How a Criminal Defense Lawyer in Ann Arbor Can Help
Navigating the Expungement Process
The process of expungement in Michigan can be complex and involves several steps, including filing petitions, gathering documentation, and attending court hearings. A criminal defense lawyer in Ann Arbor is invaluable in navigating this process. Here’s how they can help:
- Determining Eligibility One of the first things a criminal defense lawyer will do is evaluate whether your conviction is eligible for expungement. While Michigan’s new Clean Slate laws have broadened eligibility, certain offenses remain ineligible for expungement, such as:
- Serious felonies like murder and criminal sexual conduct
- Traffic offenses, including DUIs (though recent laws are changing this)
- Child abuse and other violent crimes
- A lawyer can carefully review your criminal record and determine which convictions, if any, can be expunged. This saves time and helps avoid unnecessary filings for ineligible cases.
- Filing the Expungement Petition To begin the expungement process, a formal petition must be filed with the court. This petition includes detailed information about your criminal history, including the conviction you wish to expunge. A criminal defense lawyer will:
- Ensure all necessary documentation is included
- Fill out forms correctly to avoid rejection
- File the petition with the appropriate court promptly
- Preparing for the Expungement Hearing After filing the petition, the court will schedule a hearing. The judge will review your case during this hearing and determine whether to grant the expungement. A lawyer plays a crucial role in preparing you for this hearing by:
- Gathering evidence that supports your case, such as proof of rehabilitation, community involvement, or letters of recommendation
- Preparing you for any questions the judge may ask
- Presenting a compelling argument on your behalf to increase the chances of success
- Arguing Your Case in Court At the expungement hearing, your lawyer will present arguments and advocate for your case, demonstrating why the court should grant your request. This may involve showing that you have made positive changes since your conviction, that you pose no threat to public safety, and that expunging your record is in the interests of justice.
- Challenging Objections In some cases, the prosecutor may object to your expungement. This can happen if the prosecutor believes that your conviction should remain on your record due to its severity or other factors. Your lawyer can counter these objections by presenting strong arguments and evidence in your favor.
Understanding the Automatic Expungement Process
What is Automatic Expungement?
Under Michigan’s Clean Slate laws, certain misdemeanor and low-level felony convictions will be automatically expunged after a set period, provided the individual has no new convictions. This automatic expungement process is designed to reduce the burden on individuals who have already proven they can stay out of trouble for an extended period.
- Misdemeanors: Automatically expunged after seven years.
- Low-Level Felonies: Automatically expunged after ten years.
However, automatic expungement applies only to specific cases, and there are limitations on the number of offenses that can be expunged this way. In cases where automatic expungement is not an option, hiring a criminal defense lawyer to navigate the manual expungement process is crucial.
When to Seek a Lawyer Despite Automatic Expungement
While automatic expungement is a major step forward, there are situations where you’ll still need a criminal defense lawyer to clear your record:
- If your conviction is not eligible for automatic expungement you may still qualify under the manual expungement process.
- If you need your record expunged sooner than the automatic expungement timeline allows.
- If there are legal complications or challenges related to your case that require skilled legal intervention.
A lawyer can also monitor the progress of an automatic expungement and ensure that errors do not prevent the expungement from being applied to your record.
The Benefits of Having Your Record Expunged
Clearing your criminal record through expungement offers numerous benefits that can greatly enhance your quality of life, both personally and professionally.
Improved Employment Opportunities
One of the most significant benefits of expungement is the ability to apply for jobs without disclosing your criminal history. Once your record is expunged, it will not show up on most background checks conducted by potential employers, making it easier to secure employment.
Expungement can also open the door to professions that require clean records, such as positions in law enforcement, healthcare, and education. Many employers in these fields conduct thorough background checks, and a criminal record can be a major barrier to entry.
Better Housing Options
With a criminal record, finding suitable housing can be a challenge, as many landlords conduct background checks before renting to tenants. Expungement can remove this barrier, allowing individuals to apply for housing without fear that their past convictions will disqualify them.
Restoration of Civil Rights
In Michigan, certain felony convictions result in the loss of important civil rights, such as the right to vote, own a firearm, or serve on a jury. Expungement can help restore these rights, enabling individuals to fully participate in civic life once again.
Rebuilding Your Reputation
Having a criminal record can carry a social stigma, affecting personal relationships and how others perceive you in your community. Expungement offers a fresh start, allowing individuals to rebuild their reputations and reintegrate into society without the shadow of their past mistakes following them.
Name of Law Firm: Grabel & Associates
Address: 202 E Washington St Ste 407, Ann Arbor, MI 48104, United States
Phone: (734) 845-4330
Website URL: https://www.grabellaw.com
Facebook page https://www.facebook.com/Michigan.Criminal.Defense.Lawyers
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