The most important factor to determine eligibility is the type of criminal conviction on your record.  For this reason, it is important to obtain an copy of your entire criminal history.  You can request a copy through Michigan’s IChat website.

There is a vast number of criminal offenses that qualify for expungement.  However, the following are some of the offenses that cannot be set aside:

• A felony or attempted felony where the punishment is life imprisonment.
• Certain offenses related to the exploitation and delinquency of minors.
• A violation or attempted violation of fourth-degree Criminal Sexual Conduct if convicted on or after January 12, 2015.
• Certain traffic offenses such as offenses that involve injury or death.
• Felony domestic violence if the applicant has a previous misdemeanor conviction of domestic violence.
• Human trafficking offenses.

The next factor to consider is the timing in which you are permitted to file an application.  You must wait a period of time depending on the type and number of convictions that you are requesting be expunged.  An application to set aside can be filed after whichever occurs last:  imposition of the sentence, completion of probation, discharge from parole, or completion of any term of imprisonment.

• An application to set aside more than 1 felony conviction can be filed 7 or more years
• An application set aside 1 or more serious misdemeanor or 1 felony conviction can be filed 5 or more years
• An application to set aside 1 or more misdemeanor convictions shall only be filed 3 or more years after

There are several factors that help determine if you qualify for an expungement.  Therefore, it is important that you contact a Michigan Expungement Attorney to discuss your matter in detail.