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Troy MI License Restoration Blog

Wednesday, September 24, 2014

EXPUNGMENTS: FIRST THINGS FIRST

When considering whether or not you want to try to clear your adult criminal record, the first thing you must know is: YOU CANNOT EXPUNGE ANYTHING OFF YOUR RECORD IF YOU HAVE MORE THAN ONE CONVICTION!!!

There are very few exceptions to this rule. Generally speaking, the legislature has decided that it is in societies best interest to give individuals a chance to redeem themselves (in essence, a do-over), to have a fresh start and enjoy all the rights of a full U.S. citizen. Rights such as owning a gun, voting, working in certain fields, etc.,.

In the age of the internet there is very little a prospective employer cannot find out about you if they want - especially a criminal record since they are a public record. This is why it is so important that under the expungement statute your record is erased and therefore invisible to any internet snooping. 

So, lets say you were convicted of two felonies during the commission of a crime - you are not eligible for expungement.

 Even if you have only one felony on your record, if you are unfortunate enough to have even a misdemeanor on your record (with only a few exceptions - and most people do not fit within these exceptions), you will not be eligible for expungement. Especially if the misdemeanor conviction is for drinking and driving. Once a drinking and driving conviction is entered on your record nothing thereafter is expungeable. Although the general rule is that one conviction, whether it be a misdemeanor or felony, may be expunged from your record, for whatever reason, the legislature decided that if the conviction is for drinking and driving, then nothing is expungeable!

The petitioner must also be aware that there is a time element requirement that must be met before you become eligible. Furthermore, the mere act of petitioning the court for expungement relief is not an automatic guarantee of winning the desired relief (although i have never lost one petition). The relief is discretionary. In other words, the judge can do whatever he/she wants.

The "time" element requirement therefore relates to the "discretionary" aspect of this type of relief. Although the judge looks at the nature of the crime, one of the most crucial things they consider is how you have conducted yourself since the commission of the crime. Have you had continuous employment, are you married, do you have children that you support, how do you fill your spare time, what goals are you trying to accomplish, how will granting the requested relief further those goals?!? Therefore the passage of time becomes an important element so as to give the judge a "feel" of how to predict your future behavior and whether you deserve a do-over.

Call attorney Martin Lievois to discuss your eligibility, whether you fit into one of the exceptions and what you need to do to win. In Oakland County call 248-419-1566; in Genesee County call 810-250-4550.


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| Phone: 810-232-3223
1680 Crooks Road, Troy, MI 48084
| Phone: 248-498-2525

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