how to set aside felony michigan without a lawyer

The first step in the process is to complete an Application to Set Aside Conviction and have it notarized. The easiest way to do this is to use the Do-It-Yourself Expungement (Adult Conviction) tool. Then you will need to go to the court where you were convicted and get a certified record of conviction.

Full Answer

How do I get a felony conviction set aside in Michigan?

Michigan residents seeking to have a serious misdemeanor or felony conviction set aside can submit an application after five years. Individuals seeking to have more than one felony conviction set aside can submit an application after seven years. An “Application to Set Aside Conviction” (MC 227) in Michigan can be found online right here.

How long does a felony have to be set aside?

Questions about Setting Aside Adult Convictions Top Conviction Type Waiting Period One felony Five years Multiple felonies Seven years One or more serious misdemeanors (to lea ... Five years One or more non-serious, non-assaultive ... Three years

Can I set aside a criminal conviction?

For now, anyone who wants to set aside a conviction must file an application to do so. What if there is incorrect information on my criminal record? Sometimes there is incorrect information about your criminal history.

Can I get my Michigan marijuana conviction set aside?

Michigan residents who have been convicted of one or more misdemeanor marijuana offense can now apply to have the conviction set aside -- only if the offense would not be considered illegal if it were to have been committed after December 6, 2018, when recreational marijuana use became legal for adults in the state.

How can you set aside a felony in Michigan?

Procedure To Set Aside a Conviction Conviction set aside applications must be filed in the court where the conviction occurred. If applying for multiple set asides, within multiple courts, you must use a separate application for each court. Determine whether you are eligible to have your conviction set aside.

How long does it take to set aside a conviction in Michigan?

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.

What felonies Cannot be expunged in Michigan?

The following will not be eligible for automatic expungement: assaultive crimes, serious misdemeanors, "crimes of dishonesty" (such as forgery and counterfeiting), offenses punishable by 10 or more years in prison, and crimes that involve a minor, a vulnerable adult, human trafficking, injury or serious impairment, and ...

How do you get a felony removed in Michigan?

Michigan residents seeking to have a serious misdemeanor or felony conviction set aside can submit an application after five years. Individuals seeking to have more than one felony conviction set aside can submit an application after seven years.

How long before a convicted felon can own a gun in Michigan?

You cannot possess, use, transport, sell, or purchase a firearm or ammunition in Michigan until 5 years after you have done all of the following: You paid all of your fines. You served your imprisonment terms. You successfully completed your parole or probation.

Can you get a CPL in Michigan with a felony?

Michigan is a "shall issue" state for CPLs. Effectively, that means that people 21 and over can obtain a CPL as long as: They are not specifically prohibited from doing so: Felons convicted of certain violent crimes can be banned from obtaining CPLs and possessing pistols.

Does Michigan follow the 7 year rule?

Michigan Arrest Records and Michigan Criminal Records In most cases, criminal records that have been sealed or expunged won't show up on background checks. Arrests that are more than seven years old that didn't result in a conviction will also not come back on a background check, in accordance with the FCRA.

How much does it cost to get your record expunged in Michigan?

How to request expungement. Fill out an application and obtain a certified order of conviction from the court where you were convicted. You also need to get fingerprinted and purchase a $50 money order for Michigan State Police.

Can I clear my criminal record after 5 years?

You may apply for expungement if: - The offence was committed when you were under 18 years of age. - Five years have lapsed after the date of conviction in the case of a Schedule 1 offence.

What is Michigan's new expungement law?

'CLEAN SLATE' LEGISLATION Legislation passed and signed in 2021 makes set asides available for some first time operating while intoxicated convictions. This became effective in February 2022.

Do I qualify for expungement in Michigan?

Michigan Law has long provided that individuals convicted of most state criminal offenses could be expunged or set aside, under certain circumstances and if certain pre-conditions are met. Offenses that could not be expunged or set-aside included offenses like murder, criminal sexual conduct or any traffic offense.

How do you get a pardon in Michigan?

In Michigan, anyone with a misdemeanor or felony conviction can petition for a pardon. The governor makes the final call on whether you receive a pardon. But the Parole Board has an important role in recommending to the governor whose pardon applications to grant (even if you were never on parole for your crime).

