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What documents are required for an expungement?

November 21, 2023 John Engman & Associates

What documents are required for an expungement?

what documents are required for an expungement

Navigating the process of expungement in Grand Rapids, Michigan, involves more than just meeting the minimum documentation requirements set by the law. While Michigan law doesn’t explicitly outline the exact documents needed for expungement, the importance of thorough and persuasive documentation cannot be overstated. At John Engman & Associates, P.C., we understand that Kent County their preferences and requirements. We recognize that a successful expungement motion, technically known as an Application or Motion to Set Aside Conviction, requires a comprehensive approach.

Our experienced team emphasizes the significance of completing and filing Form MC227, an approved form by the State Court Administrator’s Office. This meticulously crafted form is a crucial component of the expungement process. In addition to the form, fingerprint cards must be submitted by the petitioner to the Michigan State Police. This step initiates a criminal history background check, and the results are crucial for the expungement case.

Once the background check is completed, the Michigan State Police will forward the results to various entities, including the petitioner, their legal representative (if applicable), the Michigan Attorney General, the court, and the Kent County prosecutor. This comprehensive sharing of information ensures that all relevant parties are informed and involved in the expungement process.

What Documents Are Needed to Win Your Expungement?

When pursuing an expungement in Michigan, the first step involves completing the state-approved court form and submitting fingerprint cards to the Michigan State Police. While these are the basic requirements, a successful expungement typically demands more than minimal documentation. At John Engman & Associates, P.C., we recognize that a comprehensive and persuasive approach is crucial for achieving positive outcomes in expungement cases.

Our dedicated team goes beyond the basics. We take the time to conduct thorough interviews with our clients, delve into their history, and identify evidence that strongly supports the expungement request. This evidence encompasses a wide range, including employment records, proof of education, transcripts, awards, degrees, tangible physical evidence, audio/video recordings, photographs, documents, and records.

With decades of collective experience, our Expungement lawyers at John Engman & Associates, P.C. possess the expertise to determine precisely what documents are needed for a successful expungement. We understand the unique requirements of the Kent County judge, and prosecutor, tailoring our approach accordingly.

Once all relevant evidence is gathered, our  Expungement Team meticulously reviews the materials, identifies the most compelling evidence, and crafts a Memorandum in Support of Motion to Set Aside Conviction. This document, a blend of a sales brochure and a biography, is strategically designed to showcase our clients in the most favorable light and persuade the court of their eligibility for expungement.

After filing the expungement motion, potential obstacles may arise. The Michigan Attorney General or Kent County prosecutor might file a Response, particularly in cases involving assaultive convictions or allegations of dishonesty. With John Engman & Associates, P.C. representing you, we anticipate objections and promptly respond with persuasive arguments, drawing on our extensive experience in successfully countering objections.

It is crucial to file the correct documents for an expungement, as any deficiency can be quickly identified by the Kent County prosecutor. At John Engman & Associates, P.C., we ensure that every document submitted aligns with the specific requirements of the Kent County court, leaving no room for deficiencies. Our commitment is to guide our clients through the intricate expungement process, providing them with the best chance for a positive outcome.

Clean Slate Expungement Laws

Embark on a journey to a clean slate with the transformative Clean Slate Expungement Laws signed into effect by Governor Gretchen Whitmer on October 12, 2020. At John Engman & Associates, P.C., we offer a free consultation to determine if your prior convictions can be set aside under these groundbreaking laws. Understanding the nuances of eligibility is crucial, and our team is ready to assist you in navigating the complexities of the Clean Slate Laws.

Key Provisions of Clean Slate Laws:

  1. Expanded Expungement Opportunities: Effective April 12, 2021, individuals can apply for the expungement of up to three felony offenses and an unlimited number of misdemeanors through the application process.
  2. Restrictions on Assaultive Crimes: While the Clean Slate Laws offer significant opportunities, there are restrictions. When applying for expungement,  only one felony conviction for the same offense if punishable by more than ten (10) years imprisonment, and no more than two assaultive crimes can be expunged.
  3. Revised Waiting Periods: The waiting period for expungement varies based on the nature of the offense. It is three (3) years for ordinary misdemeanors, five (5) years for serious misdemeanors or up to one felony, and seven (7) years for multiple felony convictions, deviating from the previous uniform waiting period.
  4. Automatic Expungement: Starting October 12, 2022, with certain expectations a maximum of 4 misdemeanors or 2 felony convictions may be subject to automatic expungement. However, individuals with even one assaultive conviction won’t be eligible for automatic expungement.
  5. Inclusion of Traffic Convictions: The Clean Slate Laws extend relief to traffic convictions, including a first offense OWI/DUI, allowing individuals to set aside these convictions.
  6. Ineligible Offenses: Certain crimes remain ineligible for expungement. these include felony domestic violence, attempted lifee felonies or life felonies, child abuse, traffic offenses causing injury or death, most criminal sexual conduct offenses, and previous domestic violence misdemeanors.
  7. Varied Waiting Periods: The waiting period before filing an expungement application or motion ranges from three (3) years for misdemeanors to seven (7) years for multiple felony convictions. At John Engman & Associates, P.C., we understand the intricacies of completing the documents required for an expungement. Our experienced team will guide you through this process, ensuring accuracy and adherence to specific requirements tailored to your unique situation.

Discover the possibilities of a Clean Slate with John Engman & Associates, P.C.

Every individual deserves an opportunity to showcase their transformation and secure a clean slate. Convincing a judge to expunge multiple convictions simultaneously requires the expertise of an experienced, astute, and adept attorney. Given that a failed attempt entails a three (3) year waiting period for a retrial, the stakes are high. A tarnished record can pose persistent challenges even in subsequent expungement motions, making the choice of the right expungement attorney crucial. When evaluating the best attorney for your needs and considering the associated costs, it’s essential to weigh the value of attaining a clear and unblemished record.

At John Engman & Associates, P.C., we recognize that a successful expungement relies on a strategic and well-documented approach. Our team works diligently to gather and present compelling documentation tailored to the specific requirements of the court, judge, and prosecutor involved. We help people with all sorts of convictions and even assist those with marijuana convictions get the expungement they deserve.  We go beyond the minimum standards to build a robust case that enhances the likelihood of a favorable outcome for our clients.
Choosing John Engman & Associates, P.C. for your expungement needs means opting for a dedicated team with a proven track record in navigating the complexities of Kent County’s legal landscape. Our attorneys possess the experience and skill to guide you through the expungement process, ensuring a comprehensive understanding of your individual case. We go beyond the minimum requirements, meticulously gathering evidence and presenting a compelling case tailored to your unique circumstances.
With decades of successful expungements, we are well-versed in countering objections and maximizing the chances of a favorable outcome. Our commitment to securing your clean slate aligns with Michigan’s Clean Slate Laws, and we are ready to leverage these provisions to your advantage. Call John Engman & Associates, P.C. today at 616-454-5222 for a free consultation, and let us pave the way for a brighter, unburdened future.