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Former Police Officer and Former City Prosecutor Fighting for Your Freedom

Birmingham & Oak Park Expungement Attorneys

Setting Aside an Adult Conviction in Michigan

People make mistakes, but those who learn from their past shouldn’t have to shoulder the burden of a criminal record for the rest of their lives. Expungement, or the removal of a criminal conviction from your record, can be a complicated task, but it has the power to profoundly change everything for the better.

In Michigan it’s known as setting aside a conviction, and it can help your ability to get a job, take out a loan or obtain housing. At Fraiberg & Pernie, PLLC, we understand the stigma that a past criminal conviction can have, which is why we can guide you through the process of removing a conviction from your public record.

Call (248) 450-0232 or contact us online for a free consultation.

Expungement

Before you petition the court to set aside a conviction, you must first determine if you are eligible. To be considered for expungement, five years must pass since the completion of your sentence, and you must not have had a previous conviction set aside.

In addition, you must meet the following to qualify:

  • You have not been convicted of more than 1 felony and 2 misdemeanors (you may set aside the 1 felony offense)
  • You have not been convicted of more than 2 misdemeanors and no other felonies or misdemeanors (you may set aside 1 or both of the misdemeanor offenses)
  • You were convicted of a violation or attempted violation of MCL 750.520e (criminal sexual conduct 4th degree) before January 12, 2015

You would not qualify if you committed a felony or attempted to commit a felony for which the maximum punishment is life imprisonment, if you were convicted for operating while intoxicated or felony domestic violence, and if you violated the human trafficking laws.

If you are eligible for an expungement, you can file an application to set aside conviction with the court where you were convicted. You must get fingerprinted and order a certified copy of your order of conviction. Once you have those documents, you must send them, along with a copy of your application and a $50 check. Finally, you must notify the Michigan State Police, the Attorney General, and the prosecutor who handled your conviction by sending them each a copy of your application.

Once you’ve applied, you must attend a hearing where you explain to a judge why your conviction should be set aside. Law enforcement officials and the victims of your crime may testify at the hearing to object your application. You may also bring witnesses to testify in support of you. If the judge agrees that your conviction should be set aside, an order to set aside conviction is entered with the court. If your conviction is expunged, you do not have to disclose it to potential employers any longer.

Contact Us Today!

At your hearing, it is important to have an experienced criminal defense attorney at your side. At Fraiberg & Pernie, PLLC, we can provide you with comprehensive legal services to help you take control of your record so you can move forward with your life. If you have been convicted of a criminal offense, contact our Birmingham and Oak Park expungement lawyers today.

Call (248) 450-0232 or send us a text at (248) 425-2771.

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