Can a criminal record be expunged if the offense was non-violent?
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Can a criminal record be expunged if the offense was non-violent?
Asked on August 27, 2012 under Criminal Law, Michigan
Answers:
Allen Wolf / THE WOLF LAW FIRM
Answered 12 years ago | Contributor
The criteria for setting aside a conviction (commonly known as Expungement) does not rest on whether the conviction was violent or not.
Under the statute which has be recently amended, it has to do with whether it is an excluded offense (such as a capital offense or even traffic offense) and how much time has passed since probation or incarceration has ended (at least five years) and whether you have any other convictions on your record.
If you quailify pass the statutory screening, it becomes a discretionary decision before the judge in the court for which you obtained the conviction that you are trying to get expunged.
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