Michigan Expungement Lawyers

Our Michigan Expungement Attorneys Can Help You Set Aside Past Convictions

A criminal record can affect your life long after a case is closed, since even a misdemeanor conviction can interfere with job opportunities, professional licensing, housing applications, firearm rights, immigration consequences, and reputation.

Additionally, Michigan expungement laws are highly complex, with various offenses and circumstances resulting in entirely different outcomes.

Our experienced Michigan expungement lawyers can help you determine eligibility, properly prepare your petition, and present evidence demonstrating rehabilitation and public safety considerations.

Our Michigan Expungement Attorneys Help You Move Forward in Life

With over four decades of legal experience, the attorneys at Gentry Nalley understand Michigan’s expungement process and know how to prepare a strong petition to set aside an eligible conviction.

As a result, people with criminal records may move forward without having to carry the burden of past mistakes, since employers, landlords, and members of the public will no longer see the conviction through ordinary background checks.

This, in turn, can dramatically improve a person’s employment prospects, housing opportunities, educational access, and professional licensing eligibility.

A successful expungement also allows many individuals to legally state that they have not been convicted of the offense. For people who have struggled with the long-term stigma of a criminal conviction, this relief can be life changing.

However, expungement does not completely erase a record.

For example, certain government agencies, courts, prosecutors, and law enforcement entities may still access the sealed record under limited circumstances.

In addition, federal immigration authorities may still consider some expunged convictions for immigration purposes. Also, professional licensing agencies and firearm rights questions may involve separate legal analyses, depending on the underlying offense.

But no matter your past, our experienced attorneys are ready to take on your expungement case in an effort to clear your Michigan record and help you move forward in life.

Our Expungement Attorneys Can Help with These Convictions

Gentry Nalley helps clients seek expungement for eligible convictions involving:

Misdemeanor convictions
Felony convictions
First-offense OWI convictions
Marijuana-related offenses
Retail fraud
Drug possession
Disorderly conduct
Assaultive offenses, when eligible
Multiple convictions from the same incident
Convictions not cleared through automatic expungement

In addition, our expungement attorneys are constantly examining Michigan’s legal landscape to discover new ways to help our clients have their convictions set aside.

As a result, we are able to provide legal guidance for even more Michigan residents to expunge their record of convictions.

For instance, recent changes to Michigan law have made it easier for some individuals to have their convictions set aside.

MCL 780.621 also now generally allows eligible individuals to apply to set aside an unlimited number of qualifying misdemeanors and up to three qualifying felony convictions, subject to important limits for assaultive crimes, serious misdemeanors, traffic offenses, and other excluded offenses.

Additionally, some assaultive convictions may also be eligible under the above law, but Michigan places additional limits on how many assaultive convictions can be set aside and which offenses qualify.

In other cases, MCL 780.621b now allows you to “bundle” multiple criminal offenses from the same incident into a single felony or misdemeanor conviction for expungement purposes.

Thus, people whose record comes from one isolated event rather than repeated criminal conduct over time can have a reduced criminal record.

This provision can significantly expand expungement eligibility for people who have one isolated event on their criminal record rather than repeated criminal conduct over time.

Qualifying offenses that can be combined may include:

Property crimes
Retail fraud
Larceny offenses
Fraud-related crimes
Disorderly conduct offenses
Drug possession crimes
Other various nonviolent felonies and misdemeanors

Marijuana-Related Offenses
MCL 780.621e allows some marijuana-related offenses to be set aside, particularly where the conduct would no longer constitute a crime after the legalization of recreational cannabis in 2018.

OWI Offenses
One of the most significant changes that recently took place in Michigan involves drunk driving convictions, since operating while intoxicated offenses were permanently barred from expungement in the past.

However, changes to Michigan law now allow many first-offense OWI convictions to qualify for expungement under MCL 780.621c, although offenses involving serious injury, death, or commercial vehicle operation may still remain ineligible for expungement.

Expungement for Younger Individuals
Younger offenders may also have additional opportunities to have their criminal record expunged.

Under the Holmes Youthful Trainee Act and certain deferred sentencing statutes including MCL 762.11, some younger offenders may avoid a public conviction record entirely if they successfully complete probationary terms and statutory requirements.

If you want to know if your offense can be expunged from your record and how to begin the process, the expungement attorneys at Gentry Nalley are ready to provide the legal guidance you need.

Automatic Expungement Under Michigan Clean Slate Laws

If you’re hoping to have your criminal convictions set aside, our attorneys want you to know that Michigan’s Clean Slate reforms have created an automatic expungement system that became operational on April 11, 2023.

