CLEARING YOUR

CRIMINAL RECORD
Why Is My Criminal Record
Important?
 Harder to get a job.
 Many employers ask about criminal
records and refuse to hire people who
have records.
 Some jobs are off-limits to people with
certain convictions.
One of the Most Important
Things You Can Do is….
 Find out exactly what is on
your criminal record.
 Helps you answer
questions about your
record accurately.
 Lets you correct
mistakes.
 Lets you see if you can
get an expungement.
What Kind of Criminal
Records Are There?
 Michigan State Police: Internet Criminal
History Access Tool
 Local police records
 Department of Corrections: Offender
Tracking and Information System
 Private background screening companies
 FBI fingerprint records
How Do I Get a Copy of My
Record?
 From an employer or landlord, if you get turned
down for a job or housing because of your record.
 From your most recent criminal defense attorney.
 From a record-keeping agency.
 If you have convictions only in MI, get your ICHAT
record.
 If you have convictions in other states, get your record
from the FBI or private record company.
Can I See a Copy of the
Record the Employer Used
to Deny Me a Job?
 Yes. If the employer used a credit
reporting agency to get your record, the
employer MUST show you your record
BEFORE denying you a job.
 Failure to show you the record violates the
law.
 The company that prepared the record
must also give you a copy.
Getting ICHAT Records
 Michigan State Police’s Internet Criminal
History Access Tool: www.michigan.gov/msp.
Then click on “ICHAT.”
 Costs $10 with credit card.
 Click on “FAQs” on this website for information
about how to get your record for free.
 Michigan convictions only.
What does an ICHAT
record look like?
Getting FBI records
 If you have out-of-state convictions, get your
record from the FBI.
 Go to: www.fbi.gov/hq/cjisd/fprequest.htm for
complete instructions.
 Send fingerprints, cover letter and $18 to:    FBI
CJIS Division – Record Request
         1000 Custer Hollow Road
         Clarksburg, West Virginia 26306
 If you can’t afford $18, send a notarized statement
explaining that you don’t have the money.
How Long Will My
Convictions Show Up on My
Criminal Record?
 Forever, unless your conviction
is expunged.
 Convictions do not
automatically drop off your
record over time.
 In most cases, once you have a
conviction, it will stay on your
record for the rest of your life.
 EXPUNGEMENT:
What does this really mean?
 If your conviction is 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 keep your record on
file in case you commit another crime.
 Expungement –
Who is eligible?
 1 conviction only (EVER IN LIFE!)
 Always check your record before you apply to make
sure you have just one conviction.
 You CANNOT get an expungement if:
 You have two or more felonies.
 You have at least one felony and at least one
misdemeanor.
 You have two or more misdemeanors.
 You can have ONLY ONE conviction on your
record.
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.
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.
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
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.
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.
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.
Cases Where You Want to Work
With an Attorney To Apply for
Expungement:

 If you still owe a lot of restitution.

 If you are trying to expunge a serious crime, a sex
offense (like CSC 4), or child abuse.
 If you think the victim in your case will object.
 If you are trying to expunge an adult conviction, but
you also have juvenile adjudications.
 If you are trying to expunge a juvenile adjudication,
but you also have adult convictions.
How To Apply For
Expungement On Your Own
 Follow the steps we’ll go through today.
 Use the forms and directions in the
expungement packet, “Is Your Record
Holding You Back?”
 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.
 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.
 Step 3:
Fill out the Expungement
Application
 Fill out the expungement application.
 For an adult conviction, use Court Form MC 227.
 For a juvenile adjudication, use 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.
 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.
 Step 5:
Show you have rehabilitated
yourself.
 Many judges want proof that you have
rehabilitated yourself.
 The more serious and more recent your
crime, the more proof of rehabilitation
you will need.
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.
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.
 ONCE YOU HAVE ALL
YOUR PAPERWORK

