CLEARING YOUR CRIMINAL RECORD

Why Is My Criminal Record Important?  Harder to get a job.  Many employers ask about criminal records and refuse to hire people who have records.  Some jobs are off-limits to people with certain convictions.

One of the Most Important Things You Can Do is….  Find out exactly what is on your criminal record.  Helps you answer questions about your record accurately.  Lets you correct mistakes.  Lets you see if you can get an expungement.

What Kind of Criminal Records Are There?  Michigan State Police: Internet Criminal History Access Tool  Local police records  Department of Corrections: Offender Tracking and Information System  Private background screening companies  FBI fingerprint records

How Do I Get a Copy of My Record?  From an employer or landlord, if you get turned down for a job or housing because of your record.  From your most recent criminal defense attorney.  From a record-keeping agency.  If you have convictions only in MI, get your ICHAT record.  If you have convictions in other states, get your record from the FBI or private record company.

Can I See a Copy of the Record the Employer Used to Deny Me a Job?  Yes. If the employer used a credit reporting agency to get your record, the employer MUST show you your record BEFORE denying you a job.  Failure to show you the record violates the law.  The company that prepared the record must also give you a copy.

Getting ICHAT Records  Michigan State Police’s Internet Criminal History Access Tool: Then click on “ICHAT.”  Costs $10 with credit card.  Click on “FAQs” on this website for information about how to get your record for free.  Michigan convictions only.

What does an ICHAT record look like?

Getting FBI records  If you have out-of-state convictions, get your record from the FBI.  Go to: for complete instructions.  Send fingerprints, cover letter and $18 to: FBI CJIS Division – Record Request 1000 Custer Hollow Road Clarksburg, West Virginia  If you can’t afford $18, send a notarized statement explaining that you don’t have the money.

How Long Will My Convictions Show Up on My Criminal Record?  Forever, unless your conviction is expunged.  Convictions do not automatically drop off your record over time.  In most cases, once you have a conviction, it will stay on your record for the rest of your life.

EXPUNGEMENT: What does this really mean?  If your conviction is expunged, you no longer have a criminal record.  Information about your crime is no longer available to the public.  You can tell an employer that you do not have a record  A background check should show that you do not have a record.  However, the police will keep your record on file in case you commit another crime.

Expungement – Who is eligible?  1 conviction only (EVER IN LIFE!)  Always check your record before you apply to make sure you have just one conviction.  You CANNOT get an expungement if:  You have two or more felonies.  You have at least one felony and at least one misdemeanor.  You have two or more misdemeanors.  You can have ONLY ONE conviction on your record.

Can’t Apply Until Five Years Have Passed  At least 5 years must have passed since you were convicted, or since you were released from prison, whichever is longer.  You must be at least 24 to get a juvenile adjudication expunged.

Expungement is Discretionary with the Court  You don’t have a right to get your conviction expunged.  You have to earn your expungement by proving to the judge that you deserve it.  The more serious or the more recent the crime, the harder it is to get it expunged.

Some crimes can’t be expunged  Offenses punishable by life imprisonment (regardless of actual sentence)  If you are trying to get a very serious crime expunged, talk to an attorney.  CSC 1, CSC 2, CSC 3, assault with intent to commit CSC  Traffic offenses reportable to the Secretary of State (e.g. drunk driving)  Federal crimes

Out of State Crimes  If you were convicted in a state other than Michigan, the laws of that state will determine whether you can get your record expunged.  Laws in each state are different, so talk to an attorney licensed to practice in that state.

If you still owe restitution or fees:  Judges are much less likely to grant an expungement if you still owe restitution or fees.  Pay off restitution and fees if you can.  If you cannot pay everything off, try to work out a payment plan with the party to whom you owe the restitution, and include the payment plan with your expungement application.  Contact an attorney for help.

How to Apply for An Expungement  Many people can get their records expunged on their own without an attorney.  If your case is more complicated and you are also low-income, you may be eligible for free legal help from Legal Aid.

Cases Where You Want to Work With an Attorney To Apply for Expungement:  If you still owe a lot of restitution.  If you are trying to expunge a serious crime, a sex offense (like CSC 4), or child abuse.  If you think the victim in your case will object.  If you are trying to expunge an adult conviction, but you also have juvenile adjudications.  If you are trying to expunge a juvenile adjudication, but you also have adult convictions.

How To Apply For Expungement On Your Own  Follow the steps we’ll go through today.  Use the forms and directions in the expungement packet, “Is Your Record Holding You Back?”

