Former Michigan Prosecutor | Jonathan Andrew Paul
  • Crimes
    • Domestic Violence
    • Retail Fraud
    • Drug Offenses
    • Assaultive
    • College/Tailgate Offenses >
      • Minor in Possession
      • Ann Arbor MIP
      • Ann Arbor Fake ID
      • Ann Arbor UIP
      • Ann Arbor Open Container
    • Resisting Arrest
    • Handling a Traffic Ticket
    • Careless/Reckless Driving
    • Early Discharge Probation
    • Larceny
    • Malicious Destruction of Property
    • Embezzlement
    • Juvenile Charges
  • Drunk Driving
    • Evidence >
      • Chemical Tests >
        • Implied Consent Law
        • Independent Chemical Test
        • Single Car Accident | DUI Defense
        • Effects of Body Temperature
        • Cross-Examining the DataMaster
        • Blood Testing 101
        • Impact of Methyl Alcohol/Paraldehyde
        • Radio Frequency Issues w/DataMaster
      • Right to Counsel
      • Preliminary Breath Test (PBT)
      • Field Sobriety Tests
      • Police Traffic Stop >
        • Sleeping in Car Defense
        • Cross-Examination - The Not Driving Defense
      • Police Statements
    • DUI Consequences >
      • Ignition Interlock
      • Restitution
      • Vehicle Immobilization
      • Travel Restrictions
      • Child Custody
      • Employment/Education
      • Traveling to Canada?
      • Vehicle Forfeiture
      • Civil Liability
      • Commercial Driver's License
    • DUI Trial Guide >
      • Jury Selection
      • Opening Statement
      • Cross-Examination
      • Closing Argument
      • Jury vs Bench Trial
    • Setting Bond >
      • Alcohol/Drug Testing Part #1
      • Alcohol/Drug Testing Part #2
      • Posting Bond
    • DUI Offenses >
      • Operating While Intoxicated
      • Operating While Visibly Impaired
      • Super Drunk/High BAC
      • Operating Presence of Controlled Substance
      • Child Endangerment
      • Felony Drunk Driving
      • DUI Under 21 Years Old
      • DUI Causing Injury/Death
    • Sobriety Court
    • DUI Pardons
  • Courts
    • Oakland County >
      • Novi >
        • Proactive Criminal Defense at the 52-1 District Court
      • Troy
      • Southfield
      • Royal Oak/Berkley
      • Rochester Hills
      • Farmington Hills
      • Bloomfield Hills/Birmingham
      • Waterford
      • Clarkston
      • Oak Park
      • Pontiac
      • Ferndale/Hazel Park/Madison Heights
    • Wayne County >
      • More Courts >
        • Allen Park
        • Dearborn Heights
        • Detroit
        • Ecorse
        • Hamtramck
        • Harper Woods
        • Highland
        • Lincoln Park
        • Redford
        • Southgate
        • Taylor
        • Woodhaven
        • Wyandotte
      • Plymouth >
        • Proactive Criminal Defense at the 35th District Court
      • Northville
      • Canton
      • Romulus
      • Livonia
      • Dearborn
      • Grosse Pointe
      • Westland
    • Macomb County >
      • Center Line
      • Clinton Township
      • Eastpointe
      • Fraser
      • New Baltimore
      • Romeo
      • Roseville
      • Shelby Township
      • Sterling Heights
      • St. Clair Shores
      • Warren
    • Washtenaw County >
      • Proactive Washtenaw County Criminal Defense
      • Ann Arbor
      • Chelsea
      • Pittsfield Township
      • Saline
      • Ypsilanti 14-A
      • Ypsilanti 14-B
    • Jackson County
    • Lenawee County
    • Livingston County
    • Monroe County
    • East Lansing
  • Hiring a Super Lawyer
  • Our Team
  • Expungement
  • 5-Star DUI Defense
  • Legal Guides
    • FAQ
    • DUI Expungement
    • Blog
    • Arrested in Michigan? NOW WHAT!
    • Being Investigated?
    • 18 Key Questions for DUI's
    • Michigan License Restoration
  • Proactive Defense
  • Client Reviews
  • Inside the Prosecutor Mind
    • Drunk Driving >
      • OWI First Offense
      • OWI Second Offense
      • OWI Third Offense
      • Field Sobriety Tests
      • Chemical Tests
      • Implied Consent
      • Hardship License
      • Sobriety Court
    • Expungement
    • Assault/DV Charges >
      • Domestic Violence
      • Misdemeanor Assault
      • Felonious Assault
    • Theft Offenses >
      • Retail Fraud
      • Embezzlement
      • Larceny
    • College Offenses >
      • Open Container
      • Minor in Possession (MIP)
      • Urinating in Public
      • Fake ID
    • Drug Charges >
      • Possession of Marijuana
      • Felony Drug Possession
    • Driving - Traffic >
      • Reckless Careless Driving
      • Driving While License Suspended
      • Leaving Scene of Accident
    • Disorderly Conduct
    • Probation Violation
    • Resisting Arrest
    • Malicious Destruction of Property
    • Travel Requests
    • Bond Violations
  • Contact Me
  • LinkedIn Resume

Michigan Expungement - what the prosecutor thinks about you erasing your criminal record, and what we can do to secure consensus

5/8/2018

 
Picture
As a former county prosecutor in Michigan, I would typically adopt the position of the Michigan Attorney General who reviews the expungement application and either takes no position or opposes the expungement.  For most misdemeanors, it was quite rare that the Attorney General would oppose the motion for expungement, but it did happen on some occasions.   If someone is eligible and has not re-offended, the State is pretty good about being on board with a fresh start, but it's by no means a lock. 

