Understanding Criminal Expungement in Michigan
In Michigan, “expungement” is the legal process of setting aside a criminal conviction. When a judge grants an order to set aside a conviction, the record becomes non-public. This means it will no longer appear on background checks run by employers, landlords, or schools.
While law enforcement and certain government agencies retain access to these records, the general public does not. Removing this barrier can open doors to better employment, housing opportunities, and the restoration of certain civil rights.
One of the most significant changes in Michigan law is the ability to expunge a first-time Operating While Intoxicated (OWI) conviction. Previously, DUI offenses were strictly ineligible for expungement. Now, individuals with a single OWI offense may petition the court to set it aside after a five-year waiting period.
The judge will review specific criteria, including whether you have sought rehabilitation or treatment, before granting this relief.
You may now apply to set aside up to three felonies and an unlimited number of misdemeanors, subject to certain conditions and waiting periods.
Multiple convictions arising from the same incident (committed within 24 hrs) may now be treated as a single felony or misdemeanor for expungement purposes.
Many traffic violations that were previously ineligible can now be expunged.
Experienced Legal Guidance Through the Expungement Process
We prepare the Application to Set Aside Conviction and file it with the appropriate court—whether in Livonia, Redford, or elsewhere in Metro Detroit.
The Attorney General or the local prosecutor may object to your application. We prepare legal arguments to counter these objections.
We stand by your side during the hearing, advocating to the judge that your behavior since the conviction warrants a fresh start.
Eligibility & Process
Eligibility depends on the type of crime, the number of convictions on your record, and how much time has passed since your sentencing or release from custody.
General Waiting Periods:
Judges have discretion when deciding whether to grant an expungement. They must determine that your circumstances and behavior warrant setting aside the conviction and that doing so is consistent with the public welfare.
Our attorneys appear regularly in courts throughout Oakland and Wayne counties. We understand what local judges look for in a successful petition and know how to present your rehabilitation effectively.
Hadd Law provides results-driven legal representation for individuals and businesses throughout Metro Detroit.