Step 1: Fingerprints YOU MUST GET A SET OF FINGERPRINTS FROM A POLICE STATION.  A set of fingerprints from a Michigan State Police post is free.  A set of fingerprints from the Grand Rapids Police is $17.  It does not matter where you get the fingerprints taken. Either can be used for your expungement application.  Tell the police you are applying for an expungement so that they use the correct fingerprint card.

Step 2: Certified copy of your judgment of sentence  You must go to the court in which you were convicted and ask the clerk for a certified copy of your judgment of sentence.  The judgment shows what you were convicted of and when.  You only need one copy that has the clerk’s seal on it.

Step 3: Fill out the Expungement Application  Fill out the expungement application.  For an adult conviction, use Court Form MC 227.  For a juvenile adjudication, use Court Form JC 66.  The forms are in the expungement packet, or you can get a copy from the court clerk.  Use the information on the certified copy of your judgment of sentence to help you fill out the application.

Step 4: Money order for MSP  You must get a money order made out to the Michigan State Police. The fees are:  Application to expunge an adult conviction: $50  Application to expunge a juvenile adjudication: $30  This fee covers the cost of a Michigan and FBI background check to make sure you only have one conviction anywhere in the U.S.

Step 5: Show you have rehabilitated yourself.  Many judges want proof that you have rehabilitated yourself.  The more serious and more recent your crime, the more proof of rehabilitation you will need.

How to show you have rehabilitated yourself  You have to show your strengths.  Have you worked for a long time? Have your employer write a letter of recommendation.  Did you earn a diploma or vocational certificate since the time of the conviction? Include a copy of the diploma or certificate.  Do you volunteer at your church or children’s school? Have the pastor or teacher write a letter of appreciation or recommendation.

If you need an expungement for a specific reason:  Include information about why you need the expungement such as:  A letter from a possible employer saying they’ll hire you if you can get your record expunged.  Educational records showing that you have gotten a degree in a field where you won’t be able to work unless your record is expunged.

ONCE YOU HAVE ALL YOUR PAPERWORK  Now you have to send the appropriate papers to the right places.

Step 1: File Your Application with the Court Clerk  Organize your papers into a packet in the following order:  Application Form  Certified Judgment of Sentence  Reference letters, transcripts and other supporting documents  Make five copies of the packet.  Do NOT include the money order or fingerprints.

Where to File Your Application  You must file the application in the court where you were convicted. For example, if you were convicted in Wayne County, you must file your papers there.  Take the ORIGINAL CERTIFIED COPY OF JUDGEMENT PLUS the five copies of the application to the court clerk.  You can also mail in your copies, but if you can, go in person in case the clerk has any questions about your application.

Step 2: The Court Sets a Hearing Date  The Court will fill out the Notice of Hearing on the Application.  This is the date that you must show up in court for your hearing.  The Court will keep the original copy, and return five copies to you. The copies you get back should now include the hearing date.

Step 3: Sending Out Your Paperwork  You must send out the correct paperwork to the correct places.  Not everyone gets the same thing.  The three places that get paperwork are:  Michigan State Police  Attorney General  Prosecuting Attorney

Michigan State Police Send:  The fingerprint card  The application fee ($50 or $30 Money Order)  A copy of your application (including the judgment of sentence and any supporting documents) Address:  Michigan State Police, Criminal Justice Information Center, 7150 Harris Drive, Lansing, MI 48913

The Attorney General’s Office Send:  A copy of your Application (including the judgment of sentence and any supporting documents) Address:  Attorney General’s Office, Criminal Division, PO Box 30218, East Lansing, MI 48823

The Prosecutor’s Office Send:  A copy of your Application (including the judgment of sentence and any supporting documents) Address:  Ask the court clerk for the address. You must send the application to the prosecutor in your district or county.  BEWARE !!!  If you committed an assaultive crime or serious misdemeanor, the prosecutor will notify the victim in your case. The victim has the right to make a written statement or appear in court.

Step 3: Show the Court You Sent the Copies  You should now have 2 copies of the Application.  Fill out the Proof of Service which is at the bottom of the application.

Send the Proof of Service to the Court Make sure to Make a copy for your records.

What Happens Next  The Michigan State Police (MSP) and the FBI will search your record to see if you have any other convictions.  The MSP will send a letter with a copy of your criminal record to you, to the court and to the other parties.  The letter will say if the MSP thinks you can get an expungement.  For example, if your FBI check shows more than one conviction, the MSP will tell the court you cannot get an expungement.  If the MSP says you can’t get an expungement, but you think you can, contact an attorney.

Objections from the Other Side  The prosecutor and Attorney General have a chance to object to the expungement.  For example, the prosecutor or Attorney General might object because you owe restitution or because your crime was a serious one.  If you receive an objection, talk to an attorney.

