Excerpt: If you have a past conviction for a crime, a criminal record can continue to present complications that can directly affect your livelihood.
If you have a past conviction for a crime, a criminal record can continue to present complications that can directly affect your livelihood. Background checks are often a common part of an employer’s hiring process and landlords may deny tenant applicants based on previous criminal history. Everyone makes mistakes and if you have a criminal conviction that is more than five years old, you may be eligible to have your record expunged.
In Michigan, the process of expungement effectively “sets aside” a prior criminal conviction, sealing your records from public view. After this process, your records may only legally be viewed by specific non-public parties, such as government agencies. For example, an expunged conviction may still be available as evidence if you are charged with a crime in the future. After the expungement process is complete, however, you can honestly and legally state that you have no criminal record. Publically, the conviction will not show up on background checks and it will be as though it never occurred.
ELIGIBILITY FOR EXPUNGEMENT
Although it is possible for both adult and juvenile cases to be expunged, not everyone is able to do so. Those who are looking to set aside a conviction on their criminal record must meet certain criteria. If you are unsure if your case qualifies for expungement, you can learn more by consulting with attorneys at Rasor Law Firm.
The following conditions can disqualify a person from eligibility for expungement:
- More than one adult criminal conviction
- Conviction of a felony punishable by life in prison
- Conviction of a sex crime or attempted sex crime
- Conviction of certain traffic offenses
- Less than 5 years have passed since the date of the conviction
- Less than 5 years have passed since release from prison
EXPUNGEMENT OF A JUVENILE ADJUDICATION
In Michigan, when a minor is convicted of a crime, it is known as a juvenile adjudication and there are separate requirements and processes for expungement for these convictions. Similar to crimes committed by an adult, the expungement of a juvenile crime serves to set it aside from the main record and will only be visible by certain parties such as law enforcement. The ability to set aside juvenile offenses is largely based on how a crime would have been charged if committed by an adult.
Convictions may not be eligible for expungement if:
- The offense would be punishable by life in prison if committed by an adult
- The offense involved certain traffic violations
- The offense was transferred to or held under an adult court
CLIENT-FOCUSED LEGAL SERVICES
If you are seeking to expunge a juvenile or adult criminal conviction or have questions regarding your case, contact the Royal Oak criminal defense attorneys at Rasor Law Firm today. Our experienced attorneys can consult to see if you are able to set your conviction aside and also to help you through each step of the process. Cases can be complex and our firm will work with you to make sure every step of the process is done correctly.
Call 248-543-9000 to schedule a free consultation and discuss your future with an attorney today.