Can I get my past criminal conviction cleared from public record?
You did the crime, you’ve done the time.
You’ve also changed as a person and your past criminal record doesn’t reflect who you are today.
Still, it’s the background checks for everything from school field trips to job opportunities remain obstructed.
Good news: many misdemeanor and some felony offenses may qualify for permanent removal from your public criminal record.
Side-Note: There is a distinction between “public” and “non-public” records. The public records are what you would have to report as a conviction, or what is accessible by a criminal background check. There are still non-public records that are retained by the government, specifically, to determine whether or not you’ve had prior convictions set aside.
Not all public records can be set aside, and there’s certain criteria you must show to be eligible for the “ask.”
Here’s 3 Steps To Cleaning Up Your Old Record:
1) Be proactive: Register of Actions and Driving Record. Gather all your previous case paperwork and go to each court you’ve had contact with and request a copy of your Register of Actions. If the offense(s) your hoping to have expunged from public record involve a vehicle, you may be ineligible for having your previous conviction set-aside. Go to Secretary of State and request a copy of your driving record. This will help your attorney evaluate whether or not you have an eligible case for expungement; it also becomes relevant to risk taking behavior (drives fast, runs stop signs, doesn’t renew registrations, all become relevant from here).
2) Make A Plan: Identify Your Audience (Police Officer / Complaining party / Prosecutor / Judge / Probation Officer).
These people had a say in what happened in your life. It’s important to show or address the good and bad from those past contacts. Today, it’s all about where you are now. But the past is forgiven, not forgotten. We acknowledge that as part of our plan at Kelly & Kelly, PC, and craft a plan to highlight the person you are now.
3) Show You Care About What’s Happening. The way the court sees it, having a criminal conviction removed from your record is not something you’re entitled to. Each court has a different way of doing things. Each judge has their particulars. And each case needs it’s own commitment to find success. Commit to the plan set out by your attorney; it’s not optional – it’s the path. There’s a consequence to the decision(s) you made, and you need to show you’ve paid the price.
Your past may have it’s wrinkles, but there’s no better time than NOW to make your future smooth!
Be Proactive for this post on – and call our firm when you’re ready to clean up the past!
Kelly & Kelly, P.C.
422 E. Main St
Northville, MI 48167