Do misdemeanors ever fall off of your record?

In Michigan, some misdemeanors stay on your criminal history for life; others automatically expunge. A lawyer can help expedite the removal of a conviction in either case.

An Expungement is Also Known as a Motion to Set Aside a Misdemeanor Conviction

Misdemeanor convictions will stay on your record for years, or in some cases, life, or until the conviction is set aside with a Motion to Set Aside Conviction, AKA Motion for Expungement, or Expungement Motion. Under Michigan’s Clean Slate laws, most misdemeanors self-expunge after several years, but a lawyer can help expedite the process and remove the convictions years earlier. Michigan permits the expungement of unlimited eligible misdemeanor convictions.

What a tragedy when a person has a lapse in judgment or good sense one time earlier in life, and their lives are forever shaped by that moment. At LEWIS & DICKSTEIN, P.L.L.C., our Michigan expungement attorneys cannot stand by idly and watch our clients’ lives be ruined by some aberration in their lives that occurred years prior.

Suppose someone has multiple misdemeanor convictions. In that case, the convictions will not be automatically expunged for at least seven (7) years. The Expungement Team with LEWIS & DICKSTEIN, P.L.L.C. can file a motion to set aside the misdemeanor convictions after only three (3) years.

Multiple Misdemeanor Convictions Do Not Have to Stay on Your Record

Michigan law provides for the opportunity to seek an expungement of certain criminal convictions if all of the requirements of the expungement statute are met, even if there are multiple convictions. Even when all the requirements are met, the judge who hears the motion must be convinced that the petitioner has been rehabilitated and that the expungement is in society’s best interest. Convincing a judge that a petitioner meets this very high standard is a daunting challenge that the expert expungement attorneys with LEWIS & DICKSTEIN, P.L.L.C. have taken years to craft and perfect. “How long do misdemeanors stay on your record?” Seven years or forever, depending on the conviction UNLESS a judge grants a Motion to Set Aside Conviction.

Expungement of an OWI Misdemeanor Conviction

First-time operating while intoxicated misdemeanor convictions are eligible for expungement and do not have to stay on your record under certain circumstances.

Only one operating while impaired/intoxicated offense can be set aside in a person’s lifetime. If the OWI caused an injury or death, it is ineligible to be set aside. The waiting period to have a first offense OWI/DUI expunged from your record is five (5) years following the successful conclusion of probation or release from incarceration, whichever was the latest.

Winning an OWI expungement should not be taken for granted. In addition to the ordinary requirements for expungement, someone seeking an expungement of a first-offense OWI must also prove they’ve taken sufficient measures to maintain long-term sobriety since their conviction. Failing to admit sufficient evidence can result in an OWI misdemeanor unnecessarily staying on your record for life.

“How long do serious misdemeanor convictions stay on your record?”

Michigan’s expungement laws distinguish between “misdemeanors” and “serious misdemeanors.” Serious misdemeanors are not automatically expunged and will stay on your record for life unless a judge sets aside the conviction. A Motion for Expungement is the only way to set aside serious misdemeanor convictions. These offenses, as defined in the Crime Victim’s Rights Act, include several misdemeanor offenses and substantially similar local ordinances such as domestic violence and assault, breaking and entering, child abuse in the fourth degree, certain firearm violations, injuring a worker in a work zone, and certain drunk and drugged driving offenses, among other crimes. Here is a list of most of the misdemeanors Michigan classifies as “serious”:

A violation of section 81 of the Michigan penal code, 1931 PA 328, MCL 750.81, assault and battery, including domestic violence.
A violation of section 81a of the Michigan penal code, 1931 PA 328, MCL 750.81a, assault; infliction of serious injury, including aggravated domestic violence.
A violation of section 115 of the Michigan penal code, 1931 PA 328, MCL 750.115, breaking and entering or illegal entry.
A violation of section 136b(7) of the Michigan penal code, 1931 PA 328, MCL 750.136b, child abuse in the fourth degree.
A violation of section 145 of the Michigan penal code, 1931 PA 328, MCL 750.145, contributing to the neglect or delinquency of a minor.
A misdemeanor violation of section 145d of the Michigan penal code, 1931 PA 328, MCL 750.145d, using the internet or a computer to make a prohibited communication.
A violation of section 233 of the Michigan penal code, 1931 PA 328, MCL 750.233, intentionally aiming a firearm without malice.
A violation of section 234 of the Michigan penal code, 1931 PA 328, MCL 750.234, discharge of a firearm intentionally aimed at a person.
A violation of section 235 of the Michigan penal code, 1931 PA 328, MCL 750.235, discharge of an intentionally aimed firearm resulting in injury.
A violation of section 335a of the Michigan penal code, 1931 PA 328, MCL 750.335a, indecent exposure.
A violation of section 411h of the Michigan penal code, 1931 PA 328, MCL 750.411h, stalking.
A violation of section 601b(2) of the Michigan vehicle code, 1949 PA 300, MCL 257.601b, injuring a worker in a work zone is a misdemeanor that will stay on your record for life unless expunged by motion.
A violation of section 617a of the Michigan vehicle code, 1949 PA 300, MCL 257.617a, leaving the scene of a personal injury accident.
A violation of section 625 of the Michigan vehicle code, 1949 PA 300, MCL 257.625, operating a vehicle while under the influence of or impaired by intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content, if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to another individual.
Selling or furnishing alcoholic liquor to an individual less than 21 years of age in violation of section 701 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701, if the violation results in physical injury or death to any individual.
A violation of section 80176(1) or (3) of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.80176, operating a vessel while under the influence of or impaired by intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content, if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to any individual.

“Do traffic misdemeanors stay on your record in Michigan?”

Michigan’s Clean Slate laws permit expungement of most traffic misdemeanors, including but not limited to OWI 1st, Reckless Driving, Driving While License Suspended, No Proof of Insurance, and Failure to Yield to an Emergency Vehicle. Even if expunged, traffic misdemeanors stay on your traffic record. A first-offense OWI resulting in injury or death is ineligible for expungement.

Automatic Expungement

Eligible misdemeanors are automatically expunged after seven (7) years. Anyone with more than four (4) eligible misdemeanors cannot get automatic expungement. The federal government does not recognize expungement under Michigan’s automatic expungement law. The FBI will only recognize misdemeanor and felony expungement resulting from a court order. A Motion to Set Aside Conviction is the only way to get a court order. Misdemeanor offenses designated as “serious” are never eligible for automatic expungement.

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Attorneys Who Win Misdemeanor and Felony Expungement Motions

The defense lawyers with LEWIS & DICKSTEIN, P.L.L.C. have an unparalleled track record and decades of experience winning misdemeanor expungement motions in Oakland County, Wayne County, Macomb County, Washtenaw County, and throughout Michigan. We maximize our client’s chances of having a much-deserved second chance at having a clean record. Determining your eligibility for an expungement can be confusing. Call us for a free consultation. We will help you determine when you are eligible for an expungement and work with you to clear your record of criminal convictions. We are not afraid to win!

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.