How to Expunge a Marijuana Record in Michigan

How to Expunge a Marijuana Record in Michigan

Scott Dylan Westerlund
Scott Dylan Westerlund
 | 
Michigan made moves to legalize marijuana years ago, yet 250,000 Michigan residents are still plagued by marijuana convictions from their past. Are you one of them?

If so, then you’re likely wondering why you’re still getting punished for an act that’s now considered legal. You’re also probably wondering if there’s any way to clear a marijuana record in Michigan now. Thankfully, we’ve got some great news for you! You can expunge a marijuana charge and erase your criminal record through our state’s expungement process.

What is Expungement?

So, what exactly is an expungement in Michigan? In legal terms, an expungement means literally erasing a previous criminal offense from a person’s record. The process makes it so that the crime never happened in the legal sense. The crime and your involvement in it suddenly get erased from the public record.

At this point, you might be thinking that expunging your record seems too good to be true. Despite that, we’re here to reassure you that it is a real possibility for individuals who’ve been convicted of crimes. It’s important to understand, though, that not all crimes can get expunged in Michigan. Courts will not erase the following offenses:
• Assault or violent crimes
• Crimes of dishonesty (forgery, counterfeiting)
• Serious misdemeanors
• Crimes that involved a minor
• Human trafficking
• Crimes that caused serious impairment or injury
• Crimes involving a vulnerable adult
• Crimes that are punishable by 10 or more years in prison

On top of that, you can’t expunge your record if you’ve been convicted of multiple crimes or you’re considered a repeat offender.

Can You Expunge a Marijuana Record in Michigan? (Hint: Yes!)


So, can you expunge a marijuana record in Michigan? In most situations, you can! So long as your crime doesn’t involve the stipulations mentioned above, then there’s a good chance that Michigan courts will grant an expungement when you’ve been living crime-free for a period of time.

So, how do you get started? Just last year, Governor Whitmer signed new bills into law that impact the expungement process. Now, it’s even easier to expunge marijuana-related convictions that weren’t eligible for expungement before. On top of that, some marijuana expungements will now be automatic rather than discretionary. You’re also able to expunge more than the traditional amount of marijuana-related crimes.

First, you need to wait two years from when you were convicted of the marijuana claim. You also need to attempt to live crime-free during this time, too. Once you’ve met those requirements, it’s a good idea to speak with an expungement attorney. They’ll help you determine if you’re eligible to file for expungement.

After you confirm that you’re eligible, it’s time to get an expungement application from your local courtroom. Complete and sign the application and gather up all your important records. Submit everything to your local court clerk. Then, you’ll be informed about a scheduled hearing that you’ll need to attend. During this hearing, you’ll have an opportunity to explain everything to a judge. Bring any evidence you want to show, witnesses to the crime, and documentation.

Once your case gets called, do your best to explain why your marijuana offense should get set aside. After you’re done, the judge will make a decision on your application. Your expungement will either get approved or denied. If approved, then you’ll get a copy of your expungement order before you leave the courtroom. It’s also a good idea to ask your court clerk if they’ll send over the order to the Michigan State Police. If they won’t, then you’ll need to take this step yourself.

Are You Ready For a Fresh Start?

A marijuana record is more than just an inconvenience. It can destroy your potential employment opportunities, lead to fewer educational opportunities, and even result in getting rejected for loans or government benefits. Those collateral consequences simply aren’t fair or just in Michigan in 2021.

If you’re ready to blot out that negative stigma, then you need to exercise your right to expunge your marijuana charge. After reading this, you should have a better idea of how to expunge a marijuana record in Michigan. Rather than waiting for the world to change, act now and erase your criminal record for good!

Are you looking for a skilled criminal attorney in Michigan to assist with the process? That’s where we come in! Type in “expungement” on our lawyer search bar now and enter in your zip code. Once you do, you’ll discover some of the top attorneys in your area.


This article is intended to convey generally useful information only and does not constitute legal advice. Any opinions expressed are solely those of the author, not LawChamps.

 
Scott Dylan Westerlund

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