When you break the law, it creates a record that can follow you for the rest of your life. Depending on what you were charged with, you can run into problems getting a job, housing opportunities, credit, professional licensing, and even public benefits.
The good news is that for certain offenses, you may be able to have your Michigan criminal record expunged. Attorney Shaun R. Marks is an experienced Michigan expungement attorney who can review your record and help you determine whether you qualify for a clean slate through expungement. He believes that past mistakes should not ruin your prospects for the rest of your life, so talk to us about how you may be able to get a fresh start.
Why Hire Attorney Shaun R. Marks as Your Michigan Expungement Attorney?
A criminal record can hold you back from moving forward with your life. Clearing that record through the expungement process gives you the chance to rebuild and opens doors to a better future. Attorney Shaun R. Marks has the legal acumen and experience needed to give you the best shot at a new beginning.
- Proven Track Record: Attorney Marks has successfully represented thousands of clients in criminal matters in state and federal courts across Michigan. With over three decades of legal experience, he knows how Michigan’s criminal justice system works and how to get results. His track record as a criminal defense lawyer speaks to his ability to help clients successfully clear their records and reclaim their futures.
- Personal Attention to Every Case: Attorney Marks personally works on all of the firm’s cases. He’ll be the one reviewing your situation, preparing your paperwork, and representing you throughout the expungement application. This hands-on approach means your case gets the attention it needs from someone who genuinely cares about the outcome.
- Straight Answers and Clear Communication: You’ll receive straight, honest answers from Attorney Marks, not vague promises or unrealistic expectations. He’ll tell you if you qualify for expungement under Michigan’s Clean Slate Act, what the timeline looks like, and what challenges you might face. This transparency helps you make smart choices about your case.
- Knowledge of Michigan’s Clean Slate Law: Michigan’s expungement laws have changed dramatically in recent years. Attorney Marks stays current on these developments and knows which criminal convictions qualify, what waiting periods apply, and how to present your application in the strongest possible light. This knowledge can make the difference between approval and denial.
- Grasping the Real-World Impact: Criminal records can impede an attempt to obtain a job, housing, credit, and a variety of other pursuits. Attorney Marks gets that. He sees your case as your chance to rebuild your life. His approach reflects an awareness of how much an expungement can change your employment prospects, housing options, and overall quality of life.
If you’re ready to leave your criminal history behind, Attorney Shaun R. Marks can help you take that next step. His decades of courtroom experience, commitment to client service, and grasp of Michigan expungement law make him a solid choice for anyone seeking a clean slate. Contact his office today to schedule your free consultation and find out if you qualify for expungement under Michigan law.
What is an Expungement?
Expungement removes a criminal arrest or conviction from the public record so it no longer appears on most background checks run by employers, landlords, schools, or the general public. In Michigan, when a record is expunged (also called “set aside”), it is treated as though the criminal offense didn’t occur for most everyday purposes. This means you can usually lawfully answer “no” when asked if you have been arrested or convicted of that offense, helping reduce barriers to job opportunities, housing, education, and professional licenses.
However, expungement doesn’t completely erase the record from existence. Courts and law enforcement agencies can still access expunged records for limited purposes, such as future criminal investigations or sentencing considerations. Expungement also doesn’t automatically restore rights like firearm possession or eliminate records held in certain federal databases. In short, expungement clears your public record and removes many practical consequences of a past case, but it is not the same as pretending the event never happened in every legal context.
Who Qualifies for Expungement in Michigan?
Eligibility generally depends on the type of offense, the number of criminal convictions on the record, and how much time has passed since all terms of the sentence were completed, such as jail time, probation, and payment of fines. Michigan’s expanded Clean Slate laws mean that having a criminal record no longer automatically prevents someone from seeking expungement.
People whose cases were dismissed, resulted in a not-guilty verdict, or were never formally charged may qualify for automatic expungement after a waiting period, without filing a petition or appearing in court. Many misdemeanor convictions are also eligible for expungement, and in some situations, multiple misdemeanors can be cleared. Certain felony convictions may qualify as well, including some non-assaultive felonies and limited assaultive crimes, depending on the person’s record and how much time has passed.
