QUESTION

What does it mean to get your record cleared by statute in Michigan?

Asked on Jun 23rd, 2011 on Criminal Law - Michigan
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In Michigan it's said that you will have to get the state legislature to create the right to have your record cleared by statute. What does this entail and mean? If you're not rich do you have any chance of this happening? Thanks.
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6 ANSWERS

Criminal Law Attorney serving Howell, MI at Law Offices of Jules N. Fiani
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It means to get the offense removed from your record.
Answered on Jul 07th, 2011 at 9:19 AM

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Appellate Practice Attorney serving Clinton Township, MI at Thomas J. Tomko, Attorney at Law
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The only recognized method for expungement in Michigan is for a single offense. If you have no other offenses on your record (and it is not an excluded offense), then 5 years after the conviction there is a method for obtaining an expungement. If you do not qualify, then it would be up to the legislature to pass new laws or change the old ones to get anything different.
Answered on Jun 28th, 2011 at 12:21 PM

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Family Attorney serving Traverse City, MI at Craig W. Elhart, PC
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There is a statute in Michigan that allows a person convicted of only one crime, must be a non-life offense, to petition the court to remove the conviction from his/her record. The petition cannot be filed prior to 5 years post conviction and the decision to grant is within the discretion of the court. If granted, the conviction would be removed from the person's public record.
Answered on Jun 28th, 2011 at 12:21 PM

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Michael J. Breczinski
There is an expungment statute in Michigan. if you have only one conviction. It is not for a life offense or traffic offense. Five years have passed and the judge agrees, then you can get your conviction expunged.
Answered on Jun 28th, 2011 at 10:10 AM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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If you have one conviction ever, and it is a certain kind, you can move to get it set aside after 5 years.
Answered on Jun 28th, 2011 at 10:10 AM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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I'm not sure what you mean by "getting your record cleared by statute." Are you referring to an expungement getting a criminal conviction erased from your public record? If that is the case then you are eligible as long as you have no more than one conviction of any kind on your record (felonies and misdemeanors) and that one conviction cannot be a charge that had a potential life sentence or a CSC crime in the 1st, 2nd, or 3rd degree. You can fill out the paperwork and do the expungement yourself or you can hire an attorney. If you do it yourself, expect about $200 to $300 or so in out-of-pocket expenses for filing fees, fingerprint fees, getting copies of your record, etc. If you hire a lawyer to do all the work for you, expect anywhere from $1,000 to $2,000 for their services.
Answered on Jun 28th, 2011 at 10:00 AM

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