An Experienced Royal Oak Attorney Will Assist in Your Record Expunged or Sealed.
A criminal record can wreak havoc on your life. After a criminal conviction in Southfield, you may be unable to find a job, have trouble getting into school, and there are likely going to be problems getting loans. If your job requires you to have a professional license, your conviction could preclude you from acquiring it. Those who wish to work in certain professions are not be able to do so with criminal records.
Indeed, a Michigan criminal record will follow you through your life for many years. The best way to resolve this problem is to have your criminal record expunged with help from experienced criminal defense attorney John Little. An expungement will allow you to remove harmful convictions from your record, allowing you to move on with your life. Attorney John Little will advocate aggressively on your behalf to ensure that your record is cleared and that you can move forward.
What is Expungement?
Expungement is a way to legally remove or set aside your criminal record. It commonly refers to both to sealing your record as well as removing it. However, these have two different results. Expungement typically means that your record will be removed from the public database while sealing it means that your record will be unavailable for viewing. The result is basically the same – prospective employers and others are not able to learn of a criminal conviction if it has been put aside. When a record is sealed, the public can not view records related to it without a court order. An expungement removes your record from viewing in criminal background checks that are often used when applying for a job, to a school, or for a professional license.
Eligibility for Expungement
You likely have many questions about expungement in Royal Oak and elsewhere. These questions can be answered by qualified Detroit attorney John Little, who has years of experience assisting area residents with expungement cases. In Michigan, you are allowed to have one conviction set aside or expunged. The conviction may be a felony or misdemeanor. Some convictions are not eligible for expungement. There are many complex criteria that apply to various criminal charges. Some of those ineligible include:
- Crimes where the maximum sentence is life in prison, even if you received a lesser sentence;
- Conviction of a sex crime;
- Conviction of traffic-related crime; and
- If you have more than two other minor convictions on your record.
Additionally, you must wait five years after your conviction before its records may be expunged. If you served a prison sentence, you must wait until five years after your release. Juveniles are eligible to have adjudications set aside if there are three or fewer juvenile offenses on their record. They must not have any felony convictions.
Getting an Expungement
An expungement must be granted by a judge. The expungement process involves completion and submission of the proper forms. There are many requirements for submitting the information, so it is best done with the help of Southfield attorney John Little. Attorney John Little will ensure that all supporting documentation is submitted along with the appropriate fee. A judge will then review the request and makes a determination about whether to grant the expungement. If the judge allows the expungement, an order will be made and your record will be removed.
After the Expungement
Once the expungement is ordered by the judge, your record will be set aside. All agencies will receive a copy of the order from the court, including the Department of Corrections and the Michigan State Police. It generally takes up to a month for agencies to receive your expungement order and remove all records. Michigan has an online system called ICHAT (Internet Criminal History Access Tool). You may want to check with ICHAT along with other agencies to ensure that your record has been properly removed.
Work with a Michigan Expungement Attorney
If you have a criminal record, you might want to consider seeking an expungement. An expungement will allow you and your family the freedom to live your lives without your legal past hanging over your head. To learn more about your eligibility for an expungement and to understand the process, contact the Royal Oak expungement legal team at the Law Office of John Little, PLLC at (248) 865-3455 for a free phone consultation.