Michigan’s Clean Slate legislation allows individuals to have prior convictions set aside. A process to automatically set aside certain convictions is included in the legislation. The Michigan State Police will now search the Criminal History Record database daily. The new procedure started April 11, 2023. Eligible convictions will be automatically set aside and every court in the state will be notified on a daily basis.
The criteria for automatic expungement is as follows:
Misdemeanors punishable by less than 92 days and imprisonment after 7 years
Misdemeanors punishable by 93 days or more and imprisonment after 7 years
Felonies after 10 years
Safe & Justice Michigan, a nonprofit criminal justice advocacy group, recommends running a $10 criminal background check on yourself through the Michigan State Police’s ICHAT service.
Assaultive crimes, serious misdemeanors, and offenses punishable by 10 or more years in prison are not eligible for automatic expungement.
Bankruptcy is a federal court process designed to help you either eliminate your debts or begin to repay them under court supervision. Declaring bankruptcy provides an opportunity to get a fresh financial start when you are struggling with an overwhelming amount of bills.
The most common type of personal bankruptcy is called Chapter 7 and the process can take 4-6 months to complete. The first step is to file a petition for bankruptcy. Once creditors are made aware that you have filed, they must immediately cease all collection efforts. The courts will mail them a notice of your petition. You can also contact your creditors directly and provide them with your case number.
A month or more after filing your bankruptcy petition you are required to attend a Federal Court hearing. Unless a creditor or a United States Trustee objects, you will only make one court appearance. These appearances can now be done by Zoom.
A bankruptcy will be listed on your credit report and there are costs to file. The ability to get credit again soon is limited but generally, within two years your credit score can improve dramatically.
Filing for personal bankruptcy can be a difficult decision to make, but it can be the right one for people struggling with burdensome debt.
Probate refers to the court supervised distribution of a deceased person’s assets as described in their will. The probate process starts with a Petition to the Court asking for validation of the will and the naming of a personal representative or executor. The court then issues Letters of Authority for the personal representative giving them legal standing to do the following:
1. Prepare an inventory of the assets 2. Pay all debts and close accounts 3. Prepare and file tax returns for the deceased 4. Provide an accounting to the beneficiaries and the court 5. Distribute the assets as directed in the will
This is a general overview of the requirements to probate an estate. The process can be completed as quickly as 4 months but, in some cases, may take longer. The selling of assets, such as a home, boats or cars may slow the process down. A lack of documentation is another reason probate may take longer.
Proper planning is essential to make the process go smoothly. If you have questions about the probate process please contact our office.
Riparian is an adjective that describes all things related to riverbanks or shorelines
Property owners who own land that includes the shoreline of a river or lake have riparian property rights.
Property owners with riparian rights may: • Access the water from their property • Install a dock from the shore of their property
It’s important to note there are limitations to those riparian rights. Court rulings make clear that riparian property owners may not encroach on another’s property or infringe on others use of the lake.
Riparian property owners may not: • Install a dock that interferes with the riparian rights of neighboring property owners • Restrict the use of the lake or stream by members of the public • Construct a seawall without a DEQ permit • Alter or modify their riparian shoreline or remove aquatic plants without a DEQ permit
Lake/river access and use can become contentious when property owners are not clear about their riparian rights. Those considering purchasing waterfront property are advised to become familiar with the riparian property rights.
After you make a power of attorney, you can revoke it at any time. There are a variety of situations that would require you to do so. For example, the person named in your power of attorney is no longer able to serve. Your name has changed because of marriage or divorce. You lost the document or have moved to another state.
There are two ways to revoke your power of attorney. Prepare and sign a document called Notice of Revocation or destroy all existing copies of the document. The first method is preferable, because it creates proof that you really revoked the power of attorney.
The next step is to notify the former attorney-in-fact and all the institutions and people who have dealt or might deal with the former attorney-in-fact. This might include places like banks, Social Security offices, insurance companies and pension fund administrators.
In summary, once you create a power of attorney, the legal burden is on you to be sure everyone knows you have revoked it.
“The pandemic was not the disruption courts wanted, but it is the disruption the courts needed.” –National Conference of Chief Justices and State Court Administrators
The outbreak of COVID-19 forced all of us to change our habits, the legal community included. In order to administer justice and advocate for clients remotely, Zoom court hearings and electronic court filings were allowed during the public health emergency.
