Michigan Petition for Expungement of Record in Case of Acquittal and Release without Conviction

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US-02243BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

For most felonies, state gun rights are restored automatically following the expiration of 3 years after all of the following: paid all fines. served all terms of imprisonment. successfully completed all terms of probation or parole imposed for the violation.

Not eligible for automatic expungement are assaultive crimes, serious misdemeanors, "crimes of dishonesty" (such as forgery and counterfeiting), offenses punishable by 10 or more years in prison and crimes that involve a minor, a vulnerable adult, injury or serious impairment, death or human trafficking.

You may want to have a conviction set aside if you are looking for a new job or a professional license. If your conviction is set aside, most employers will not be able to see it with a background check. The Michigan State Police will still keep a non-public record of a conviction that has been set aside.

People often ask whether they have a criminal record if the prosecution was terminated with a ?nolle prosequi.? The short answer is that the ?nolle prosequi? is a public record that might appear in a background check.

Expunging your criminal record may also allow you to restore your gun rights under Michigan Law and Federal Law. At this time, restoring your Gun Rights in Michigan does not guarantee your rights are restored as far as the Federal Laws are concerned.

Under federal law, people are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony or some domestic violence misdemeanors, or if they are subject to certain court orders related to domestic violence or a serious mental condition.

When you have your record expunged, the court can restore your right to bear arms.

Clean Slate law took effect in April 2023, with an automated system for expunging eligible convictions. Up to 2 felony convictions may be automatically expunged 10 years after sentencing or the person's release from custody, whichever comes later.

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Michigan Petition for Expungement of Record in Case of Acquittal and Release without Conviction