life felonies
  • Criminal sexual conduct offenses in the first, second, or third degree
  • Child abuse in the first degree
  • Felonies involving human trafficking
  • Terrorism-related offenses
  • Felony convictions that fall within statutorily excluded offense categories, including certain offenses involving serious injury or death

A Michigan expungement lawyer reviews your complete record to identify any ineligible convictions that might affect your petition and helps you understand your realistic options given your specific history.

Waiting Periods for Filing a Michigan Expungement Petition

The Clean Slate legislation established specific waiting periods that must pass before you may file an expungement petition. These timeframes vary based on the type and number of convictions you seek to expunge. 

Under MCL 780.621d, the waiting period starts on the latest of these dates: sentencing, release from prison, completion of probation, or discharge from parole. Filing before the waiting period has fully run will typically result in denial of your petition. 

Having a new conviction during the waiting period may reset the applicable waiting period or delay eligibility to expunge earlier convictions under the statute. 

Michigan Expungement Waiting Period Requirements by Conviction Type

For multiple felony convictions, you must wait at least seven years from the latest triggering event before filing your petition. For a single felony conviction or certain assaultive or otherwise statutorily excluded misdemeanor convictions, the waiting period drops to five years. For non-serious misdemeanors that do not involve assault, you may file after three years.

The automatic expungement program operates on longer timelines. Qualifying felonies may be automatically set aside ten years after sentencing and qualifying misdemeanors after seven years, subject to number caps and offense-type exclusions.

Automatic expungement applies to far fewer offenses and excludes assaultive crimes, crimes of dishonesty, serious felonies, and cases affected by later convictions or processing delays.

Taking the proactive approach and filing a petition typically results in clearing your record years earlier than waiting for automatic expungement. A Michigan expungement attorney helps you calculate your specific timeline and determine when you become eligible to file.

Steps in the Michigan Expungement Application Process

Filing for expungement involves multiple steps that must be completed in the correct order. Mistakes in your application may result in denial, and a denied petition means waiting three years before you may apply again for the same conviction. Working with a Michigan expungement lawyer reduces the risk of procedural errors that could delay your fresh start.

The application process begins with verifying your eligibility by checking your criminal history through the Michigan State Police Internet Criminal History Access Tool. You then obtain certified copies of each conviction you seek to expunge from the clerk of the convicting court.

Step Details
Eligibility Check Review your criminal history to determine which convictions are eligible for expungement under Michigan’s Clean Slate law.
Obtain Certified Copies Request certified copies of each conviction from the clerk of the court where the conviction occurred.
Fingerprinting Complete fingerprinting through an authorized service provider as part of the application process.
File Petition Submit the petition on Form MC 227 with the court and have it notarized before submission. Separate petitions are required for convictions in different courts.
Serve Required Parties Serve copies of your petition on the prosecuting attorney and Michigan State Police within the required timeframes.
Hearing Attend a court hearing where a judge reviews your petition. The judge will consider factors such as your behavior since the conviction and any objections raised by the prosecutor.
Decision The judge will decide whether to grant or deny the expungement petition based on the circumstances of your case and the public interest.

Filing Requirements for Your Michigan Expungement Petition

The petition itself must be filed on Form MC 227 in the court where the conviction occurred. You must file separate applications if your convictions occurred in different courts. The process involves several specific requirements that must be followed precisely:

  • Obtain certified copies of each conviction from the convicting court clerk
  • Complete fingerprinting through an authorized service provider
  • File Form MC 227 with the court and have it notarized before submission
  • Serve copies of your application on the original prosecuting attorney within required timeframes
  • Serve copies on the Michigan State Police along with your fingerprints

After filing, the prosecuting attorney has 60 days to respond and may object to your petition. The court then schedules a hearing where a judge reviews your application and decides whether to grant the expungement. Missing any of these steps or completing them incorrectly may result in your petition being dismissed.