Under MCL 780.621g, qualifying convictions may now be automatically set aside after the applicable waiting periods expire, even if the individual never files a formal petition with the court.

These automatic expungements generally apply to lower-level misdemeanors and limited felony convictions, provided the individual has not committed new offenses and has no pending criminal charges.

To help with this process, the Michigan State Police periodically reviews criminal history records to identify qualifying convictions and process automatic expungements.

However, even though automatic expungement has provided relief to many people, not every eligible conviction will necessarily be cleared immediately: delays may occur due to administrative processing, record discrepancies, or statutory exclusions.

Additionally, automatic expungement does not apply to every conviction. In these instances, individuals will still likely need to file a petition because their conviction is excluded, incorrectly recorded, or not eligible for automatic processing.

Thus, filing a formal petition is generally still the fastest way to have convictions set aside rather than waiting for the automatic system to process the conviction.

If you’re ready to get the expungement process started, Gentry Nalley’s attorneys are prepared to work hard to help you clear your record as quickly as possible.

Convictions That May Be Ineligible for Expungement

Despite Michigan’s broader Clean Slate reforms, some convictions remain ineligible for expungement under MCL 780.621c.

Generally speaking, these crimes include:

Murder
Attempted murder
Crimes punishable by life imprisonment
Criminal sexual conduct offenses, particularly offenses involving minors or vulnerable victims.
Certain domestic violence crimes
Human trafficking crimes
Terrorism-related offenses
Child sexual abuse offenses
Certain serious traffic crimes causing injury or death

Waiting Periods for Filing a Michigan Expungement Petition

Our expungement lawyers understand that anyone with a criminal conviction wants it set aside as soon as possible.

Nevertheless, Michigan imposes mandatory waiting periods before a person may apply to have a conviction set aside.

These waiting periods are governed primarily by MCL 780.621d and vary depending on the nature and number of convictions involved.

Our attorneys have broken this law down into these three categories:

Many non-serious misdemeanors require a three-year waiting period
Offenses considered to be more-serious (such as certain assaultive crimes and first-offense OWI convictions) generally require a five-year waiting period
Cases involving multiple felony convictions may require a seven-year waiting period

It’s important to note that the waiting period does not begin immediately after sentencing. Instead, the required waiting period usually starts only after all incarceration, probation, and parole obligations have been fully completed.

As a result, the full expungement process may take anywhere from several months to close to a year, depending on the county and court backlog.

Delays may also occur while criminal history records are reviewed by the Michigan State Police, by the prosecutors who evaluate the petition, and by the courts that may delay the required hearings.

Our Michigan expungement attorneys fully understand the legal process and know how to avoid unnecessary delays with your expungement petition.

Let Our Attorneys Guide You Through the Steps in the Michigan Expungement Application Process

While the Michigan expungement process involves a number of technical steps that need to be strictly followed, our attorneys are ready to guide you through each requirement and maximize your chances of obtaining a clean record.

Step 1: Check Eligibility
Before the legal process can begin, it’s essential to first verify that your convictions qualify for expungement and that the mandatory waiting periods have passed. This can be done using Michigan’s Internet Criminal History Access Tool (ICHAT). It’s essential that this step is fully completed, since multiple convictions, assaultive offenses, deferred proceedings, or out-of-state convictions can make eligibility calculations complicated. Our attorneys are ready to help with this matter.

Step 2: Obtain Certified Records & Fingerprints
A certified copy of your conviction record must be obtained from the specific court where you were sentenced.

Your fingerprints can be taken on a Michigan Applicant Fingerprint Card (RI-8) at a local law enforcement agency or Michigan State Police (MSP) post.

Step 3: Complete and Notarize the Application
Fill out the Application to Set Aside Conviction (Form MC 227), but do not sign it yet, since your signature must be signed in the presence of a notary public.

Step 4: Pay Fees and Serve the Agencies
Make copies of your completed application packet, which must include the application and certified record of conviction.

Copies must be mailed to the following three agencies via first-class mail:

Michigan State Police (MSP): Include your fingerprint card and a check or money order payable to the State of Michigan for the required amount, which can vary.

Attorney General of the State of Michigan: Mail a copy of the packet to the Office of the Attorney General.

Prosecuting Official: Mail a copy to the prosecuting official who handled your original case.

Note: Because forms, fees, and filing procedures can change, our attorneys will confirm the current requirements before preparing and filing your expungement materials.

Step 5: File With the Court
Fill out the Proof of Service section on the remaining copies of your application to verify you have mailed the materials to the required agencies.

