The following is a brief description about getting a conviction set aside.
- "Setting Aside a Conviction" Defined
Setting aside a conviction removes a criminal conviction from the public record of the Michigan State Police, and is sometimes referred to as an expungement. The law that allows a person to apply to have a conviction set aside provides that the record be made nonpublic so that any criminal record check, made by someone other than those agencies specified in the law, would reveal no conviction.
- Conditions for Applying
A person may apply to have a conviction set aside for any crime except: 1) a conviction of a felony or an attempted felony punishable by life imprisonment; 2) a violation or attempted violation of criminal sexual conduct; or 3) a traffic offense. A person may have only one conviction set aside.
A person who has been convicted of a non-traffic offense that is reported to the Secretary of State may apply to have the conviction set aside, but if the application is granted, the court cannot order the removal of the offense from the Secretary of State's records.
A person may apply to have a conviction set aside when 5 years have passed since the date he or she was sentenced for the conviction, as long as he or she was not imprisoned. If the person was imprisoned, he or she may apply to have the conviction set aside when 5 years have passed since being released from the term of imprisonment for that conviction.
- How Much Will It Cost?
The Law Office of John E. Melton charges a flat fee of $750.00 (excluding any filing fees and fingerprinting costs which are usually nominal) for convictions in Oakland, Wayne, Genesee, Macomb and Lapeer Counties. The cost for expungements in other counties will vary.
