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Expungement

Everything you need to know about getting your criminal record expunged and what we can do to help

How does one get their criminal record Expunged?

First, it’s important to know several things about what an expungement actually means 

  1. Although those once convicted of a crime can now legally tell employers that they do not have a criminal record, there is much still in the public record that can easily still be obtained. Many employers are specifically authorized by statute to conduct criminal history checks, and certain government or law enforcement agencies are not limited to determining only whether a conviction was obtained.
  2. Also, employers in other states may be bound by laws different than Michigan’s and may be allowed to ask about arrests that did not result in conviction.
  3. Colleges and graduate schools are free to ask about anything to do with one’s criminal history—and often do.
  4. Expunged convictions are still considered convictions for purposes of immigration deportation.
  5. Expunged convictions may be considered in sentencing if the person is ever convicted of another offense. 

Expunging a Juvenile Adjudication

If you answer yes to any of the following questions than you are MORE LIKELY THAN NOT eligible for expungement. If you answer no to all of the questions than you are LIKELY eligible for expungement. The parameters for adult expungement are more complicated so  CONTACT US to walk you through it.

  1. Is the offense one that if committed by an adult would be a felony that carries a maximum punishment of life imprisonment or a traffic offense such as drunk driving or driving without a license?
  2. Do you have a juvenile offense that would be a felony if committed by an adult?
  3. Do you have more than three juvenile offenses? (Multiple adjudications arising out of a single time sequence of 12 hours or less counts as one offense, unless one of the adjudications was an assaultive crime, an offense involving the use or possession of a weapon, or an offense with a maximum penalty of 10 or more years imprisonment.)
  4. Do you have adult convictions for felonies in addition to the adjudication that you want expunged?
  5. Was the adjudication less than one year ago with the one year term beginning after the completion of any term of detention for that adjudication?
  6. Are you less than 18 years of age?

(If you were tried as an adult you must attempt expungement according to the adult expungement statute.)

Fill out our contact form and we will counsel you through the process!

Expunging An Adult Conviction

If you answer yes to any of the following questions than you are MORE LIKELY THAN NOT eligible for expungement. If you answer no to all of the questions than you are LIKELY eligible for expungement. The parameters for adult expungement are more complicated so  CONTACT US to walk you through it.

  1. Is it a felony for which the maximum punishment is life in prison?
  2. Is the offense criminal sexual conduct, child abuse in the second degree, or child abuse in the second degree in the presence of another child?
  3. Is the offense criminal sexual conduct in the fourth degree that occurred after January 12, 2015?
  4. Is it a misdemeanor traffic offense such as drunk driving or driving without a license?
  5. Is it a felony conviction for domestic violence AND do you have a previous misdemeanor conviction for domestic violence?
  6. Is the offense human trafficking or terrorism?
  7. Do you have a previous felony conviction or more than two misdemeanors? (deferred convictions of any kind count as misdemeanors)
  8. Has it been at least five years since any of the following occurred last?
    1. imposition of the sentence for the conviction that the person seeks to set aside
    2. completion of probation imposed for the conviction that the applicant seeks to set aside
    3. discharge from parole imposed for the conviction that the applicant seeks to set aside
    4. completion of any term of imprisonment imposed for the conviction that the applicant seeks to set aside
  9. Are there any other criminal charges pending?

Fill out our contact form and we will counsel you through the process!

Schedule a free consultation!

No retainer necessary! Just tell me what’s on your mind and we can plan the next steps for your success!

Why work with us?

  • Tenacious representation for an AFFORDABLE PRICE!
  • Weekend meetings & Consultations Available!
  • Educated on Modern Issues & Laws!

Email: kerrylawpllc@gmail.com

Tel: (734) 263-1193

Address: 214 S. Main St. Ste 200
                 Ann Arbor MI, 48104
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