A conviction for a criminal offense can have lasting consequences, impacting employment opportunities, housing applications, and even professional licenses. In Michigan, individuals with certain misdemeanor convictions may have the opportunity to expunge their records and move forward with a clean slate. For those wondering if offenses listed on the Michigan 90 day misdemeanor list qualify for expungement, this article delves into the details of how expungement works and whether 90-day misdemeanors are eligible.
What Is the Michigan 90 Day Misdemeanor List?
The Michigan 90 day misdemeanor list refers to a category of minor criminal offenses punishable by a maximum of 90 days in jail. These misdemeanors are considered less severe than higher-level offenses that carry longer sentences or involve significant harm. Common examples of offenses on this list may include disorderly conduct, petty theft, simple assault, or driving without proper insurance or a valid license.
Although these charges may be perceived as minor, the consequences of a conviction can still be far-reaching. A 90-day misdemeanor conviction creates a criminal record, which may appear during background checks and limit opportunities in various aspects of life. Expungement offers an avenue to erase these offenses from public records, but eligibility criteria must be met.
What Is Expungement?
Expungement is a legal process that removes eligible criminal convictions from an individual's public record. Once a conviction is expunged, it should no longer appear on most background checks, granting individuals a fresh start. In Michigan, the Clean Slate Act, which became effective in 2021, expanded expungement opportunities for those with misdemeanors and certain felonies, providing hope for many individuals to clear their criminal records.
However, not every offense is eligible for expungement, and the process can be complex. Eligibility depends on factors such as the type of offense, the amount of time that has passed since the sentence was completed, and whether an individual has other convictions on their record.
Are 90-Day Misdemeanors Eligible for Expungement?
The good news is that many offenses on the Michigan 90 day misdemeanor list are eligible for expungement under the state’s laws. Misdemeanor convictions without aggravating factors, such as violence or repeated instances of the same crime, are more likely to qualify. For example, charges like public intoxication or driving without insurance can often be expunged after the requisite waiting period.
However, it’s important to note that certain offenses may not be eligible for expungement, even if they fall under the general 90-day classification. For instance, criminal sexual conduct misdemeanors and crimes involving child abuse or domestic violence may have restrictions. Additionally, individuals with multiple misdemeanor or felony convictions may face more stringent criteria when applying for expungement.
Timeframe for Expungement
The Clean Slate Act outlines specific waiting periods that must be met before applying for expungement. For offenses on the Michigan 90 day misdemeanor list, the waiting period is generally three years from the completion of the sentence. This includes serving any jail time, completing probation, and fulfilling restitution or fine payments.
During this waiting period, it’s important to maintain a clean criminal record. Additional convictions during this time can affect eligibility or reset the clock, delaying the chance to apply for expungement. Preparing early, by gathering all relevant documents and ensuring adherence to legal obligations, can help make the process smoother when the waiting period ends.
Steps to Seek Expungement
Applying for expungement of offenses on the Michigan 90 day misdemeanor list requires careful preparation. Below are the steps typically involved:
Obtain your criminal record: Request a copy of your record from the Michigan State Police to verify the details of your conviction and ensure it aligns with eligibility criteria.
File the application: Complete the expungement application, also known as a motion to set aside conviction, providing accurate information about the offense and demonstrating your eligibility.
Submit fingerprints: Michigan requires applicants to provide their fingerprints as part of the background check process to confirm identity and eligibility.
Attend a court hearing: After filing the application, a hearing will be scheduled where you must present your case to the judge. This is an opportunity to explain why the expungement should be granted.
Await the decision: The judge will consider your application, as well as any objections from prosecutors or victims, before making a ruling on whether to grant the expungement.
It’s highly recommended to seek legal guidance during this process, as an attorney can ensure the application is prepared correctly, address any objections, and represent your interests during the hearing.
Benefits of Expungement
For those eligible, expungement provides a clean record and several key benefits, including:
Improved employment opportunities: Expunged misdemeanor offenses will no longer appear on most background checks, which can help secure better job prospects.
Access to housing: Landlords often conduct criminal background checks as part of rental applications. An expunged record increases the likelihood of approval.
Restoring reputation: Expungement can help alleviate the social stigma associated with past convictions, allowing individuals to rebuild their personal and professional lives.
The ability to expunge offenses on the Michigan 90 day misdemeanor list can significantly reduce the burden of a criminal record and provide individuals with a fresh start.
