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Those dispositions are counted as “convictions” just as if you had gone to trial and were found guilty.
For a deferred and dismissed offense set aside, whether originally a misdemeanor or felony, they are considered misdemeanor convictions for the purposes of conviction set aside. MCL §780.621(2).
A person convicted of not more than one felony offense and not more than two misdemeanor offenses may have their felony conviction set aside. A person convicted of not more than two misdemeanor offenses may set aside one or both of their misdemeanors. A deferred and dismissed offense, whether it was originally a misdemeanor or felony is considered a misdemeanor offense conviction for the purposes of Michigan conviction set aside. MCL §780.621(1).
Yes. However, you still must not have more than one felony offense conviction and not more than two misdemeanor offense convictions, which includes the misdemeanor traffic offense(s). MCL §780.621(1). Civil traffic infractions (like a speeding ticket) are not typically considered a misdemeanor offense conviction for the purposes of set aside.
There does not appear to be any way to reduce a felony down to a misdemeanor or lower level offense in Michigan at this time. The time to do so would have been through plea negotiations with the prosecutor before the conviction.
For a small research fee, we can discover what is on your record and what services you are eligible for in Michigan. The fee would then be applied to any service you hire us to perform for you.
Cases can be denied for various reasons including: (1)the court does not believe that a set aside is “consistent with the public welfare” or that your behavior and the circumstances since the conviction warrant a set aside (2) probation violations or not having paid all fines, or (3) you do not otherwise meet the basic eligibility requirements. MCL §780.621
We do not handle federal cases, but only a limited type of federal cases are eligible to be expunged.
We will appear in court for you, but if the court also requests your presence and you are unable to attend, then we will request that your presence be excused ahead of time.
You will have to be fingerprinted at your local police station. Once you become a client we will send you an email with instructions on how to get fingerprinted any other necessary actions on your part.
Typically, the set aside process in Michigan takes three to five months depending on your particular situation, the court’s workload, and if there are any objections filed from the state.
The court processes cases in the order they are received. We work to get everything filed before the court as quickly as possible. We can write a letter to your employer or potential employer letting them know we are in the process of having your case set aside if that would be helpful for you.
If your case is denied, we evaluate the reason and then determine the best way to move forward. We offer a money-back guarantee for many of our services if we do not believe the refiling the case is in your best interest.
The general public will not have access to the records; however, law enforcement agencies, courts, and prosecutors will still have future access. Furthermore, if you get convicted of a felony (or a crime that is punishable by at least one year prison) in the future, the court can use a conviction that has been set aside for sentencing purposes in that future conviction. §780.622
If we are unable to succeed on your case, we have a money-back guarantee for certain services. Please view the pricing for details regarding the money-back guarantee for this service.
If you commit a future offense that is either a felony or that is punishable by imprisonment for more than 1 year, the court sentencing you for that future offense can consider a conviction that has been set aside. Also, if you apply for a license with the judicial branch (such as an attorney bar license), a job with a law enforcement agency, or a pardon with the Governor, a set aside conviction can be considered. §780.623(2)(a) and §780.622(4)
When you are applying for a license with the judicial branch (such as an attorney license), a job with a law enforcement agency, or a pardon with the Governor, you will be required to disclose a set aside conviction. In those cases, you can mention that the conviction has been “set aside.” §780.623(2)(a)
No. If your conviction requires you to register as a sex offender, you still must register after your conviction has been set aside. §780.622(3)
The Canadian government and the United States have entered into an information sharing agreement, and the Canadian government will have the same information the United States has on file. The benefit of setting aside your case is that it will show the Canadian government that the matter was resolved and is no longer considered a conviction.
You never lose the right to vote in Michigan unless you are confined in jail or prison. You can vote even if you are on probation or parole.
You should discuss with an immigration attorney if setting aside your conviction could help your immigration status. You can reach our immigration department at 714-617-8395.
Yes. Once your conviction has been set aside, you are generally eligible to possess a gun again, unless the court order specifically prohibits your right to possess firearms.
However, under the federal law (Lautenberg Amendment to the Violence Against Women Act), there is a lifetime ban on firearm ownership for those convicted of misdemeanor domestic violence. A Michigan set aside will not lift the federal ban.
You can truthfully say you were not convicted to any question for employment, unless you are applying for employment with a law-enforcement agency. In most circumstances, Michigan Comp. Laws section 338.43 prevents licensing agencies from considering cases that did not result in a conviction or convictions that have been set aside. Once your conviction has been set aside, your case can only be used in narrow circumstances.
If you have a “breach of trust” or "dishonesty" conviction Section 19 of the Federal Deposit Insurance Act allows banks to prohibit your employment. This remains true even if your case is expunged or set aside. Your best option if you are having difficulties securing a position with a financial institution because of a conviction is to apply for a waiver from the FDIC. Contact an attorney to discuss whether you qualify for a waiver.
If the court sets aside your case, it cannot be viewed by any member of the general public. However, various law enforcement or criminal justice agencies (including courts and prosecutors) will still have access to the records, but they can only use them in very narrow circumstances. §780.623(2)
The court will send a copy of the order to the arresting agency as well as the Michigan Department of State Police. This typically takes about 30-45 days for the agencies to update their records. §780.623(1)
No, a set aside does not clear your DMV record.