Vacating a Felony Has Its Advantages

by | Dec 28, 2015 | Criminal Defense | 0 comments

felon meeting with attorney to vacate convictionCertain individuals who have been convicted of a felony can seek to have that felony vacated if they were convicted at least five years ago. The vacation of that felony will mean that the convicted person will no longer be expected to make mention of it on applications for housing, jobs, or other important life activities. The procedure involved with requesting to vacate a felony is very clear-cut, and any Michigan criminal defense attorney will likely have the skills necessary to assist felons with completing the process.

In Michigan, individuals who were convicted of a felony (which is a crime that carries a sentence of at least one year in prison) can seek to have that felony removed from their criminal records once a specific amount of time has elapsed. The process of removing that information is known as “vacating a felony,” and according to a Michigan criminal defense attorney, certain felons who were convicted at least five years ago might be eligible.

Who Can Ask to Have a Felony Conviction Vacated?

To be clear, the vacation of a felony is not available to all felons. However, persons who weren’t convicted of the most serious type of felony (a Class A), or a serious violent crime or a crime against persons might be eligible.

Additionally, individuals who were convicted of a Class B felony (at least 10 years ago) or a Class C felony that was at least 5 years ago can ask to have their felonies vacated. Also, those felons who don’t have pending criminal charges and haven’t been convicted of a new crime since the date noted on their Certificate of Discharge can ask a Michigan criminal defense attorney to help them with getting their felony vacated.

The Steps to Vacate a Felony Conviction

Step #1: Gather all necessary documentation. The individual seeking to vacate the felony will need:

  • The Certificate of Discharge for the conviction in question
  • A copy of his or her criminal background check from Washington State Patrol
  • A copy of the judgment and sentence for the conviction at issue

Step #2: Have a Michigan criminal defense attorney create all required court documents needed to get the judge to consider the request. Such documents include:

  • The form that formally requests the vacation known as a “Motion to Vacate the Conviction”
  • A declaration in support of the Motion to Vacate
  • An Order to Vacate the Conviction

Step #3: Get a date on the hearing calendar at the court that initially sentenced the felon, and inform the prosecuting attorney who took part in the case. Please note that according to criminal defense attorneys who practice in this area of law, this process can vary from court to court, so it�s always best to contact the court clerk and ask questions about their specific rules regarding the scheduling of hearings and notification of the prosecuting attorney.

Once all of the above-mentioned steps have taken place, the court will make its determination of whether or not to accept the request and clear the felon’s record.

Speak With an Experienced Criminal Defense Attorney

Chris Trainor is a top-rated Michigan criminal defense attorney who firmly believes in helping all individuals and providing them with the effective and skilled legal representation that they deserve. With 20+ years of serving Michigan residents, our knowledgeable criminal defense attorneys have recuperated over $200 million for our clients through thousands of cases. If you would like to receive more information about vacating a felony, contact Michigan DUI lawyer, Chris Trainor.

Christopher Trainor and Associates Featured on WXYZ

Recently Christopher Trainor and Associates was featured on WXYZ 7 Action News in Detroit regarding a client's case against the Detroit Police Department in which the client was wrongly arrested and held in jail. The full article and can be found on the WXYZ website.

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