Conclusion
In Michigan, many offenses listed on the Michigan 90 day misdemeanor list are eligible for expungement under the Clean Slate Act. This opportunity allows individuals who have served their sentence and maintained a clean record to erase past mistakes and move forward with greater freedom. If you’re considering expungement for a 90-day misdemeanor, understanding your eligibility and following the proper steps is crucial. While the process can be complex, the benefits of clearing your record make it well worth pursuing. Seeking legal guidance can streamline the application process and increase the likelihood of success, bringing you one step closer to a clean slate.
In Michigan, misdemeanors are categorized based on the severity of the offense and the potential penalties. Among these, 90-day misdemeanors are considered relatively minor, but they can still have serious implications for those accused. Understanding how offenses on the Michigan 90 day misdemeanor list are prosecuted can help defendants navigate the legal process and build an effective defense.
What Is the Michigan 90 Day Misdemeanor List?
The Michigan 90 day misdemeanor list includes offenses classified as punishable by up to 90 days in jail. While they are less severe than higher-level misdemeanors or felonies, convictions on this list can still appear on criminal records and affect aspects of life such as employment, housing, and licensing. Examples of charges that fall under this classification typically include driving without a valid license, petty theft, and disorderly conduct.
To prosecute these cases, Michigan courts rely on a well-structured process that examines the evidence, determines culpability, and imposes penalties accordingly. Each step is vital to ensure that defendants’ rights are protected and that justice is served for alleged offenses.
The Initial Arrest and Charging Process
An individual charged with an offense from the Michigan 90 day misdemeanor list typically begins their legal journey with an arrest or a citation issued by law enforcement. For example, if someone is stopped for reckless driving or for being involved in a petty theft, they may be taken into custody or given a court date for their arraignment. Law enforcement officers document the incident and compile evidence to support the charges.
Afterward, the local prosecutor evaluates the case and officially files charges. It is up to the prosecutor to determine whether there is enough evidence to pursue the case in court. If so, the defendant will be charged with the specific 90-day misdemeanor offense corresponding to the alleged behavior. At this stage, the importance of legal representation becomes evident, as an attorney can review the evidence and lay the groundwork for possible defenses.
Arraignment and Pretrial Proceedings
The arraignment represents the first appearance of the defendant in court. During this proceeding, the charges are formally read, and the defendant is given the chance to enter a plea of guilty, not guilty, or no contest. For offenses from the Michigan 90 day misdemeanor list, the defendant may also ask for legal counsel if they do not already have representation. In most cases, the individual is released on bond or subjected to minimal bail requirements.
Following the arraignment, pretrial proceedings begin. During this phase, both sides – the prosecution and the defense – exchange information about the case. This process, known as discovery, allows both parties to establish the facts they will use at trial. Additionally, pretrial motions may be filed during this phase to suppress certain evidence or to request dismissal of the charges if possible.
Plea Bargaining in 90-Day Misdemeanor Cases
Plea bargaining is a common feature of cases involving offenses from the Michigan 90 day misdemeanor list. Defendants may decide to negotiate with the prosecution to reduce their charges or penalties in exchange for a guilty plea. For instance, someone accused of disorderly conduct may have their charge reduced to a civil infraction, which carries no criminal record, rather than a misdemeanor conviction.
Plea agreements are often sought to save time and resources for both parties while also sparing the defendant the uncertainties of going to trial. However, whether to accept a plea bargain is a decision that must be carefully considered with the guidance of legal counsel, as it impacts the defendant’s record and future opportunities.
Trial Process and Sentencing
If a plea bargain is not reached or if the defendant pleads not guilty, the case proceeds to trial. For 90-day misdemeanor cases, trials are typically held in district courts in Michigan, where either a judge or a jury determines the outcome. The prosecution presents its evidence, and the defense has the opportunity to cross-examine witnesses and present counterarguments.
If the judge or jury finds the defendant guilty, sentencing follows. For offenses on the Michigan 90 day misdemeanor list, the maximum penalty includes up to 90 days in jail, applicable fines, and sometimes court-mandated rehabilitation programs or community service. Judges also have the discretion to impose less severe punishments, such as probation, depending on the circumstances of the case and the defendant’s past record.
The Role of Legal Representation
Navigating the court process for offenses on the Michigan 90 day misdemeanor list can be overwhelming. An experienced attorney plays a crucial role in safeguarding the defendant’s rights and exploring all possible options for resolving the case. From negotiating plea deals to challenging evidence during trial, a lawyer’s knowledge often makes a significant difference in the outcome.
Conclusion
Although 90-day misdemeanors are considered less severe than other criminal offenses, they are prosecuted with care and seriousness in Michigan courts. From the initial charges to sentencing, each step in the process is designed to ensure fairness while enforcing the law. If you find yourself facing charges for an offense on the Michigan 90 day misdemeanor list, seeking legal counsel is essential to protect your rights and work toward the best possible resolution of your case.
