GRAND RAPIDS MICHIGAN EXPUNGEMENT ATTORNEY | EXPUNGEMENT LAWYER
MICHIGAN CRIMINAL RECORD EXPUNGEMENT- GENERALLY
When you need to have your criminal record expunged in the Grand Rapids area, it is important to have the representation of a good criminal defense lawyer that is familiar with expungement. Krupp Law Offices P.C. has been providing quality criminal defense for over 85 years. If you need to have your record expunged, call the criminal defense attorneys at Krupp Law Offices for a free phone consultation. During your phone consultation, our attorneys will provide you with immediate answers to your questions and schedule an appointment with one of our criminal defense attorneys.
CALL FOR A FREE PHONE CONSULTATION AT 616-459-6636.
Expungement has the effect of setting aside a criminal conviction, which permits the person to honestly tell potential employers and others that he or she has not been convicted of a crime. The police do maintain a record of conviction for the purpose of subsequent criminal acts, if any, if you are convicted (a non-public record).
In order to qualify for an expungement you need the following:
- The conviction has to be more than 5 years old.
- The crime has to be punishable by more than 1 year in jail (you don’t have to serve a year).
- You can have no other criminal convictions.
It typically takes about 5 weeks to complete an expungement from start to finish and it requires one court appearance. Typically the cost is under 1,500.00 dollars including filing fees and other costs. If you qualify or you are unsure if you qualify, please call us to discuss the situation for free. We can answer all of your questions.
Krupp Law Offices P.C.is located in downtown Grand Rapids, Michigan and has the right criminal defense attorney for you. We represent clients in all criminal matters throughout West Michigan, including the cities of Grand Rapids, Holland, and Grand Haven, and the counties of Kent, Ottawa, Allegan, Barry, Newaygo, Montcalm, Muskegon, and Ionia.
Call for a free phone consulation. Our office can help.
161 Ottawa NW Suite 404
Grand Rapids MI 49503
MICHIGAN EXPUNGEMENT STATUTE
MCLA 780.621 Application for order setting aside conviction; setting aside of certain convictions prohibited; time and contents of application; submitting application and fingerprints to department of state police; report; application fee; contest of application by attorney general or prosecuting attorney; notice to victim; affidavits and proofs; court order; definitions.
(1) Except as provided in subsection (2), a person who is convicted of not more than 1 offense may file an application with the convicting court for the entry of an order setting aside the conviction.
(2) A person shall not apply to have set aside, and a judge shall not set aside, a conviction for a felony for which the maximum punishment is life imprisonment or an attempt to commit a felony for which the maximum punishment is life imprisonment, a conviction for a violation or attempted violation of section 520c, 520d, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.520c, 750.520d, and 750.520g, or a conviction for a traffic offense.
(3) An application shall not be filed until at least 5 years following imposition of the sentence for the conviction that the applicant seeks to set aside or 5 years following completion of any term of imprisonment for that conviction, whichever occurs later.
(4) The application is invalid unless it contains the following information and is signed under oath by the person whose conviction is to be set aside:
(a) The full name and current address of the applicant.
(b) A certified record of the conviction that is to be set aside.
(c) A statement that the applicant has not been convicted of an offense other than the one sought to be set aside as a result of this application.
(d) A statement as to whether the applicant has previously filed an application to set aside this or any other conviction and, if so, the disposition of the application.
(e) A statement as to whether the applicant has any other criminal charge pending against him or her in any court in the United States or in any other country.
(f) A consent to the use of the nonpublic record created under section 3 to the extent authorized by section 3.
(5) The applicant shall submit a copy of the application and 2 complete sets of fingerprints to the department of state police. The department of state police shall compare those fingerprints with the records of the department, including the nonpublic record created under section 3, and shall forward a complete set of fingerprints to the federal bureau of investigation for a comparison with the records available to that agency. The department of state police shall report to the court in which the application is filed the information contained in the department's records with respect to any pending charges against the applicant, any record of conviction of the applicant, and the setting aside of any conviction of the applicant and shall report to the court any similar information obtained from the federal bureau of investigation. The court shall not act upon the application until the department of state police reports the information required by this subsection to the court.
(6) The copy of the application submitted to the department of state police under subsection (5) shall be accompanied by a fee of $50.00 payable to the state of Michigan which shall be used by the department of state police to defray the expenses incurred in processing the application.
(7) A copy of the application shall be served upon the attorney general and upon the office of the prosecuting attorney who prosecuted the crime, and an opportunity shall be given to the attorney general and to the prosecuting attorney to contest the application. If the conviction was for an assaultive crime or a serious misdemeanor, the prosecuting attorney shall notify the victim of the assaultive crime or serious misdemeanor of the application pursuant to section 22a or 77a of the crime victim's rights act, 1985 PA 87, MCL 780.772a and 780.827a. The notice shall be by first-class mail to the victim's last known address. The victim has the right to appear at any proceeding under this act concerning that conviction and to make a written or oral statement.
(8) Upon the hearing of the application the court may require the filing of affidavits and the taking of proofs as it considers proper.
(9) If the court determines that the circumstances and behavior of the applicant from the date of the applicant's conviction to the filing of the application warrant setting aside the conviction and that setting aside the conviction is consistent with the public welfare, the court may enter an order setting aside the conviction. The setting aside of a conviction under this act is a privilege and conditional and is not a right.
(10) As used in this section:
(a) “Assaultive crime” means that term as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a.
(b) “Serious misdemeanor” means that term as defined in section 61 of the crime victim's rights act, 1985 PA 87, MCL 780.811.
(c) “Victim” means that term as defined in section 2 of the crime victim's rights act, 1985 PA 87, MCL 780.752.
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