Oakland County Expungement Lawyers
Petitioning to Set Aside Your Conviction
If you were convicted of a crime, you might have been sentenced to imprisonment, fined, placed on probation, or been subject to several other criminal sanctions. You might find that even after you have completed your court-ordered terms, you are still facing several hurdles hindering you from re-entering and becoming a productive member of society because the conviction still appears on your criminal record. Fortunately, you can seek relief from these obstacles by applying for an expungement. If your request is granted, your conviction will be set aside, making it inaccessible to the public. Because the process of pursuing this legal vehicle can be complex, it's important to have an attorney guide you through each stage.
At Fraiberg & Pernie, our Oakland County expungement attorneys have over 35 years of combined experience. We can deliver the counsel you need to seek to have your record cleared. Our team firmly believes that people deserve a second chance. We are ready to do what it takes to help you successfully petition the court to set aside your criminal record.
For the legal representation you need, call us at (248) 440-7936 or contact us online. Your initial consultation is free.
What Is an Expungement?
An expungement is a legal vehicle available to many people found guilty of a crime. It allows relief from the obstacles arising from a conviction, opening opportunities that the individual may have previously been ineligible for.
If the court grants an expungement, the individual's public criminal record is cleared. That means if an employer, landlord, or other agencies run a background check, they won't see the conviction. However, some limited exceptions exist. For example, if a person applies for a government job, such as for a position as a police officer, the potential employer may still have access to their criminal history information.
Who Is Eligible for an Expungement in Michigan?
For a person to be considered for an expungement, they must meet certain eligibility requirements.
If they have any of the following, their request for post-convictionrelief will not be granted:
- More than 3 felony convictions
- More than 1 assaultive crime to be set aside
- More than 1 felony with a maximum incarceration term of over 10 years
- Pending charges or received
- Conviction occurring after the offense for which they are seeking relief
Our expungement lawyers in Oakland County can review the details of your case to determine whether you meet the eligibility requirements to have your conviction set aside.
What Crimes Cannot Be Expunged?
Although expungement is available for many individuals, those who have certain convictions cannot have their records cleared.
In Michigan, the following cannot be expunged:
- Crimes with a possible lifetime prison sentence
- Child abuse (except fourth-degree child abuse)
- Criminal sexual conduct
- Specific felonies penalized by more than 10 years' imprisonment
- Felony domestic violence (when the individual has a prior misdemeanor domestic violence conviction)
- Felony marijuana crimes
- Solicitation or prostitution (except when the individual was a human trafficking victim)
- Alcohol-related traffic offenses
- Commercial vehicle traffic violations
- Traffic offenses resulting in injury or death
At Fraiberg & Pernie, our team can discuss in detail the specific offenses ineligible for expungement. Speak with us to learn more about your legal options for your situation.
What Can Be Expunged in Michigan?
There may be several crimes for which convictions cannot be set aside, but there are also various offenses for which this relief is available.
Below are a few examples of convictions that can be expunged in Michigan:
- Some traffic crimes
- All misdemeanors
- Misdemeanor marijuana offenses
Our Oakland County expungement attorneys can go through your record and let you know if your conviction can be cleared.
What Are the Waiting Periods for an Expungement?
A person must wait a certain amount of time after completing their sentence to apply for an expungement.
The expungement waiting periods are as follows:
- 7 years: When seeking an expungement of 2 felony convictions
- 5 years: When seeking an expungement for 1 felony or 1 or more serious misdemeanors
- 3 years: When seeking an expungement for 1 or more misdemeanors
If the judge denies the request, the applicant must wait 3 years before petitioning for relief again.
Contact Fraiberg & Pernie for Legal Help
Presenting a persuasive case for your expungement is essential. Our team can build a compelling case for you and help present your argument at the hearing.
To get started on seeking to set aside your conviction, call us at (248) 440-7936 or reach out to us online.