However, not all criminal offenses are eligible. Most traffic offenses, life-offense felonies, and many criminal sexual conduct convictions cannot be expunged. People with multiple convictions are not automatically disqualified, but eligibility is determined by statutory limits on the number and type of offenses and the required waiting periods. Because eligibility rules are detailed and vary, reviewing the entire criminal record is the only reliable way to determine what can be expunged and when under Michigan law.
What is the Expungement Process in Michigan?
In Michigan, expungement happens in one of two ways: automatically under the Clean Slate law or by filing an application with the court.
The first step is determining which path applies to your record. Certain non-convictions and lower-level convictions are cleared automatically after the required waiting period, without filing any paperwork or appearing in court. If your record doesn’t qualify for automatic expungement, you must apply directly to the court that handled the case.
If an application is required, the next step is gathering the necessary documents. This includes obtaining certified copies of each conviction you want set aside from the court clerk. Michigan requires a separate filing for each court where a conviction occurred. You must then complete the correct State Court Administrative Office form, most commonly the Application to Set Aside Conviction, and swear under oath that the information you provide is accurate.
After completing the application, you must be fingerprinted on the required Michigan State Police fingerprint card and submit that card, along with the application and the statutory fee, to the Michigan State Police. Copies of the application must also be served on the prosecuting attorney and the Michigan Attorney General. Proof that these parties were served is then filed with the court.
Once the required reports are returned, the court may schedule a hearing, depending on the type of case and local court practice. At the hearing, the judge reviews your criminal history, the time that has passed since the offense, and your conduct since completing the sentence. This is where attorney involvement can be especially important. A Michigan expungement lawyer can present evidence of rehabilitation, respond to objections from the prosecutor, and explain why clearing the record is consistent with public safety and fairness.
If the judge grants the request, the court signs an order setting aside the conviction and sends that order to the appropriate agencies, including the Michigan State Police. It can take additional time for background check databases to update, so attorneys often advise clients to verify that their records have been properly updated before relying on the expungement for employment or housing purposes. An attorney’s guidance throughout this sequence helps avoid filing errors, missed requirements, and unnecessary delays, while giving the application the strongest possible presentation to the court.
How Long Does It Take to Get Your Record Expunged in Michigan?
In Michigan, how long it takes to get a record expunged depends on whether the expungement is automatic or requires a court application, and where you are in the timeline.
For automatic expungement under Michigan’s Clean Slate law, the timeline is tied entirely to statutory waiting periods. Non-convictions are automatically cleared after the required number of years once the case is closed, and eligible convictions are automatically set aside after longer waiting periods measured from the completion of the sentence. There is no filing, no hearing, and no way to speed this up. Once the waiting period expires, the State updates records in the background, which can still take several additional months before all databases change.
For application-based expungement, the timeline is shorter but less predictable. After you file the application, submit fingerprints, pay the fee, and serve the required agencies, the Michigan State Police must complete and return a report to the court. That step alone commonly takes several weeks to a few months. Some courts then rule on the paperwork, while others schedule a hearing, which may add more time depending on the court’s calendar.
From filing to final decision, a petition-based expungement typically takes three to six months, though it can take longer in busy courts or if the prosecutor objects. After approval, it may take additional time for background check systems to update, even though the expungement order is legally effective once signed. Attorneys regularly advise clients to confirm that records have been updated before relying on the expungement for employment, housing, or licensing applications.
In short, automatic expungement can take many years because it depends on statutory waiting periods, while petition-based expungement usually takes several months from filing to completion. The exact timing varies based on eligibility, court workload, and how quickly required agencies respond.
Speak to an Expungement Lawyer in Flint, MI
Don’t let the burden of a Michigan criminal record stand in your way. When you hire Shaun Marks, P.C., as your legal representation, you’ll be benefiting from his years of experience in helping clients put a difficult past behind them. As one of the most accomplished criminal defense attorneys in Flint, MI, he will aggressively defend your right to a better future.
Schedule a free criminal record expungement consultation today to learn more about clearing your criminal record. As well as the Genesee County area, this firm proudly serves Oakland County, Lapeer County, Shiawassee County, and Saginaw County.
