UPDATED: Criminal Expungement or Set Aside – What Is It?
A criminal expungement or set aside is an action created by statute that can be used as many times as necessary SO LONG as the individual still meets the requirements of the Statute. The expungement law here in the State of Michigan is found with MCL 780.621 through 780.624, and MCL 712A.18e.
A criminal expungement or set aside can be one of two types: for adult convictions and another for juvenile adjudications.
In order to initially quality for an adult criminal expungement or set aside, the conviction (or release from incarceration) must have been at least 5 years ago; the crime cannot have been a crime that cases with it a possibility for life in prison; and the crime cannot have been a Criminal Sexual Conduct Crime in the 1st, 2nd, or 3rd Degree(s). Moreover, an individual must have only one felony conviction, two misdemeanors, or two minor misdemeanor convictions looking to be expunged or removed from his or her criminal record. UPDATE: There was a change in the criminal expungement statute in January 2015 that expanded the availability of applying for a criminal expungement. This means that if you believe you qualify for a criminal expungement contact Josh Jones today for your free consultation.
Furthermore, traffic offenses that amount to criminal sanctions do not qualify for a criminal expungement or set aside and will count against the individual when he or she is looking to have his or her record expunged. This means, for example, that an individual with a drunk driving on his or her record while also carrying, lets say, a retail fraud conviction on his or her record will be unable to the criminal expungement or set aside statute.
Expunging a Juvenile Adjudication is similar to the Adult Expungement process; however, the individual is not technically restricted to the 5-year rule. But instead, the individual can move for a criminal expungement or set aside when he or she is 24 years old or 5-years after the conviction or release from detention. It must be noted, and it is essential to understand that the judge and the court have the final determination and discretion to grant or deny the application to expunge or set aside the prior conviction.
It is important to know what can be done with the law, especially when it can affect your future and your life. A criminal expungement or set aside can allow for you to have a completely clean start when it comes to your criminal record. Contact Josh Jones today to move forward with a criminal expungement or set aside and clear your record today.
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