Cleaning Up Criminal Records: Expungement

From Reentry

Contents 1 Overview 2 Statutes 3 Court Forms 4 Self-Help Materials 5 Sample Pleadings 6 Out-of-State Convictions

Overview

You may ask the court to expunge your record if you only have one conviction (felony or misdemeanor). Federal convictions usually cannot be expunged, but they may be able to be pardoned.

Specifically, you may ask the court to expunge your record if:

1. You only have ONE conviction;

2. Your one conviction is NOT for:

a. An actual or attempted crime punishable by life in prison;

b. Actual or attempted criminal sexual conduct in the second degree (felony);

c. Actual or attempted criminal sexual conduct in the third degree (felony);

d. Actual or attempted assault with intent to commit criminal sexual conduct (felony); or

e. A traffic offense; and

3. More than 5 years have passed since your sentence was imposed or your prison term was completed, whichever is later.

Statutes

Michigan expungement statute for adults: MCL 780.621 et. seq.

Michigan expungement statute for juveniles: MCL 712A.18e

Federal Expungement for drug possession offense for persons under 21: 18 USC 3607

Federal offenses generally cannot be expunged. The only federal offenses which can be expunged are certain drug possession offenses for person under the age of 21.

Court Forms

MC 227: Application to Set Aside (Adult) Conviction

JC66: Application to Set Aside (Juvenile) Adjudication

Self-Help Materials

Is Your Criminal Record Holding You Back? Tips on How to Expunge Your Criminal Record(In Pro Per Packet)

Individuals with only one conviction which is at least five years old may be eligible to expunge their criminal record. This packet provides information on eligibility for expungement of Michigan convictions and includes the necessary court forms.

Presentation on Cleaning Up Your Criminal Record

Powerpoint presentation developed by Legal Aid of Western Michigan outlining how to get and clean up your criminal record.

Overview of Process to Expunge a Conviction or Remove an Arrest from One's Record

Powerpoint presentation developed by the Legal Aid and Defender Association on cleaning up criminal records.

Sample Pleadings

Brief on Standard for Expungements (Jane Doe)

A sample brief in support of a petition for expungement.

Brief in support of expunging a criminal sexual conduct 4 conviction

Sample brief.

Brief on Expungement of Adult Convictions When Client Also Has Juvenile Adjudications (John Doe)

A sample brief for expungement where a client has a single adult conviction and several juvenile adjudications.

Brief in Support of Expungement where Restitution Remains Owing

Prosecutors are likely to oppose and courts are reluctant to grant expungements where significant amounts of restitution are owing. If an applicant cannot pay off the restitution before seeking an expungement, it is recommended that the applicant enter into a payment agreement with the party to whom restitution is owed, and solicit support from that party for an expungement. This brief and attached payment agreement are an example of how that can be done.

Appeal Brief Where Expungement Denied Based on Nature of Conviction

Sets out argument that courts may not deny an expungement solely based on the nature of the underlying offense.

Response for Application for Leave to Appeal Expungement

Response to Prosecutor's request to appeal expungement, where the Court incorrectly granted expungement but Prosecutor failed to timely challenge the initial request for expungement.

Out-of-State Convictions

Expungement and Criminal Records: State Specific Resources

Contains links to expungement and criminal history information for most states.

Relief from the Collateral Consequences of a Criminal Conviction: A State-by-State Resource Guide

Provides legal citations and information regarding collateral consequences, expungement, and pardons for all 50 states.

Procedures for Clearing an Indiana Conviction

It is common for individuals in MI to have convictions from Indiana. This link provides information on expunging Indiana convictions.

Other pages in this section: Obtaining Criminal Records - Correcting Inaccurate Criminal Records - Removing Arrest Information That Did Not Result in Conviction - Deferrals and Dismissals for Specified Offenses - Pardons - Getting Damages for Inaccurate Records- Juvenile Records Return to section overview: Cleaning Up Criminal Records

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