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Setting aside a conviction is the process that clears your public criminal record. This article gives an overview of setting aside an adult conviction. To learn more about setting aside a juvenile adjudication, read Setting Aside a Juvenile Adjudication. A new set of expungement laws were passed in Most of these laws will go into effect on April 11, These new laws increase the of convictions people can have and still be eligible to set aside one or more convictions.
You may want to have a conviction set aside if you are looking for a new job or a professional .
Many employers and licensing boards will hold a conviction against you or use it to disqualify you. 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 nonpublic record of a conviction that has been set aside. Some employers, such as those in law enforcement, may still be able to see convictions that have been set aside. The Michigan laws that allow people to set aside convictions only apply to Michigan convictions.
You cannot use the application process described in this article to set aside federal or out of state convictions. If you have federal or out of state convictions, the FBI background check will likely find them. This information will be shared with the MSP, and they will then share it with the judge.
Out of state Adult wants real sex Gladwin Michigan 48624 could impact your Michigan expungement application. If you have out of state convictions, you may want to speak with a lawyer before you file your application. If you have low income, you may qualify for free legal services. Whether you have low income or not, you can use the Guide to Legal Help to find lawyers in your area. There will be a process for some convictions to be set aside without an application. We will update our materials when the process is available. For now, anyone who wants to set aside a conviction must file an application to do so.
There are limits to setting aside a conviction, such as the of convictions you have, the type of conviction, and when you were convicted. If you qualify, the tool will help you fill out the application. In most situations, you will have to go to court and a judge will decide whether to set aside your conviction. It is not automatic. The new law changes the of convictions people can have set aside.
There is not a limit to the of misdemeanors that you could have set aside in your lifetime. Up to three felonies can be set aside in your lifetime. If you have more than three felony convictions, you may not be eligible to set aside any convictions. However, in some limited situations, multiple convictions to be counted as one. There are misdemeanor and felony convictions that cannot be set aside regardless of the total of convictions you have. You can only set aside two convictions for assaultive crimes in your lifetime. You cannot have more than one felony conviction for the same offense set aside if the possible punishment for that offense is more than 10 years in prison.
This does not mean that you had to have been sentenced to 10 years in prison. It only means that the conviction carries a possible sentence of over 10 years. You cannot set aside more than two convictions for assaultive crimes. In general, assaultive crimes are crimes that involve physically hurting another person. An assaultive crime includes any of the following:. Sometimes a judge may defer delay entering an order of guilt while putting a defendant on probation.
The judge may say that if the defendant successfully completes probation, the conviction will be dismissed. If you have any convictions that were deferred and dismissed, they will count as misdemeanor convictions when determining if you are eligible to set aside a conviction. This is also true if the deferred or dismissed conviction was a felony. You must list these in your application. It can be difficult to find exact information about these convictions since they should not be part of your public criminal record.
You must contact the convicting court to get information about this type of conviction for your application. Because this information is not public, court staff can only give you this information. You will likely need to prove your identity. A photo ID should work, but you can ask the court clerk about this when you call. Most misdemeanors have a maximum jail or prison sentence of one year or less. However, some misdemeanors allow for imprisonment for more than one year. If one of your convictions is a high misdemeanor, you may want to speak with a criminal lawyer who has experience handling these types of cases before you file your application.
Use the Guide to Legal Help to find lawyers in your area.
If you are not sure about what your conviction was for, get a copy of your record. If you know the Adult wants real sex Gladwin Michigan 48624 you were convicted of but not the possible sentence, try looking up the statute. Certain convictions cannot be set aside.
Convictions for the following offenses cannot be set aside:. In some limited situations you can ask the judge to count multiple convictions as one. To be eligible for this, the convictions must have resulted from the same set of actions within a hour period. None of the convictions can be for:. For example, if you have four total felony convictions, but two of them qualify under the one bad night rule, you may still be eligible to set aside your convictions because your total felony convictions will be counted as three instead of four.
If you are not sure whether your convictions qualify for the one bad night rule, you may want to speak with a lawyer before you file your application. The new law allows for someone to set aside certain traffic convictions. Not all traffic convictions can be set aside. The following convictions cannot be set aside:. If a judge s an order setting aside a conviction for a traffic offense, it will not affect your driving record. Someone who has misdemeanor marijuana convictions may be eligible to set them aside without a waiting period.
Convictions may be set aside if the offense would not have been a crime on or after December 6, This is the date that recreational marijuana became legal in Michigan. The judge will assume that violations of the following misdemeanor marijuana laws would not have been crimes on or after December 6,and can be set aside:.
This presumption can be rebutted disproved if the prosecutor proves that the activity would have been a crime if committed on or after December 6, The prosecutor would do this by filing an answer to the application. The burden of proof for the prosecutor in these cases is a preponderance of the evidence. The prosecutor has 60 days from the service date of the application to file their answer and serve a copy on all parties.
If the prosecutor does not file an answer within 60 days, the convicting court must enter an order to set aside the convictions within 21 days without having a hearing on the application.
The court will serve a copy of the order on all the parties. If the prosecutor does file an answer, the convicting court must schedule a hearing within 30 days of receiving the answer.
The court must serve a notice of hearing on you, the applicant. At the hearing, the prosecutor must prove by a preponderance of the evidence that the conduct that led to the convictions would have been a crime on or after December 6, You are not required to present evidence that your conviction was based upon conduct that would not constitute a crime.
However, it could sometimes be helpful to present evidence. The rules of evidence do not apply to this type of hearing.Adult wants real sex Gladwin Michigan 48624
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