This is a sworn statement verifying that you mailed copies of your expungement application and notice of hearing to the required state agencies. This Proof of Service must be filled out on page three of your MC 227 application form.

Take or mail the original application, certified record, and Proof of Service to the clerk’s office at the court where you were convicted. While there, you must request a court hearing date from the clerk.

NOTE: If convictions originated in multiple courts, separate filings may be necessary.

Step 6: Attend the Court Hearing
As you go to court on your scheduled hearing date, you must be prepared to explain to the judge why your petition should be granted and how you have changed since your conviction. If approved, the judge will sign an order setting aside your conviction.

Because expungement proceedings are detail-oriented and must follow a specific procedure, it is easy to make mistakes in paperwork, eligibility analysis, or service requirements that lead to unnecessary delays or denials.

Our experienced expungement attorneys can help avoid these and other issues while ensuring that your case receives the strongest possible presentation to the court.

How to Increase Your Chances of a Successful Michigan Expungement Petition

While the above process outlines the overall steps required and which forms are needed during the Michigan expungement process, our skilled expungement attorneys know how to further increase the chances of having your criminal offenses set aside.

One major way to increase your chances of having a record expunged is by preparing strong supporting documentation. This basically means having evidence that shows any past mistakes are behind you.

Being prepared with this evidence is often effective because it allows courts to better evaluate whether or not granting your expungement serves the public welfare.

For example, judges often want to see evidence demonstrating rehabilitation, stability, and positive community involvement since the conviction occurred.

This can be accomplished by providing proof of the following:

Employment
Educational achievements
Professional certifications
Volunteer work
Counseling participation
Sobriety efforts

In addition, letters of recommendation from employers, clergy members, family members, or community leaders can provide even more compelling evidence by having respected members of the community vouch for your character.

Additionally, evidence showing long-term law-abiding conduct can be especially persuasive.

Our Michigan expungement attorneys can help you collect these documents in order to improve your chances of having your record cleared.

What Happens at a Michigan Expungement Hearing

Having handled expungement cases for years, our defense lawyers have found that the vast majority of Michigan expungement petitions are reviewed at a formal court hearing.

During the hearing, the judge reviews the applicant’s criminal history, rehabilitation efforts, and overall conduct since the conviction occurred.

The court’s focus is to determine whether setting aside the conviction is in the public’s best interests, as well as deciding if the applicant’s behavior since the offense denotes a change that warrants expungement.

Thus, even though someone may be technically eligible under the statute, judges are still permitted to deny the petition in some situations if they feel it is in the public’s best interests.

Additionally, prosecutors may object to expungement requests for several reasons.

Common expungement objections include:

Allegations of continued criminal behavior
Pending charges
Unpaid restitution
Concerns surrounding the seriousness of the underlying offense
A lack of sufficient rehabilitation

It is for reasons like these that having an experienced attorney ready is so important, since we can often anticipate and plan for these and other objections.

Thus, even though an individual is allowed to represent themselves, our lawyers can present thoroughly prepared evidence regarding employment history, educational accomplishments, family responsibilities, counseling participation, community involvement, and other rehabilitative efforts.

Additionally, our expungement lawyers can play a critical role during the hearing by responding to prosecutor objections, addressing concerns raised by the judge, and presenting the applicant in the strongest possible light.

Further, we can help provide character letters and testimony in order to better demonstrate that the applicant has become a productive and law-abiding member of society.

Why Hiring a Knowledgeable Michigan Expungement Lawyer Matters

Although Michigan allows individuals to file expungement petitions on their own, the legal and procedural complexities involved can be overwhelming.

The knowledgeable Michigan expungement attorneys at Gentry Nalley can help with every part of the process, from evaluating circumstances behind convictions, to examining various laws, to utilizing a custom legal strategy to help improve the likelihood of having your conviction expunged.

Experienced Michigan Expungement Attorneys

With more than 40 years of combined legal experience, the attorneys at Gentry Nalley understand what it takes to have a criminal offense set aside in Michigan.

Let us help you understand which situations qualify under current law, identify opportunities under new changes, prepare persuasive supporting materials, and ensure compliance with all filing and service requirements.

Most importantly, our experienced legal representation can significantly strengthen your presentation to the court. Let us help you provide a thorough explanation of why granting an expungement is what’s best for both you and the public.

Contact our Michigan Expungement Attorneys

Michigan recognizes an important reality: people can change. Thus, a past criminal conviction may be put behind you in the eyes of the law, employers, and many others.

If you’re ready to move forward in life by having your convictions set aside, turn to the attorneys at Gentry Nalley.

We can help you determine whether you qualify for relief and what steps may be available to protect your future.