The Benefits of a Clean Record Top

You may want to have a conviction set aside if you are looking for a new job or a professional license. 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.

Automatic Set Asides: No Applications Necessary Top

There will be a process for some convictions to be set aside without an application. That process will not be available until 2023. 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.

Am I Eligible to Set Aside a Conviction? Top

There are limits to setting aside a conviction, such as the number of convictions you have, the type of conviction, and when you were convicted. Read each section below to learn more.

The Number of Convictions Top

The new law changes the number of convictions people can have set aside. There is not a limit to the number of misdemeanors that you could have set aside in your lifetime. Up to three felonies can be set aside in your lifetime. Certain types of convictions have additional rules about the number of convictions that can be set aside.

The Type of Conviction Top

Certain types of convictions have additional rules about the number of convictions that can be set aside. Some types of convictions do not require a waiting period. The rules for each type of conviction are listed below.

The Waiting Period Top

There is a waiting period before you can file your application to set aside most convictions. The waiting period starts from whichever of the following happen last for the conviction you are trying to have set aside:

How to Set Aside Your Conviction Top

The first step in the process is to find out if you are eligible to have your conviction set aside. Use the Do-It-Yourself Expungement (Adult Conviction) tool to find out if you are eligble and to get your completed forms.

An Overview of the Set Aside (Expungement) Process Top

The first step in the process is to complete an Application to Set Aside Conviction and have it notarized. The easiest way to do this is to use the Do-It-Yourself Expungement (Adult Conviction) tool.

Get a Copy of Your Record Top

If you have questions about your record, use Michigan’s Internet Criminal History Access Tool (ICHAT) to get a copy of your criminal history. You can download it from ICHAT for $10. Your ICHAT record will have three segments: arrest, charge, and judicial.

Prepare for and Attend the Hearing Top

After your application is processed by the MSP, you will have to attend a hearing in the court where you were convicted. At the hearing, you will explain to a judge why your conviction should be set aside. It is helpful if you can testify that you haven’t been involved in criminal activity since your conviction.

What Happens to Your Records If the Judge Sets Aside Your Conviction Top

If the judge orders your conviction to be set aside, the court will send a copy of the Order On Application to Set Aside Conviction to the MSP. The MSP will keep a nonpublic copy of the order and other documents related to your conviction, like the arrest record, fingerprints, and sentence.

Restitution Top

Restitution is money that a defendant is ordered to pay the victim. Setting aside a conviction does not affect restitution. If you are still paying restitution, you may want to speak with a lawyer about whether you should wait to file your application until after you finish paying it.

Denied Applications Top

If you applied to set aside a conviction and you were denied, you may have a few different options.

Other Options Top

If you do not qualify to set aside your conviction or the judge did not order your conviction to be set aside, you can ask the governor for a pardon. For more information about this option, read the Michigan Department of Corrections’ Pardon After Probation, Parole, or Discharge Application webpage.

What happens if you set aside a conviction in Michigan?

If your conviction is set aside, the judge will complete and sign the Order on Application to Set Aside Conviction. You will be given a copy of the order. Ask if the court clerk will also send a copy to the local and Michigan State Police. If not, you should send a copy to these agencies. todo.

Where can I get my fingerprints taken in Michigan?

You may go to any local police station or Michigan State Police branch to have your fingerprints taken. You might have to pay a small fee for this. Make sure that your fingerprints are taken on the “RI-008” fingerprint card, and that the card is accurately completed.

What is expungement in criminal justice?

This is sometimes called an “expungement.” These instructions will guide you through the process of applying, attending your hearing, and ensuring that your record has been cleared.

Do you have to send a copy of your conviction record?

Other courts require you to send or take in the original and one copy of the application and one copy of your certified record of conviction. If you are mailing your application, you must also include a self-addressed stamped envelope.

When can you set aside a misdemeanor in Michigan?

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, 2018. This is the date that recreational marijuana became legal in Michigan.

How many misdemeanors can you set aside?

There is not a limit to the number 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.

