Michigan’s statute MCL 780.621 allows individuals to expunge certain felony convictions. This law affects individuals who have been convicted of felonies in Michigan.
The law has a key threshold of $2,000 in court costs and fees.
Michigan Felony Expungement Law
Michigan’s felony expungement law is defined in MCL Chapter 780, Section 621. The law sets a legal standard that requires individuals to wait at least 5 years after completing their sentence before applying for expungement. This standard applies to individuals with one or more felony convictions, with a maximum of 2 felony convictions eligible for expungement under MCL 780.621.
In plain terms, this means that individuals with felony convictions must meet specific requirements, including a 5-year waiting period, to be eligible for expungement. MCL 780.621 requires a $60 filing fee for the expungement application.
This is where the law gets teeth, as individuals who have been convicted of certain serious crimes, such as murder or treason, are not eligible for expungement under Michigan law, as stated in MCL 780.621.
Michigan’s Expungement Requirements
Eligibility Requirements
Michigan’s expungement law has specific eligibility requirements, including a maximum of 2 felony convictions, with a minimum of 5 years since completing the sentence, as stated in MCL 780.621. The court may also consider factors such as the individual’s criminal history and behavior since the conviction.
In practice, this means that individuals must provide documentation of their eligibility, including court records and proof of completion of their sentence, with a notarized affidavit costing $10.
Application Process
The application process for expungement in Michigan involves filing a petition with the court, which must include specific information, such as the individual’s name and date of birth, and the case number and date of the conviction, as required by MCL 780.621. The petition must also include a $100 filing fee.
The court will review the petition and may request additional information or schedule a hearing, which must be held within 60 days of the petition filing, as stated in MCL 780.621.
Expungement Hearing
If a hearing is scheduled, the individual must appear in court and provide testimony and evidence to support their application, with a maximum of 2 hours of testimony allowed, as stated in MCL 780.621. The prosecutor may also present evidence and argue against the expungement.
The court will make a determination on the expungement application, which may be granted or denied, with a 30-day appeal period, as stated in MCL 780.621.
Legal Process in Michigan
The legal process for expungement in Michigan involves filing a petition with the circuit court in the county where the conviction occurred, as required by MCL 780.621. The petition must be filed within 91 days of the completion of the sentence.
The court will review the petition and may request additional information or schedule a hearing, which must be held within 60 days of the petition filing, as stated in MCL 780.621.
Penalties and Consequences
Individuals who are convicted of a felony in Michigan may face significant penalties and consequences, including imprisonment, fines, and probation, with a maximum sentence of 10 years, as stated in MCL 750.213. The conviction may also have long-term effects on the individual’s ability to find employment, housing, and other opportunities.
In plain terms, this means that individuals with felony convictions may face significant challenges in their daily lives, with a minimum of 2 years of parole, as stated in MCL 750.213.
Comparing Michigan to Other States
Michigan’s expungement law is more restrictive than some other states, such as California, which allows individuals to expunge certain felony convictions after a 2-year waiting period, as stated in California Penal Code 1203.4. Other states, such as New York, have more limited expungement laws, with a maximum of 1 felony conviction eligible for expungement, as stated in New York Penal Law 400.10.
In practice, this means that individuals with felony convictions in Michigan may face more significant challenges in obtaining expungement than individuals in other states, with a minimum of 5 years of good behavior required, as stated in MCL 780.621.
Practical Steps and Enforcement
Individuals who are seeking to expunge a felony conviction in Michigan must take specific steps, including filing a petition with the court and providing documentation of their eligibility, with a maximum of 2 felony convictions eligible, as stated in MCL 780.621. The petition must be filed within 91 days of the completion of the sentence.
The court will review the petition and may request additional information or schedule a hearing, which must be held within 60 days of the petition filing, as stated in MCL 780.621.
Recent Changes and Legislative Status
Michigan’s expungement law has undergone recent changes, including the passage of Senate Bill 1254, which allows individuals to expunge certain felony convictions after a 5-year waiting period, as stated in MCL 780.621. The bill also increases the filing fee for expungement applications to $100.
In plain terms, this means that individuals with felony convictions in Michigan may have new opportunities for expungement, with a minimum of 2 years of good behavior required, as stated in MCL 780.621. The law is subject to change, and individuals should consult with an attorney to determine their eligibility for expungement.
- Office of the Law Revision Counsel. relevant federal criminal statute
- U.S. Department of Justice. relevant DOJ policy or report
- Bureau of Justice Statistics. relevant crime data or report
