Applications to Set Aside Conviction
Eligibility is half the battle; you still need to cross the finish line.
Expungement is the process of clearing your public criminal record. This is also known as “setting aside a conviction.” In the State of Michigan, there are separate processes involved in setting aside a conviction for adults and juveniles. Although removing a criminal offense from your record isn’t possible in every circumstance, it’s important to work with an experienced attorney with a track record of success who can explore your options.
The criminal defense attorneys at Kelly & Kelly P.C have over 30 years of criminal court experience. Our law firm has handled many cases resulting in expungements for both adult and juvenile offenders. If you have questions about a criminal charge or criminal record in Michigan, talk to one of our experienced lawyers today. 248-348-0496
Setting Aside Convictions For Adults
The process of setting aside convictions for adults has several steps. First, you need to file an application to the court where you received the conviction. This includes being fingerprinted, sending specific documents with your application, along with a fee to the State of Michigan. You will also need to notify specific parties such as the Prosecutor that handled your case, the State Police, etc.
Once applying, you will have to attend a hearing and convince the judge why your conviction should be set aside.
The Michigan Legislature lists more specific details behind this process. For example, according to Section 780.621, “a person who is convicted of not more than 1 offense may file an application with the convicting court for the entry of an order setting aside 1 or more convictions.” There is a lot more information and exceptions within the Michigan legal code. As a result, it’s important to seek legal guidance immediately to explore your the options regarding a criminal charge.
The attorneys at Kelly & Kelly P.C understand each step of this process and can help convince the judge of your case.
Setting Aside Convictions For Juveniles / Minors
Being convicted of a crime as a minor, is known as a juvenile adjudication. Setting aside an adjudication clears your juvenile public record (this may also be known as expungement.) If your adjudication is set aside, you will not have to disclose it to potential employers.
The criminal defense of Juveniles is a very specialized area of law that requires specific knowledge and expertise. Our lawyers have helped many adult and juvenile offenders with setting aside convictions in Michigan.
When a Criminal Record is Expunged
There are many questions surrounding expunged criminal records. To address some of the confusion on this topic, here are several key points.
– When a criminal charge is expunged, this means that the individual previously convicted of the crime does not have to disclose this offense to potential employers.
– Having an expunged criminal record does not necessarily mean the record is erased completely. For instance, law enforcement agencies will still have access to this information.
– There are only a few instances where an employer has access to an expunged record. For example, jobs in law enforcement, certain government positions, and other public service oriented occupations (such as firefighters, EMS, etc,) can obtain information on an expunged record via background check conducted by a law enforcement.
– In short, when a conviction is successfully set aside (expunged), the offense will not be available to anyone outside of law enforcement.