Once in place the legal community quickly realized the benefits of these digital tools. The costs of coming to court, i.e., transportation, childcare, lost wages and travel time were no longer a burden to clients. Attorneys benefitted from reduced travel time and long waits in court. Judges saw increased participation and were able to efficiently move through their dockets. The proven success of these digital tools makes them poised to be permanent fixtures of the legal system and this will be another step forward in modernizing our civil courts.
When buying or selling real property, you’ll hear references to title work. This refers to the research undertaken to ensure a property’s title is marketable.
The word marketable, in this case, means no one else has a claim to the property, either by ownership or by a lien put on for unpaid taxes or mortgage payments. Title work is prepared to ensure the title is marketable.
In a typical real estate transaction, the seller pays a title company to prepare the title work. The title company then prepares an Owner’s Title commitment which is provided to both the seller and purchaser. The parties must then fulfill all requirements before closing the transaction. When it is determined that the title is marketable, a deed is prepared; this is a legal document that conveys a person’s ownership of the property. The deed is the most important document in a real estate transaction.
After the closing an Owner’s Title Policy is issued to the Purchaser, this policy guarantee’s the title. Furthermore, if any unknown circumstances arise, the title company will be responsible to resolve the issue. Therefore, research, or title work is done to ensure the transfer of the property from one person to another is without issue.
What Has Changed with the New Law? ● First-offense operating while intoxicated (OWI) convictions are now eligible for expungement. Expungement is a process that allows prior convictions to be removed from an individual’s public record. Expunging a prior conviction can mitigate negative consequences of an OWI such as increased insurance costs and loss of employment opportunities. The new law goes into effect on February 19, 2022, at which point those with a prior conviction may petition to have their offenses expunged.
Who Is Eligible? ● The amended law, MCL 780.621(d), allows those with a first-offense OWI to have that conviction expunged. Those with a previous OWI conviction will not be eligible. An OWI that causes death or serious impairment of a body function of another person will not be eligible for expungement regardless of the offender’s prior record. A person becomes eligible to expunge their first-offense OWI when 5 years have passed since either: (a) their conviction for that offense, or (b) the completion of any sentence handed out for that conviction, whichever comes later.
How Can I Have My First-Offense OWI Expunged? ● The new law requires that any eligible individual must apply to have their conviction expunged under MCL 780.621 and .621d. The offenses will not be eligible for automatic expungement. A court reviewing an application for expungement will not be bound by prior court records, such as at the previous sentencing, and may consider whether the petitioner has participated in rehabilitative or education programs. Our office can help guide you or someone you know through the application and expungement process once it becomes available in February 2022.
Having a past criminal conviction can negatively affect an individual’s ability to access housing, employment, or insurance coverage. An expungement is the practice of converting a criminal conviction or traffic citation into a nonpublic record. Setting aside, or expunging, a conviction does not completely erase the conviction in the eyes of the criminal justice system, but it will make it so that most entities will not be able to see the conviction when they run a criminal record check. This can make a huge difference to individuals who are trying to move on from their past mistakes.
What has changed with the Clean Slate legislation?
On April 12, 2021, the bipartisan Clean Slate Bill went into effect. The legislation makes it easier for individuals to have certain felonies, misdemeanors, and traffic offenses removed from their record. The bill expanded the list of which offenses may be expunged, and adjusted the timeline for when an expungement may take place. This chart compares the prior expungement scheme with the new Clean Slate legislation.
How can I have my record expunged?
The current changes apply to expungement through the petition process. That’s when someone applies for expungement and it is decided by a judge in the court where the conviction occurred. (The new legislation also provides for automatic expungement of certain offenses, but that provision does not go into effect until 2023.) Michigan Legal Help provides guidance on how to petition to have a past conviction expunged. Our office can also assist with this process and help individuals determine whether they are eligible for expungement. Hopefully this new legislation helps more Michiganders move on from past mistakes and build better lives!
Also known as an advanced directive, or patient advocate form, this document allows you to name someone you trust (your advocate) to make your medical decisions if you are rendered incapable of making your own. The document allows your advocate to both request and refuse treatment when invoked and can include a provision allowing your advocate to sign a “do not resuscitate order” or as it’s commonly known “pull the plug.”
Medical authorities will ask if you have an advance directive and honor your wishes if you do. By providing your doctor with a copy of your medical directive it can be added to your electronic medical records and thus made accessible to all medical personnel.
A medical directive is different from a will or power of attorney. A will states who receives your assets when you die. A power of attorney names the person, or persons, you trust to handle your financial affairs while you’re alive. When getting your “affairs in order” these are some of the legal documents that should be created.