News & Insights
Why We Believe The Expungement Laws Were Introduced And How they Can Positively Impact Lives!
Michigan has had an expungement statute since the mid-1960s. The statute was not well-known by the public and people with only one conviction labored under the stigma of years-old convictions, losing the opportunity for employment, or advancement in employment that they had been able to
secure.
The expungement statutes were gradually broadened but still were so restrictive in terms of qualification that few people actually were eligible to get their convictions expunged also known as “set aside.”
In April of 2021 new Expungement Statutes took effect expanding the types and numbers of criminal convictions that can be expunged by a court order.
Some crimes can automatically be expunged.
Those crimes which cannot be automatically expunged are discretionary with the judge. This is one of the reasons that individuals may want to consider hiring an attorney to assist with the expungement application although the entire process can be done without an attorney’s assistance.
After an order expunging or Setting Aside a Conviction is entered the Michigan State Police can still access the conviction record but most employers cannot. The waiting period to be eligible to file an Application to Set Aside a Conviction varies.
Here is a summary of the time periods:
Multiple Felonies = 7 years
One Felony = 5 years
One or more “Serious Misdemeanors” = 5 years
One or more “Non-Serious”, “Non-Assaultive” Misdemeanors = 3 years
Some of the “Serious Misdemeanors” that can be expunged are shown below; however, this is not a complete list:
- Assault and Battery, Including Domestic Violence
- Assault; infliction of serious or aggravated injury
- Breaking and entering or entering without breaking
- Fourth Degree Child Abuse
- Stalking
Managing Your Mental & Emotional Wellbeing When Buying and/or Selling A Property!
Purchasing a home or a piece of land to build on will be a memorable experience. Deciding to sell your home and move can also be a memorable experience.
How can you make buying or selling a property a good or great memory?
If you decide to use a realtor, choose one who has a good personal and professional reputation. Hire an attorney to help you, with or without using a realtor. Ask friends and co-workers for a recommendation and take the time to “interview” a potential realtor or attorney. We are fortunate in our area to have many qualified realtors and experienced real estate attorneys.
Buying or Selling Real Estate can be stressful but choosing the right team to help you can help your expectations be realistic from “day one.” Add the right mover to your team. It might even be Uncle John who has a truck and who has moved 3 other relatives. Do you need someone to clean your house or the home that you will be moving into? Ask friends and co-workers for a recommendation and take the time to interview the cleaning person. They are a great addition to your team.
Get help and tips from friends and relatives who have moved recently. “Been there, done that.” They can give you ideas about purging before you pack and labeling boxes so that they are easier to unload and locate in the correct room or storage facility. Take a look at online resources regarding how and what to pack or purge.
Relying on your hand-picked team and keeping your best friends as close as a phone call in case of an unexpected development can help reduce the stress that goes along with change, even a good change like a new home or piece of land to build on.
Disclaimer
This website is not intended to, nor does it constitute legal advice or the provision of legal services. By posting and/or maintaining this website and its contents, Carol MacKenzie, PLLC does not intend to solicit legal business from clients located in states or jurisdictions where Carol MacKenzie, PLLC or its individual attorneys are not licensed or authorized to practice law.