How many assault convictions can you have in Michigan?

You can only set aside two convictions for assaultive crimes in your lifetime. It doesn’t matter if the convictions are felonies or misdemeanors. To learn more, read Setting Aside an Adult Conviction in Michigan. top.

What does it mean to set aside a conviction?

Setting aside a conviction (sometimes called getting an expungement) will remove a specific conviction from your public criminal record. If you get an order setting aside your conviction, you can legally state on any job or school application that you have never been convicted of or arrested for that crime.

How long can you be in jail for a 4th degree CSC?

A minor offense is an offense for which. The maximum term of imprisonment is not more than 90 days. The maximum fine is not more than $1,000, and.

How long do you have to wait to get a conviction for human trafficking?

Special rules allow you to set aside more than one of these convictions, and you don’t have to wait for five years.

Can a conviction be set aside?

Yes, certain convictions cannot be set aside. Convictions for the following offenses cannot be set aside: A violation, or an attempted violation, of engaging in child sexually abusive activity or producing, distributing, or possessing child sexually abusive material, MCL 750.145c.

When will the set aside and sealing of convictions be enacted?

The bills enacted in October 2020, described below, significantly expanded eligibility for petition-based set-aside and sealing of conviction records, effective April 2021, and an automated process for set-aside and sealing was authorized for a narrower range of convictions at the same time.

What is pardon in Michigan?

a pardon erases a conviction from an individual’s record. The Michigan Supreme Court has held that the effect of a pardon by the Governor is such that it “releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offense.” People v. Van Heck, 252 Mich.App. 207, 216; 651 N.W.2d 174, 179 (2002). A pardon is an extraordinary form of relief for someone convicted of a crime and is extremely rare.

What is a misdemeanor conviction?

A conviction that was deferred and dismissed under this authority, whether a misdemeanor or a felony, shall be considered a misdemeanor conviction for purposes of determining whether a person is eligible to have any conviction set aside. § 780.621 (2).

How many felonies are there in HB4984?

HB4984: expands petition-based eligibility to an unlimited number of misdemeanors and up to three felonies, provided that no more than two convictions for assaultive crimes may be set-aside in a person’s lifetime, and not more than one conviction for the same offense may be set-aside if the offense is punishable by more than 10 years in prison. Procedures for petitioning for relief and the effect of relief remain the same as under existing law.

How long is a felony certificate valid?

The Certificate is only valid for 4 years after issuance. Considering that nearly 80% of felony offenders since 1999 have been sentenced to community-based sanctions, the vast majority of those with a felony record will not be eligible for a Certificate. Also ineligible are those who are no longer incarcerated.

How long does a public hearing have to be held before a public hearing?

At least 30 days before conducting the public hearing, the Board must provide written notice of the public hearing by mail to the attorney general, the sentencing trial judge, and the prosecuting attorney, or their successors in office, and each victim who requests notice pursuant to the crime victim’s rights act.

What is a person who has been convicted and sentenced for a crime for which the penalty imposed is

A. Civil rights . A person who has been convicted and sentenced “for a crime for which the penalty imposed is confinement in jail or prison” is disqualified from voting “while confined.”. Mich. Comp. Laws § 168.758b. See also Mich. Const. art. 2, § 2. Disqualification while confined also applies to misdemeanants.

How long does it take to get a felony set aside in Michigan?

Michigan residents seeking to have a serious misdemeanor or felony conviction set aside can submit an application after five years. Individuals seeking to have more than one felony conviction set aside can submit an application after seven years.

When will Michigan expungement take effect?

However, the state says that an automatic expungement process will likely not take effect until the year 2023.

When is marijuana legal in Michigan?

Michigan residents who have been convicted of one or more misdemeanor marijuana offense can now apply to have the conviction set aside -- only if the offense would not be considered illegal if it were to have been committed after December 6, 2018 , when recreational marijuana use became legal for adults in the state.

When does Michigan clean slate go into effect?

Michigan’s new “Clean Slate” legislation, signed into law last fall, went into effect on Sunday, April 11, providing opportunities for some residents to apply to have their criminal record expunged.