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Should you get your criminal record expunged?

Originally posted on 04/12/2017

A sun rises with the silhouette of a person in the foreground, breaking chains that hold their wrists together.If you have been convicted of a crime, have served your sentence, and have followed all court recommendations, you should be able to put your past behind you and move on with life. Moving forward is critical given the stigma against ex-convicts. There were some changes to Michigan law about expungements earlier this year. 

This article will give an overview of expungements to help you decide whether it is right for you to get one.

Continued Punishment Beyond Court Sentencing

People with criminal records tend to have more trouble gaining employment compared to those who don’t. Convictions are especially troublesome for those who have had previous drug possession convictions. As such, part of moving on with life should include getting the conviction expunged.

What is an Expungement?

An expungement essentially means that the criminal record is sealed from the public so that future employers, educational institutions, or screening companies cannot see this information. However, law enforcement agencies may have access to and maintain these records. This information remains available to law enforcement because police, prosecutors, and investigators still have a public safety interest in maintaining access to criminal records.

Questions Related to Expungement

Being able to put a criminal incident in the rearview mirror is vitally important. Under Michigan law, those seeking expungement must answer several questions to determining eligibility for expungement. They include whether the crime may be expunged as a matter of law, the number of criminal convictions, if any, since the original crime, and whether any tribunals (or courts) in any other jurisdiction objects to the expungement.

Something to Consider - Government Jobs

Many people wish to have previous convictions expunged to have better access to jobs and employment. Keep in mind, government jobs will still be an issue. Hiring practices for jobs with the government tend to look beyond an expungement. So, even if you have your past convictions expunged, hiring managers or government jobs can still see your records.

Working with a Qualified Legal Expert Can Help with Your Expungement

Given the questions that may come with the expungement process, you should contact an experienced criminal defense attorney to guide you through the process. The attorneys at Aldrich Legal Services have been helping people with their legal defense for more than 21 years. Give our team a call today. 

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RM drafted the deed without seeking counsel and mistakenly believed that, if either she or FK died, the property would fully pass to the surviving tenant. FK’s will provided that if his wife predeceased him—which she did—the personal representative of his estate should sell any residual property that he owned and divide the cash proceeds equally among his surviving children.

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A trial court has discretion to terminate a parent’s rights and permit a stepparent to adopt a child when the conditions of MCL 710.51(6) are met. MCL 710.51(6)(b) requires the petitioner to establish that the other parent had the ability to visit, contact, or communicate with the children, and substantially failed or neglected to do so for a period of two years.

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A settlor’s intent is to be carried out as nearly as possible. Generally, in terrorem clauses are valid and enforceable. However, a provision in a trust that purports to penalize an interested person for contesting the trust or instituting another proceeding relating to the trust shall not be given effect if probable cause exists for instituting a proceeding contesting the trust or another proceeding relating to the trust.

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However, the trial court concluded that these matters should, in fact, be in the province and the jurisdiction of the Family Division and in that respect, having issued a personal protection order, the Court stated it would terminate the personal protection order after the parties present documentation of the initiation of the divorce proceedings.

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