Law Blog

New Expungement Bill Signed

In a rare move by the Michigan Legislature and Governor Snyder, a bill was signed into law today that actually makes like a bit easier for those with a criminal record.  The new bill makes it possible for a person with 2 misdemeanors OR 1 NON-VIOLENT felony to have the convictions removed from their record.

Under the new law, once 5 years from the date of sentencing have passed (or 5 years after any release from incarceration, whichever is later) a person may begin the process for an expungement.  If your criminal record consists of 2 misdemeanors and 1 felony, you can now petition to have the felony expunged.  Further, if a person has 2 misdemeanors on their record, they may now petition to have 1 or both convictions set aside.  The new law also allows for an expungement even for an assaultive crime, which was not permitted before.  It requires that the prosecution notify the victim and that he/she be allowed to be present and speak at the expungement hearing.  There are, of course, certain exceptions for crimes that will not be expunged.  These include convictions involving Criminal Sexual Conduct (though not CSC 4, depending on the circumstances), major drug crimes, human trafficking, and any crimes where the punishment is up to life in prison. 

Everyone knows that having a clean criminal record is key to gaining employment, entering higher education, and even a basic sense of dignity.  If you, a family member, or friend believes they may be eligible for an expungement, contact the attorneys at Nessel and Kessel Law today.

 

Here is a link to a story in the Free Press as well as a link to the new bill.

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