 Now you have to send the appropriate papers

to the right places.
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.
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.
 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. The copies you get
back should now include the hearing date.
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
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
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
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.
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.
Send the Proof of Service to
the Court
Make sure to Make a copy for your
records.
What Happens Next
 The Michigan State Police (MSP) and the FBI will
search your record to see if you have any other
convictions.
 The MSP 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 the MSP thinks you can get an
expungement.
 For example, if your FBI check shows more than one
conviction, the MSP will tell the court you cannot get an
expungement.
 If the MSP says you can’t get an expungement, but you think
you can, contact an attorney.
Objections from the Other
Side
 The prosecutor and Attorney General
have a chance to object to the
expungement.
 For example, the prosecutor or Attorney
General might object because you owe
restitution or because your crime was a
serious one.
 If you receive an objection, talk to an
attorney.
On the actual court date
 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 the original and
at least two copies (one for you and one for the
prosecutor).
 Most judges don’t allow witnesses, but you can
bring them along if you want.
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.
This is NOT the time to complain that you were framed or that
what you did wasn’t really that bad. The judge wants to see
that you have taken responsibility.
 Emphasize that a long time has passed.
 Emphasize the good things you’ve done since your conviction.
 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.
If the Judge Gives You the
Expungement
 Usually the judge will ask the prosecutor or
clerk to do the paperwork if you do not 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 order in
a safe place.
FINALLY FREE!!!
Possible Problems After
Expungement: Private
Companies’ Records
 Some private background check companies
don’t update their records very often.
Therefore, it’s possible that your record will still
show up in some databases.
 It is illegal for a private company to reveal an
expunged record, and you may have a claim
for money damages against the record-keeping
company.
 If you lose a job or have other problems
because your record shows up after it has
been expunged, talk to an attorney.
Possible Problems After
Expungement: OTIS
 If you were ever under the supervision of the
Michigan Department of Corrections, you are
probably listed on the Offender Tracking and
Information System (OTIS).
 Many employers use OTIS to check records
because the service is free.
 Your name will not automatically be removed
from OTIS just because you got an
expungement.
 You must send a copy of the expungement to
the DOC in order to get your name removed.
Possible Problems After
Expungement: Sex Offender
Registry
 Most sex offenses can’t be expunged.
 If you are able to get a sex offense
expunged, you will still be required to
register and your crime will still show up
on the Michigan Sex Offender Registry.
What If My Record Shows an
Arrest, but the Case Was
Dropped?
 Pending cases can be reported.
 However, you should try to get arrests off
your record if you were not convicted, or
if your case was dismissed or “nolle
prossed.”
 If you do not, employers will think you
have charges against you.
How Do I Get an Arrest that Did
Not Result in Conviction Off My
Record?
 You should file a Motion for Return of
Fingerprints in order to get the arrest
removed from your record.
 Contact the court where you were
prosecuted for a motion form, or get one
at http://reentry.mplp.org.
 Make sure to check back that the arrest
was actually removed from your record.
What If My Record is
Incomplete or Has
Mistakes?
• Many records are incomplete.
• E.g. The record shows you were charged with a felony but
doesn’t show you were only convicted of a misdemeanor.
• Many records are inaccurate.
• E.g. The record shows a conviction for rape but you were
convicted of robbery.
• Many records contain convictions that belong to
someone else.
• Criminal record identity theft convictions: estimated
400,000 victims.
• ICHAT mismatches: ICHAT searches on name, gender
and year of birth
How Do I Correct Mistakes
on My Record?
 If the mistakes are on your Michigan
State Police record, contact the Michigan
State Police at 517-322-5531.
 If the mistakes are on another type of
record, contact the company that
produced the record.
 Correcting One Record
May Not be Enough
 There are many types of records.
 An error in one means there are probably
errors in others.
 Each record must be corrected
separately.
How Do I Correct an Inaccurate
Records?
 If your record has inaccurate information
about your convictions, get copies of
court documents showing your actual
convictions
 Send the documents to the agency that
produced the criminal record.
What If an Inaccurate Record
Cost Me a Job?

 If the inaccurate record was produced by

a private company, you may have a
money claim against the company.
 Contact an attorney for help.
 What if I can’t expunge my record,
and my record accurately shows my
crimes?
You Still Have Rights
 Even if you have a criminal record, you still have rights.
 Employers have to show you a copy of your record
before denying you a job.
 Employers who have a blanket policy of not hiring
anyone with a record may be violating race
discrimination laws. Contact the Equal Employment
Opportunity Commission or Michigan Department of
Civil 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.
For more information:

 Check out the Michigan Reentry Law

Website: http://reentry.mplp.org
 It has lots of information on how to get
and clean up your record, what your
employment rights are, what your
housing rights are, and other issues that
affect people with records.