Being charged with an offense can be an overwhelming experience, even if it is classified as a minor crime. In Michigan, misdemeanors are grouped into categories based on the severity of the offense, with 90-day misdemeanors being considered relatively less severe. These offenses, often listed on the Michigan 90 day misdemeanor list, still carry penalties that can disrupt your life. If you’re charged with a 90-day misdemeanor, it’s important to understand your rights and how the legal system works in these cases.
Understanding 90-Day Misdemeanors
Offenses on the Michigan 90 day misdemeanor list are punishable by up to 90 days in jail and may also include fines, probation, or community service. Common examples include petty theft, disorderly conduct, driving without a valid license, or public intoxication. While these charges are less severe than felonies or higher-level misdemeanors, they still create a criminal record that can affect your reputation, employment opportunities, and housing applications.
Knowing your rights when accused of such offenses ensures you are treated fairly within the legal system and allows you to build a proper defense against the charges. Here are some of the fundamental rights you are entitled to when charged with a 90-day misdemeanor in Michigan.
The Right to Be Informed of the Charges
If you are accused of an offense listed on the Michigan 90 day misdemeanor list, you have the right to know the exact charges against you. This information will typically be presented during the arraignment, the first court appearance in your case. During this proceeding, the court formally reads the charges, and you are given an opportunity to enter a plea – guilty, not guilty, or no contest.
Being fully informed of the allegations against you is crucial, as it allows you to prepare your defense accordingly. If the charges are unclear or seem inaccurate, discussing the details with a legal professional can provide clarity and help correct any misunderstandings early in the process.
The Right to Legal Representation
Every individual charged with a crime, no matter how minor, has the right to legal counsel. If you cannot afford an attorney, the court can appoint one to represent you. Although a 90-day misdemeanor may not seem as significant as a felony, it’s important to have proper legal advice to navigate the case effectively.
An attorney can help challenge the evidence presented against you, negotiate plea bargains, or even seek case dismissal if your rights were violated during the investigation. This guidance can make a substantial difference in achieving a favorable outcome, even for offenses categorized on the Michigan 90 day misdemeanor list.
The Right to a Fair Trial
If your case proceeds to trial, you are entitled to a fair and impartial hearing. For 90-day misdemeanors, this often takes place in a district court and may be heard by a judge or jury, depending on your preference. As the defendant, you have the right to challenge the prosecution’s evidence, cross-examine witnesses, and present your own evidence or testimony to support your case.
Additionally, it is the prosecution’s responsibility to prove your guilt beyond a reasonable doubt. If there is any insufficient or questionable evidence related to the offense you’re charged with, this high standard of proof provides protection against wrongful conviction.
The Right Against Unlawful Searches and Seizures
Another critical right for individuals charged with offenses on the Michigan 90 day misdemeanor list is protection against unlawful searches and seizures. Law enforcement must abide by constitutional guidelines when gathering evidence. If they conducted a search of your property or possessions without a proper warrant or probable cause, the evidence obtained could be deemed inadmissible in court.
By asserting your rights in such cases, you can challenge the validity of the evidence and potentially have the charges against you reduced or dismissed. It’s essential to discuss the procedures used during your arrest and investigation with your attorney to ensure your constitutional rights were not violated.
The Right to Appeal
If you are convicted of a misdemeanor listed on the Michigan 90 day misdemeanor list and believe there was an error during your trial, you have the right to appeal the decision. The appellate court will review the proceedings to determine whether any legal mistakes significantly affected the trial’s outcome.
Appeals can be complex and often require the knowledge of a legal professional to file the appropriate motions and compile a comprehensive argument. If successful, an appeal could lead to a new trial, a reduced sentence, or the overturning of the conviction altogether.
Conclusion
While offenses on the Michigan 90 day misdemeanor list are considered less severe than other crimes, the consequences of a conviction can still have lasting effects. Understanding your rights throughout the legal process is crucial to ensuring fair treatment and securing the best possible outcome for your case.
From the right to legal counsel to the protection of a fair trial, these rights are designed to safeguard individuals as they navigate the complexities of the Michigan legal system. If you’ve been charged with a 90-day misdemeanor, exercising these rights and seeking legal assistance can help you effectively address the charges and move forward with your life.
Paul J Tafelski, Michigan Defense Law | Criminal Attorney and DUI Lawyer
2525 S Telegraph Rd suite 100, Bloomfield Hills, MI 48302, United States
(248) 451-2200