Detroit, MI asked in Criminal Law for Michigan

Q: How do I get my felony expunged?

A few years ago, I was convicted of assault. I did not commit the crime and there was no evidence to prove that I did it. My state-appointed lawyer threw out the hearing where the prosecution had to present the evidence against me. Therefore, it went to trial and it became a she said he said. I was convicted and sentenced to 1 year in prison

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1 Lawyer Answer

Jasmine D. Rippy

Answered
  • Criminal Law Lawyer
  • Eastpointe, MI
  • Licensed in Michigan

A: To be eligible for an expungement in Michigan, you can only have one felony on your record and no more than 2 misdemeanors. Also, it must be at least 5 years since you completed your sentence. The expungement process entails completing an “application to set aside conviction” and filing it with the court where you were convicted of assault. In addition, you must send a copy of the application and a certified record of your assault conviction to the Attorney General, prosecutor and Michigan State Police. You must also get fingerprinted and send your fingerprint card with a $50 fee to the Michigan State Police. If the Attorney General and prosecutor don’t object to your expungement, you will have a hearing in front of the judge who will ultimately decide whether your expungement will be granted or denied. Because the expungement process is very technical, it would be helpful to seek assistance from a criminal attorney that handles expungements.

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