Michigan law on expunging criminal records has changed to now allow two prior convictions of minor offenses.

The major requirements under the statute are:

1) An application shall not be filed until at least 5 years following imposition of the sentence for the conviction that the applicant seeks to set aside or 5 years following completion of any term of imprisonment for that conviction, whichever occurs later.

2) If the conviction was for an assaultive crime or a serious misdemeanor, the prosecuting attorney shall notify the victim of the assaultive crime or serious misdemeanor of the application. The victim has the right to appear at any proceeding under this act concerning that conviction and to make a written or oral statement.

3) If the court determines that the circumstances and behavior of the applicant from the date of the applicant’s conviction to the filing of the application warrant setting aside the conviction and that setting aside the conviction is consistent with the public welfare, the court may enter an order setting aside the conviction. The setting aside of a conviction under this act is a privilege and conditional and is not a right.

4) In addition to the charge for which relief is sought, the applicant is not ineligible if previously convicted of not more than 2 minor offenses in addition to the offense for which the person files an application. A minor offense means a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 90 days, for which the maximum permissible fine does not exceed $1,000.00, and that is committed by a person who is not more than 21 years of age.

For a full copy of the statute, CLICK HERE.

The attorneys fees associated with an expungement will frequently reach $1,000.00.

For general advice as to how to set aside a conviction without retaining an attorney, CLICK HERE.

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The above is not intended to serve as legal advice. You should consult an attorney.

Raymond J. Pater, Esq.
PATER LAW, PC
714 Michigan Ave, Ste B
Holland, Michigan 49423
(616) 396-8883

Copyright © 2012 by Pater Law, P.C. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.

Raymond J. Pater, Ottawa County Michigan Family Law attorney serving Holland, Zeeland, Grand Haven, Jenison, and the Lakeshore community.

Pater Law handles collection cases throughout the state of Michigan and Family Law matters throughout Ottawa County and Allegan County.

We work with clients in all stages of a divorce or family law dispute, from the filing of a divorce complaint or answer through trial and post-judgment requests for enforcement or modification.

We advise regarding child custody, parenting time (visitation), child support, spousal support (alimony), and the division of marital assets and marital debts

We represent individuals and businesses in large collections matters. Many of our clients are attorneys who seek to collect unpaid fees.

When you are involved in a legal dispute you want an experienced attorney who knows the law, who will identify the options available to you, and who will provide you with an honest assessment of your situation.