Is a criminal conviction on your record holding you back? Making it difficult to find work or obtain housing? You may be able to have such a conviction set aside, or expunged, thus removing it from your public record and making it easier to move forward with your life. Even though the conviction is removed from your public record, the court system and law enforcement will always have access to that information and can only be used for limited purposes, such as sentence enhancing. First we will discuss who is eligible for an expungement and then how the process works.

Who is Eligible to Have a Conviction Set Aside?

You can only have one conviction on your record, either a felony or misdemeanor. Since felonies tend to do the most harm, most people applying to have convictions set aside are for felonies, however you can apply to have a misdemeanor conviction set aside if that is the only conviction you have. A recent amendment allows in limited circumstances an expungement for someone with more than one conviction. If you were convicted of two minor misdemeanors (maximum penalty of up to 90 days in jail and/or $1,000 in fines) before the age of 21, you can apply to have a more serious misdemeanor or felony set aside. That is really the only exception to the one conviction only criteria. However, not every conviction can be set aside.

What Crimes Cannot be Set Aside?

· Any crime or attempted crime that has a potential life sentence

· Criminal Sexual Conduct (CSC) in the first, second, or third degree (CSC in the fourth degree can be set aside)

· Assault with Intent to Commit CSC

· Traffic Offenses (DUI, OWI, Impaired Driving, Reckless Driving, Drag Racing, etc.)

When Can You Apply to Have a Conviction Set Aside?

The timetable for applying is either five years since the date the sentence was imposed or five years since the date your incarceration was completed. If you are applying to set aside a juvenile adjudication, you have to wait until you are 24 years old.

What are the Procedures to Set Aside a Conviction?

This is the part where it can get a little burdensome as it requires a lot of paperwork. These are the things you will need to obtain to file with your application.

1.   Two sets of fingerprints on an RI-8 card. These can be taken at your local police station. Only one set is necessary for a juvenile adjudication.

2.   A Certified Copy of your Judgment of Sentence (for adult convictions) or Order of Disposition (for juvenile adjudications). These can be obtained from the Court where you were convicted.

3.   A check or money order made out to the Michigan State Police for the appropriate fee. Currently, the fee is $50 for adult convictions and $30 for juvenile adjudications but they are subject to change. Contact the MSP Records Division at (517) 322-5531 for the current fee. If you receive public assistance, contact your caseworker to see if funds are available to help cover the cost of your expungement.

The next step is to fill out the application completely and then sign and date it infront of a  notary public. Most banks have notaries for no charge if you have an account there. Once that is done, make five copies of the signed application.

Deliver the original along with the five copies to the clerk of the court where you were convicted. Along with the application include the certified copy of either your Judgment of Sentence or Order of Disposition. The clerk will fill in the Notice of Hearing section on the application with a date and hand you back five copies.

Now it's time to distribute those copies. Here's how you do it:

1.   Michigan State Police-- mail them a copy of the application, a copy of your judgment or adjudication, the application fee, and the fingerprint cards.

2.   Michigan Attorney General-- Mail them a copy of the application along with a copy of your judgment or adjudication.

3.   County Prosecutor-- Mail them a copy of the application along with a copy of your judgment or adjudication.

You should now be down to two copies of your application Now you need to fill out the Proof of Service portion on the application and send a copy to the Court where you filed your application to tell the court that you have mailed the requisite copies to everyone you needed to. Keep of copy of the completed application and of your judgment or adjudication for your own records.

Before your Court date, fill out the Draft Order using the information from your judgment or adjudication and make some copies to bring with you to Court. When the judge grants your application, this Order is already prepared so all the judge has to do now is sign and date it. You need to make sure that the county prosecutor and the Attorney General receive copies of the signed order. The Court should see that the MSP Records Division gets a copy but it's always good to check up a little while after the hearing just to make sure.

What Happens at the Hearing

Representatives of the Attorney General's Office and the county prosecutor’s office will be there and if the conviction you are attempting to set aside was a violent or assaultive crime, the victim may be there and can be heard by the court. Either the AG or prosecutor can object to your application and they will tell the judge why. Although it's not actually required, it's a good idea to bring evidence of your educational achievements, vocational success, or substance abuse treatment, and community involvement. It is also good to bring professional and social letters of reference and good character to demonstrate rehabilitation to the judge. You can even bring some character witnesses with you although many judges don't allow for such testimony.

Do I Need to Hire an Attorney?

While it is not required to have an attorney represent you, it is not a bad idea. Particularly if you are unsure whether or not you qualify and if the prosecutor or AG gives indication that they object to your application, then you should definitely hire an attorney. Also, the process is quite tedious and can become quite burdensome so many people find it best to hire an attorney because it eliminates a lot of the stress and eases their minds that's it's being done correctly.