Arrest With No Conviction In Michigan
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FAQ
Being charged with a crime does not necessarily mean that you have been found guilty or convicted of the offense; it simply means that there is enough evidence for the government to pursue legal action against you.
Who Qualifies for Expungement? Your felony conviction involved an offense punishable by life imprisonment. Your felony conviction was for domestic violence, and you have a previous misdemeanor domestic violence conviction on your record. You were convicted of any human trafficking offense.
Conviction-based Up to three felonies and an unlimited number of misdemeanors, with certain conditions on the types of offenses that qualify: No more than two assaultive crimes may be expunged. No more than one felony conviction for the same offense if the offense is punishable by more than 10 years imprisonment.
A quick definition of clean-slate rule: Clean-Slate Rule: In criminal cases, if a person is found guilty and then appeals their conviction and wins, they can be retried without violating the double-jeopardy rule. This means that they start with a clean slate and can be tried again for the same crime.
Conviction-based Up to three felonies and an unlimited number of misdemeanors, with certain conditions on the types of offenses that qualify: No more than two assaultive crimes may be expunged. No more than one felony conviction for the same offense if the offense is punishable by more than 10 years imprisonment.
Effective February 1, 2006, Michigan law regarding criminal records has changed. Now the general public may receive information on arrest records that do not have a conviction attached. You still will not receive information about warrants, suppressed records, federal records, or criminal records from other states.
The Michigan clean slate law provides for the following offenses to be automatically set aside once the corresponding period has elapsed: Misdemeanors with a sentence up to 92 days – Seven years.
Once the five-year wait is over, you can begin the process for applying for expungement, which in Michigan is called setting aside your criminal record.
You are allowed to pursue your case “pro se,” meaning without an attorney. The court might provide the forms you need to file the petition. However, the process of expunging a criminal record can be challenging. You could lose your case if you don't follow the appropriate steps or complete the paperwork correctly.