What Happens at a Michigan Expungement Hearing

The judge at your expungement hearing considers several factors when deciding whether to grant your petition. These include your circumstances and behavior since the conviction, whether setting aside the conviction serves the public welfare, and any objections raised by the prosecuting attorney.

You may present evidence of rehabilitation, employment, education, community involvement, and other factors demonstrating that you have moved beyond the conduct that led to your conviction. The prosecuting attorney may argue against expungement based on the nature of the offense, your subsequent history, or other concerns.

Having a Michigan expungement lawyer present your case at the hearing allows you to put your best foot forward and respond effectively to any objections the prosecutor raises.

Benefits of Hiring a Michigan Expungement Lawyer

A successful expungement removes your conviction from public view, meaning most employers, landlords, and educational institutions no longer see it when running background checks. 

While law enforcement, courts, and certain state agencies retain access to a nonpublic record under MCL 780.623, the conviction disappears from the searches that affect everyday life.

Employment opportunities expand significantly after expungement. Many jobs that previously rejected applicants with criminal records become accessible. 

Professional licensing boards that denied applications based on convictions may reconsider after expungement. Housing options increase when landlords no longer see criminal history on screening reports.

How Expungement May Change Your Opportunities in Michigan

Clearing your criminal record opens doors across multiple areas of life. People who successfully expunge their convictions in Michigan often experience positive changes in the following areas:

  • Employment prospects improve when background checks no longer reveal past convictions
  • Housing applications receive fairer consideration from landlords who screen tenants
  • Educational opportunities expand including eligibility for certain student loans and programs
  • Professional licensing becomes possible for careers that previously denied applicants with records
  • Expungement does not automatically restore firearm rights; eligibility depends on the offense and applicable state and federal law, which may still prohibit possession

Expungement does not eliminate every legal consequence. Courts and prosecutors retain access to a nonpublic record, and expunged convictions may still be considered at sentencing if you are convicted again. 

However, removing a conviction from public view eliminates most barriers in everyday interactions with employers, landlords, and institutions.

FAQs for Michigan Expungement Lawyers

How many convictions may be expunged under Michigan law?

Michigan law currently allows you to petition for expungement of up to three felony convictions and an unlimited number of misdemeanor convictions. However, you may not expunge more than two assaultive crime convictions or more than one felony conviction for the same offense if that offense carries a penalty of more than ten years imprisonment.

How long do I have to wait before applying for expungement in Michigan?

Waiting periods depend on what you seek to expunge. Multiple felonies require a seven-year wait, one felony or serious misdemeanors require five years, and non-serious misdemeanors require three years. The clock starts from sentencing, completion of imprisonment, completion of probation, or discharge from parole, whichever occurs last.

What happens if my Michigan expungement petition is denied?

A denied petition means you must wait three years before filing another application to expunge the same conviction. Working with a Michigan expungement lawyer helps reduce the risk of denial by preparing a thorough application that addresses potential objections and presents your case effectively to the judge.

Does expungement completely erase my criminal record in Michigan?

Expungement removes your conviction from public record searches but does not completely erase it. Law enforcement, courts, prosecutors, and certain government agencies retain access to a nonpublic record. Prior expunged convictions may still be considered for sentencing purposes if you receive future convictions.

How much does it cost to file for expungement in Michigan?

Court filing fees for expungement petitions vary by jurisdiction but typically range from $50 to several hundred dollars. You must also pay for certified copies of conviction records and fingerprinting. Attorney fees vary based on case complexity. Friedman Law Firm offers no-cost consultations and payment plans to help make representation accessible.

Talk to a Michigan Expungement Lawyer Today

Your past does not have to control your future. Michigan’s Clean Slate legislation created real opportunities for people with criminal records to move forward with their lives. Jobs, housing, education, and professional licenses that seemed out of reach may become available once you clear your record.

Contact Friedman Law Firm today for a no-cost consultation about your Michigan expungement case. Every day you wait with a criminal record visible to the public is another day of limited opportunities. Take the step toward clearing your record now.