If a victim was involved it wasn't as clear cut, especially if that victim is still motivated to punish the person with the conviction.  If the application for expungement was for a felony, it was a closer call, but if the person successfully completed probation, has not re-offended since the offense, the Michigan Attorney General would usually leave it up to the judge to decide.  Most judges as long as nobody is opposing it will typically grant the expungement, but it must be done right from step one.  That means preparing for everything.  

In the expungement process, the Michigan State Police will produce a review of the applicant's record for eligibility; the Michigan Attorney General receives this information and decides their position then the county/city/township prosecutor will review the Attorney General's position. 

Based on my experience as a prosecutor, I have adopted a different, more advanced approach for clients who want to apply for expungement.  We follow the same necessary procedure, but we go above and beyond what is necessary; we do more than what was is expected, because we understand that a judging granting expungement is a privilege rather than a right.  The judge must decide "is this expungement in the best interest of the community?" 

Other than showing the client has not re-offended, I may have my client get re-evaluated by a counselor to provide a real-time update for the prosecutor and judge.   I may have the client jump into some additional community service as we highlight all the positive strides the client has made since the incident.  I want records of achievements in school, work and life; if the client has been married or had children since the incident, these are key points to bring to the court's attention. 

It's my goal to show how the client has grown, learned and improved themselves since the incident; we need to do more than just show they are eligible and haven't been in trouble since the incident.  This is your shot at a clean slate and to forego living life as a criminal.  I make it clear upfront to a potential client that I am going to make them hustle and work harder than other attorneys. 

Some potential clients don't like this process, because they believe the passing of time is enough to justify the result.  I know as a prosecutor that it's not as straight forward as some clients believe, and we work to earn the result, and don't assume a single thing.   I will only take on a new expungement case if the client understands we will be doing extra work, which is not required, but it is required with me.  


Comments are closed.
    top criminal lawyer michigan, metro detroit, northville, plymouth attorney
    Jonathan Andrew PaulReviewsout of 164 reviews

    Call Me Today
    248-924-9458
    ​
    Email Me

    Picture
    Picture
    Picture
    Picture
    Picture
    Picture
    Picture
    Picture

    Search the Blog

    Blog Posts

    - The Michigan Retrograde Extrapolation Guide

    - Selecting an Ann Arbor Criminal Defense Lawyer

    - Selecting an Oakland County Criminal Defense Lawyer

    - Drunk Driving Consults

    - The One Question Your Michigan Criminal Defense Lawyer Should not be Able to Answer

    - Are the police allowed to follow me home from a bar?

    - Is it illegal to smoke weed and drive a car in Michigan? What's the legal limit for pot?

    - Michigan Police Confessions 101

    - Michigan 7411 Drug Crimes

    - FAQ: Shoplifting in Michigan

    - Michigan HYTA Eligibility

    - Can I be on probation while    away at college?

    - What is a Deferred Judgment of Guilt?

    - Michigan CDL Alcohol Penalties 

    - Ann Arbor Arrested for Fake ID, Urinating in Public, Minor in Possession, Open Container

    - Should I Admit to Drinking Alcohol?

    - Arrested for Minor in Possession in Ann Arbor?

    - Michigan DUI Probation Violation Hearings

    - How To: Claiming Self Defense at Trial 

    - Michigan Sex Offender FAQ

    - Should I use the Public Defender?

    - Washtenaw County Felony OWI Options

    - Handling a Michigan traffic ticket

    - How to beat a Careless Driving Charge

    - Hiring a Wayne County Criminal Defense Lawyer

    - Michigan DUI Concealed Weapon Permit

    - What's a Michigan Preliminary Examination?

    Neighbor Disputes

    - Can I Remove my GPS Tether?

    - Vehicle forfeitures 
     - Will I lose my license for a drug charge?

    - Michigan Driver's Responsibility Fees

    - Falsely Accused on Domestic Violence
    - 48th District Court Prosecutors 
    - Am I eligible for expungement with two convictions?
Representing clients in Ann Arbor, Canton, Brighton, Howell, Saline, Adrian, Taylor, Plymouth, Northville, Westland, Ypsilanti, Pittsfield Towsnhip, Warren, Sterling Heights, Farmington, Pontiac, Romulus, Lansing, Novi, South Lyon, Southfield, Birmingham, Bloomfield Hills, Royal Oak, Troy, Rochester, Jackson, East Lansing, Garden City, Livonia, Dearborn, Detroit, St Clair Shores, Hazel Park, Ferndale, Madison Heights, Waterford, Milford, Shelby Township Clarkston, Oak Park, Berkley, Fraser, Sterling Heights, Clinton Township and others throughout Washtenaw, Wayne, Monroe, Jackson,  Macomb, Ingham, Lenawee, Livingston, Oakland County & Northern Michigan 

Representing clients faced with DUI/drunk driving, retail fraud, possession of marijuana, domestic violence, MIP/in possession and other misdemeanor and felony charges. 
Picture

Evening & Weekend Service Available Call Me: 248-924-9458

Michigan Defense Attorney Jonathan Paul - Former New York & Michigan Prosecutor