1. CLEARING YOUR CRIMINAL RECORD

2. FIRST THINGS FIRST  GET A COPY OF YOUR CRIMINAL RECORD TO MAKE SURE EVERYTHING IS ACCURATE.  YOU SHOULD CHECK THAT CHARGES WHICH WERE DROPPED DO NOT SHOW UP. IF CASES WERE DISMISSED OR SEALED, THEY SHOULDN’T BE THERE EITHER.

3. How Do You Get Your Criminal Record?  Michigan State Police: Internet Criminal History Access Tool (ICHAT)  For a free copy of your record, click on FAQs.  FBI fingerprint records  Department of Corrections: Offender Tracking and Information System (OTIS)  Local police records  Private background screening companies

4. What does an ICHAT record look like?

5. EXPUNGEMENTS

6. EXPUNGEMENT: What does this really mean?  When you have a conviction 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 always keep your record on file in case you commit another crime.

7. Expungement – Who is eligible?  1 conviction only (EVER IN LIFE!)  If you have two felonies, or one felony and one misdemeanor, or two misdemeanors, you cannot get an expungement. You can have ONLY ONE conviction on your record.

8. When to talk to an attorney to see if you are eligible:  If you are trying to expunge an adult conviction and you only have one adult conviction, but you also have juvenile adjudications.  If you are trying to expunge a juvenile adjudication and you only have one juvenile adjudication, but you also have adult convictions.  If your second conviction is for a very minor crime (like being a minor in possession of alcohol).

9. 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.

10. 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.

11. 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

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. Step 3: Fill out the Expungement Application  To expunge an adult conviction, you must fill out Court Form MC 227.  To expunge a juvenile adjudication, you must fill out 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.

19. 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.

20. Step 5: Show you have rehabilitated yourself.  Different judges handle expungement hearings differently.  Some judges will usually grant expungements.  Other judges want proof that you have rehabilitated yourself.  The more serious and more recent your crime, the more proof of rehabilitation you will need.

21. 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.

22. 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.

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

24. 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.

25. 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.

26. 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 which now include the hearing date.

27. 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

28. 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

29. 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

30. 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.

31. 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.

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

33. What Happens Next  The Michigan State Police and the FBI will search your record to see if you have any other convictions.  They 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 they think you can get an expungement. For example, if your FBI check shows more than one conviction, they will tell the court you cannot get an expungement.  The prosecutor and attorney general have a chance to object to the expungement. If you receive an objection, talk to an attorney.

34. On the actual court date

35. 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 those.  Most judges don’t allow witnesses, but you can bring them along if you want.

36. 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.  Emphasize that a long time has passed.  Emphasize the good things you’ve done since then.  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.

37. If the Judge Gives You the Expungement  Usually the judge will ask the prosecutor or clerk to do the paperwork unless you 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 in a safe place.

38. Things to be aware of !!

39. Possible Problems After Expungement  Some private background check companies don’t update their records very often. However, it is illegal for them to show an expunged record. If your record still shows up, talk to an attorney.  If you are listed on OTIS, you must send a copy of the expungement to the DOC in order to get your name removed.  If you are listed on the Sex Offender Registry, your name will remain on the registry, even if your case is expunged.

40. FINALLY FREE!!!

41. CLEANING UP RECORDS: RECORD INACCURACY Many records are inaccurate.Many records are inaccurate. 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

42. Correcting Inaccurate Records: Step 1  First determine what record was used.  Michigan State Police ICHAT  Local Police  Michigan Department of Corrections OTIS  Private Screening Company  FBI  Error in one means likely that there are errors in others too.

43. Correcting Inaccurate Records: Step 2  Determine what type of error there is:  Inaccurate information about your convictions or missing disposition  Arrest that did not lead to conviction  Conviction that doesn’t belong to you!

44. Correcting Inaccurate Records: Incorrect Information about your Convictions  Get copies of court documents showing actual convictions  Send documents to agency that produced the criminal record.

45. Correcting Inaccurate Records: Reporting of Arrests Not Leading to Conviction  Pending cases can be reported.  Individuals who are arrested and not charged, or who are found not guilty should file a motion for return of fingerprints to get this information off their record.  This information often shows up on ICHAT.

47. Correcting Inaccurate Records: Conviction Doesn’t Belong to You!  For ICHAT records: you must get fingerprinted and do a record challenge.  For OTIS records: it may require amendment of judgment of sentence. Contact MDOC.  For private records: first correct ICHAT record and then demand correction from private company.  For FBI records: must clear in the state where the conviction occurred.

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

49. You Still Have Rights  Even if you have a criminal record, you still have 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.  If you have a old and minor record, you may be able to file a race discrimination claim if you are denied a job.  Many people with older or minor records can get into subsidized housing.

50. For more information:  Check out the Michigan Reentry Law Website: http://reentry.mplp.org http://reentry.mplp.org  It has lots of information on how to get your record, your employment rights, your housing rights, and other issues that affect people with records.