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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.