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IS YOUR CRIMINAL RECORD HOLDING YOU BACK?
Tips on how to expunge your criminal record
Prepared in June 2003
This publication is not intended to replace the advice of an
attorney.
Because laws and procedures on expungement can change, and because every
individual's situation is different, we cannot ensure that the information in
this article is current, nor be responsible for any use to which this
information is put.
What is an Expungement?
Expunging your criminal record means that your prior conviction is set aside. If
you have a conviction expunged, you are considered not to have been convicted
for most purposes. For example, you can honestly tell potential employers
that you have a clean criminal record.
Your conviction can only be used for very limited purposes, such as increasing
your sentence if you are convicted of a new offense. An expunged conviction is
not supposed to appear on your rap sheet. (If it does, contact an attorney.)
Getting your criminal record expunged can make it much easier for you to get a
job, housing, or credit. Many employers won't hire you if you have a criminal
record. Many
landlords won't rent to you. And a criminal record may prevent you from getting
subsidized housing or public benefits. If you have a criminal record, you
probably already know how much harder it makes many things in life. If you can
get your record expunged, the law treats you – in
most cases – as if you had never been convicted.
How Do I Know if I Can Get an Expungement?
Both adult convictions and juvenile adjudications can be expunged. However, not
everyone can get their criminal record expunged. To be eligible for an
expungement, you must meet very specific criteria.
To see if you are eligible to expunge a conviction or juvenile adjudication in
the state of Michigan, take the test below. If the answer to all of the
questions is no, you may be eligible for an expungement. If you have convictions
in another state, or if you have a federal conviction,
different rules will apply. If, after taking the test, you are unsure whether
you can get an expungement, you should consult an attorney.
1. Do you have more than one adult criminal conviction or more than one juvenile
adjudication?
Yes: You cannot get your criminal record expunged. It does not matter if only
one of the crimes is a felony. Even if only one of the crimes is serious, you
cannot get an expungement. Even if you just have two misdemeanor convictions,
you cannot get them expunged.
No: You may be able to get your record expunged. Go on to question 2.
Notes: Sometimes people have more than one conviction or adjudication in the
same case. For example, if the cops arrested you for driving on a suspended
license and then found pot in your car, you could have convictions both for
driving on a suspended license and for possession.
Even though you only got arrested once, and only went to court for that one
case, if you were convicted on both the suspended license and the possession
charges, you have two convictions.
Therefore, you cannot get an expungement. Before you file for an expungement,
get a copy of your criminal record and check it carefully to make sure there is
only one conviction.
If you have one adult conviction and one juvenile adjudication, you should
consult an attorney. If you have questions about how many
convictions/adjudications you have, get a copy
of your criminal record and show it to an attorney.
2. Were you convicted of a felony or an attempt to commit a felony that is
punishable by life imprisonment?
Yes: You cannot get your criminal record expunged.
No: You may be able to get your record expunged. Go on to question 3.
Notes: It does not matter whether or not you were sentenced to life
imprisonment. The question is whether you were convicted of an offense for which
you could have gotten a life sentence. For example, if you received a ten-year
sentence, but you could have gotten a life sentence, you cannot get an
expungement. If you were adjudicated as a juvenile, the question is whether your
crime was one that, if committed by an adult, would carry a maximum life
sentence. Even if you were tried as a juvenile, if you could have gotten a life
sentence if you had been tried as an adult, then you cannot get your juvenile
record expunged. If you do not know what the maximum sentence was for your
crime, consult an attorney.
3. Were you convicted of felony criminal sexual conduct (first, second, or third
degree), or assault with intent to commit criminal sexual conduct?
Yes: You cannot get your criminal record expunged.
No: You may be able to get your record expunged. Go on to question 4.
Notes: You may be eligible for an expungement if you were convicted of
misdemeanor criminal sexual conduct. If you have a juvenile record for criminal
sexual conduct, consult an attorney.
4. Were you convicted of or adjudicated for a traffic offense, or a non-traffic
offense reportable to the Secretary of State?
Yes: You cannot get your criminal record expunged.
No: You may be able to get your record expunged. Go on to question 5.
Notes: In general, "traffic offenses" involve the operation of a motor
vehicle and are contained within a special section of the law called the Motor
Vehicle Code. If you are unsure whether your conviction is for a "traffic
offense," consult an attorney.
5. Has it been less than five years since the date of your conviction or
adjudication?
Yes: You cannot get your criminal record expunged now. You must wait until five
years have passed from the date of your conviction or from the date of your
juvenile adjudication. You may be able to get an expungement once the five years
are up.
No: You may be able to get your record expunged. Go on to question 6.
6. If you were imprisoned, has it been less than five years since you were
released?
Yes: You cannot get your criminal record expunged now. You must wait until five
years have passed from the date of your release from prison or jail. You may be
able to get an expungement once the five years are up.
No: You may be able to get your record expunged. Go on to question 7.
7. If you are applying to set aside a juvenile adjudication, are you under 24?
Yes: You cannot get your juvenile adjudication expunged now. You must wait until
you are at least 24 to apply for an expungement.
No: You may be able to get your record expunged. See the instructions below on
how to expunge you record.
******
If you answered no to all of the questions in the test above, you should try to
get an expungement.
How Do I Get an Expungement?
In order to apply for an expungement, you must file a motion with the court in
which you were convicted, or in which you were adjudicated as a juvenile. This
may mean that you go back in front of the judge who sentenced you. Sometimes,
however, cases are transferred to a
different judge. You can find out what judge is assigned to your case by calling
the clerk of the court in which you were convicted or adjudicated.
To file your expungement, you can either use an attorney, or you can file on
your own.
Finding an Attorney
If you have questions about filing an expungement, or if you want help in the
process, you should contact an attorney. If you can afford an attorney, hire one
who has experience handling expungement cases.
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