Set Aside a Michigan Criminal Record
Posted on December 19th, 2013
In Michigan, to clear your criminal record, you must petition for a set aside. There are many reasons to set aside your Michigan criminal record. Most significantly, if your petition for a set aside is granted, the conviction is deemed to have never occurred-with the exception of exception of a few limited circumstances. Setting aside you criminal record may also help to open the door to confidently passing most criminal background checks for employment and housing, thus creating a better life for yourself.
Once the court decides to set aside your conviction, the general public cannot view the conviction. As such, you will no longer have to endure the stigma of being considered an offender. Legally, under section 338.43, licensing agencies are prevented from considering cases that did not result in a conviction or convictions that have been set aside, meaning that even if an employer becomes privy to your set aside record, they cannot discriminate against you for the position or promotion based on your conviction. Setting aside your conviction may help you to find employment in fields working with children and as a caregiver, which is employment that is difficult to obtain with a criminal record. By being able to pass background checks, it may also become easier to complete professional certificates, become eligible for financial aid or bank loans, and obtain desirable housing.
Setting aside your Michigan criminal record also automatically restores your right to own firearms, unless the order for the set aside strictly prohibits you from ever owning firearms. The right to serve on a jury, is available to you if you are not currently serving a sentence for a felony conviction; however, pursuant to M.C.R. 2.511 (D) (2), 6.412 (D), if you have been convicted of a felony in the past, your right to serve may be challenged during jury selection regardless of whether you have completed your sentence. Your right to vote is automatically reinstated after you are released from confinement in jail and prison, even if you are on probation or parole.
As conveyed above, there are many reasons to set aside your Michigan criminal record. To begin the set aside process, you must file a petition with the court that heard your original case because that courthouse will have jurisdiction over that case for your set aside. For contact information for your respective court, visit the Michigan court website at http://courts.mi.gov/.