On the actual court date

Things to Keep in Mind  Dress appropriately!  Get there early so you can find the right courtroom.  Bring your copy of all the documents you sent supporting your rehabilitation. If you have more letters of support, bring the original and at least two copies (one for you and one for the prosecutor).  Most judges don’t allow witnesses, but you can bring them along if you want.

What Happens in Court  When your case is called, the judge will ask you a few questions or let you say a few words. Some judges will put you under oath.  Think about what you want to say:  Don’t minimize what you did. Accept that you made a mistake. This is NOT the time to complain that you were framed or that what you did wasn’t really that bad. The judge wants to see that you have taken responsibility.  Emphasize that a long time has passed.  Emphasize the good things you’ve done since your conviction.  The prosecutor will then respond to what you said, and may or may not object.  The judge will then decide if you get an expungement.

If the Judge Gives You the Expungement  Usually the judge will ask the prosecutor or clerk to do the paperwork if you do not have an attorney.  The clerk will send copies to the Michigan State Police so that conviction comes off your record.  It can take several weeks for the conviction to be removed from your record. Make sure to check your record again to see that it is clear.  Keep your copies of the expungement order in a safe place.

FINALLY FREE!!!

Possible Problems After Expungement: Private Companies’ Records  Some private background check companies don’t update their records very often. Therefore, it’s possible that your record will still show up in some databases.  It is illegal for a private company to reveal an expunged record, and you may have a claim for money damages against the record-keeping company.  If you lose a job or have other problems because your record shows up after it has been expunged, talk to an attorney.

Possible Problems After Expungement: OTIS  If you were ever under the supervision of the Michigan Department of Corrections, you are probably listed on the Offender Tracking and Information System (OTIS).  Many employers use OTIS to check records because the service is free.  Your name will not automatically be removed from OTIS just because you got an expungement.  You must send a copy of the expungement to the DOC in order to get your name removed.

Possible Problems After Expungement: Sex Offender Registry  Most sex offenses can’t be expunged.  If you are able to get a sex offense expunged, you will still be required to register and your crime will still show up on the Michigan Sex Offender Registry.

What If My Record Shows an Arrest, but the Case Was Dropped?  Pending cases can be reported.  However, you should try to get arrests off your record if you were not convicted, or if your case was dismissed or “nolle prossed.”  If you do not, employers will think you have charges against you.

How Do I Get an Arrest that Did Not Result in Conviction Off My Record?  You should file a Motion for Return of Fingerprints in order to get the arrest removed from your record.  Contact the court where you were prosecuted for a motion form, or get one at  Make sure to check back that the arrest was actually removed from your record.

What If My Record is Incomplete or Has Mistakes? Many records are incomplete.Many records are incomplete. E.g. The record shows you were charged with a felony but doesn’t show you were only convicted of a misdemeanor.E.g. The record shows you were charged with a felony but doesn’t show you were only convicted of a misdemeanor. Many records are inaccurate.Many records are inaccurate. E.g. The record shows a conviction for rape but you were convicted of robbery.E.g. The record shows a conviction for rape but you were convicted of robbery. Many records contain convictions that belong to someone else.Many records contain convictions that belong to someone else. Criminal record identity theft convictions: estimated 400,000 victims.Criminal record identity theft convictions: estimated 400,000 victims. ICHAT mismatches: ICHAT searches on name, gender and year of birthICHAT mismatches: ICHAT searches on name, gender and year of birth

How Do I Correct Mistakes on My Record?  If the mistakes are on your Michigan State Police record, contact the Michigan State Police at  If the mistakes are on another type of record, contact the company that produced the record.

Correcting One Record May Not be Enough  There are many types of records.  An error in one means there are probably errors in others.  Each record must be corrected separately.

How Do I Correct an Inaccurate Records?  If your record has inaccurate information about your convictions, get copies of court documents showing your actual convictions  Send the documents to the agency that produced the criminal record.

What If an Inaccurate Record Cost Me a Job?  If the inaccurate record was produced by a private company, you may have a money claim against the company.  Contact an attorney for help.

What if I can’t expunge my record, and my record accurately shows my crimes?

You Still Have Rights  Even if you have a criminal record, you still have rights.  Employers have to show you a copy of your record before denying you a job.  Employers who have a blanket policy of not hiring anyone with a record may be violating race discrimination laws. Contact the Equal Employment Opportunity Commission or Michigan Department of Civil Rights.  Laws preventing people from working in certain jobs because of their records are complicated. Talk to an attorney if you want to work in fields like long-term care, security, or education.

For more information:  Check out the Michigan Reentry Law Website:  It has lots of information on how to get and clean up your record, what your employment rights are, what your housing rights are, and other issues that affect people with records.