Attorney DeBruin represents clients from across lower Michigan.

Attorney DeBruin represents clients from across lower michigan.

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How many times can you have a criminal offense expunged?

On Behalf of | Nov 24, 2023 | Criminal Defense, OWI

Having a criminal record can be a major disadvantage in life. Employers could shy away from offering you a job. Lenders might not be willing to do any business with you. Worse, your family and friends could try to avoid seeing you due to your sullied reputation.

Fortunately, Michigan allows the expungement of criminal convictions on a person’s record. While the types of offenses eligible for expungement are limited, the ability to clear your record of certain crimes is still helpful.

But how many times can you have an offense set aside from your record?

Up to three felonies, no limit for misdemeanors

Per state law, a person convicted of one or more criminal offenses may file an application for expungement with the convicting court to set aside one or more convictions. The number of convictions that a person can apply for expungement includes up to three felonies and no limit on misdemeanors.

However, some restrictions will still apply. For instance, an applicant can’t have more than two convictions for an assault crime expunged. Or an applicant can’t have more than one felony conviction for the same offense set aside if the offense is punishable by over ten years of prison.

Time limits for applications

There are also time limits for when a person can apply for expungement.

If a person is applying to expunge more than one felony conviction, they can only file seven or more years after the following criteria apply:

  • A court has already imposed sentences for the convictions the person is going to set aside
  • The person completed any term of felony probation imposed as part of their conviction
  • The person completed any term of felony imprisonment imposed as part of their conviction
  • The person earned discharge from parole, which was imposed as part of their conviction

Similarly, a person applying to expunge one or more serious misdemeanor convictions, their first violation of operating while intoxicated, or just one felony conviction will have to file five or more years after the same criteria apply.

If a person is looking to have a misdemeanor conviction expunged, they can file for a motion after three years when they accomplish the first three criteria.

Yes, you can have multiple convictions expunged. But you’re only limited to three felonies and must meet specific criteria before filing. Before filing anything, you might want to consult a legal professional to learn all your options.

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