Michigan Domestic Violence Lawyer Explains the Ins & Outs of Expunging a Domestic Violence Conviction in Michigan...
As a Michigan Domestic Violence Attorney, I spend most of my time fighting for my clients who are currently facing Domestic Violence charges. (I want to note quickly that a Michigan Domestic Violence charge is also sometimes called a Michigan Domestic Assault charge. ) But what about those of you who already have a Domestic Violence conviction on your record (rather than just a Domestic Violence charge) either because you plead guilty to a Domestic Violence charge or were found guilty after Trial? Well, we haven't forgotten about you, either! Here is how Prain Law, PLLC, your Domestic Violence Lawyer, can helpget your Michigan Domestic Violence charge epunged...
There are certain Michigan criminal convictions that cannot be expunged, but luckily Domestic Violence is not one of them. You can expunge a Michigan Domestic Violenceconviction if you meet all of the requirements. But first, let's make sure you understand what an "expungement" does. In reality, what people call "expungement" is actually called "setting aside" the Domestic Violence conviction, and the written document filed is called an Application to Set Aside the Domestic Violence Conviction." If you are successful, the expungement makes the record of the Domestic Violence conviction non-public. There will always be a private record with the State Police and on the Law Enforcement Information Network ("LEIN"). Therefore, if you already received the Domestic Violence Deferral under MCL 769.4a in your case, you've already achieved everything that an expungement can do.
To qualify, the all of the following must be true in your Domestic Violence case:
- Your Domestic Violence conviction must be the only criminal conviction that you've ever had, with the following exception: you can have up to 1 other misdemeanor conviction, whether it be another Domestic Violence or something else.
- 5 years must have passed since the date on which you were sentenced on your Domestic Violence conviction or if you served any Jail time, 5 years since you were released from Jail on the Domestic violence conviction.
If you would like to discuss your eligibility to expunge your Michigan Domestic Violence conviction, or the process for getting the job done (including the involvement of the Attorney General and what will happen at the Court hearing), call Prain Law, PLLC, your Michigan Domestic Violence Lawyer, at (248) 731-4543 anytime. Or, you can send a confidential e-mail on our Custom Contact page on our website. Getting a Michigan Domestic Violenceconviction expunged is possible, but it takes skill, especially since these are "victim activated" cases under the Michigan Crime Victim Rights Act.