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New Michigan Legislation Allows Expungement of First-Offense OWI

By Charles Gross | Published September 28, 2021

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.

Posted in Uncategorized | Tagged , , , |

New Clean Slate Legislation Expands Expungement of Criminal Records

By Charles Gross | Published June 1, 2021

What is an expungement?

  • 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!
Posted in Criminal Records, Personal Protection | Tagged , , |

A Lawyer’s Oath

By Charles Gross | Published November 19, 2020

Upon graduation from law school and after passing the bar, the last step to becoming a lawyer is the ‘swearing in ceremony’. One must be presented to a local judge by another attorney for the administering of this oath.

I do solemnly swear (or affirm):

I will support the Constitution of the United States and the Constitution of the State of Michigan;

I will maintain the respect due to courts of justice and judicial officers;

I will not counsel or maintain any suit or proceeding which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land;

I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law;

I will maintain the confidence and preserve inviolate the secrets of my client, and will accept no compensation in connection with my client’s business except with my client’s knowledge and approval;

I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged;

I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay any cause for lucre or malice;

I will in all other respects conduct myself personally and professionally in conformity with the high standards of conduct imposed upon members of the bar as conditions for the privilege to practice law in this State.

Michigan State Bar Lawyer’s Oath

Posted in Michigan State Bar |

How is your home titled?

By Charles Gross | Published September 2, 2020

How you hold title to your home determines who inherits your interest upon death. You likely have not thought about this since purchasing your home. Here’s why it’s important to review your title work.

If you have ‘sole ownership‘ of the property, you need additional documentation stating who gets your interest in the property. This could be a will or what is called a ladybird deed. 

If you and your spouse are on the title, it is called ‘Tenants by Entirety‘. Upon the death of a spouse, full ownership goes to the survivor. Are plans in place to convey the property’s interest upon the death of both parties?

If you and a third party hold title, it is typically as ‘Tenants in Common‘. Either partner can sell their interest at any time. If the selling partner has unknown financial or legal problems, it can result in liens on the property affecting the value of your interest or ability to sell it.

Too often we find life circumstances have changed making property titles outdated. An important part of any review of assets includes a closer look at how you hold title to your property.
An ounce of prevention can go a long way when it comes to real estate matters. 

Posted in Beneficiary Designations, Real Estate | Tagged |

Age Related Legal Needs

By Charles Gross | Published August 2, 2020

Every client’s legal needs are personal and unique. Yet over time we see predictable trends based on a person’s age.  Here are some of the common legal matters we handle listed by age.

Ages 18-34

Home or condo purchase agreements, title work, land contracts, landlord negotiations, credit card debt and debt collection defense, bankruptcy, employment contracts.

Ages 35-50

Refinancing, will preparation and estate planning, foreclosure, business law matters, business incorporation, creating LLC’s, a business sale or consolidation, adoption

Ages 51-69

Tax audits, property sale, identity theft, Elder Law issues, powers of attorney, living wills, Medicaid questions, amendments to existing estate plan documents

Age 70+

Property sale, nursing home/assisted living agreements, leases, deeds, IRA distribution consultation, estate planning, medical powers of attorney

No matter your age or legal issue, it is always best to plan ahead and be prepared.

Posted in Bankruptcy, Business, Elder Law, Estate Planning, Identity Theft, Limited Liability Companies, Real Estate |

Michigan Boater Safety Laws

By Charles Gross | Published June 3, 2020

Boating on any of Lenawee County’s 52 lakes is a great way to recreate. Before you get onboard here’s a few things you should know about boater safety.

Those less than 12 years of age:

  • May operate a boat with a 6 hp engine without restrictions
  • May operate a boat with up to a 35 hp engine if they have a boater safety certificate and are supervised by a person 16 year of age or older
  • May not operate a boat powered by a motor of more than 35 hp under any conditions

Those born on or after July 1, 1996 may legally operate a boat only if they have been issued a boating safety certificate and have it on board.

Those born before July 1, 1996 may legally operate a boat without restrictions.

Personal Watercraft Regulations

Anyone less than 14 years of age may not legally operate a personal watercraft

(PWC) also known as a jet ski or wave runner.

Those 14 and 15 years of age may legally operate a PWC if they have obtained a boater safety certificate and are riding with or alongside a parent.

Those who are at least 16 years of age and/or born after December 31, 1978 may legally operate a PWC if they have a boater safety certificate.

Those born before December 31, 1978 may operate a PWC legally without restrictions.

You can get take a Michigan boating safety class online at www.boatED.com  When you pass the final exam you’ll be able to print out your boater safety certificate. 

Posted in Boater Safety, Personal Protection |

Force Majeure

By Charles Gross | Published April 13, 2020

Due to the COVID-19 virus many people and businesses will be unable to meet their financial or contractual obligations.  As a consequence, we may soon hear the words force majeure. This legal term refers to a situation where living up to your obligations is impossible due to circumstances beyond your control.

In the commercial world, it is common to include force majeure language in contracts. This excuses a lack of performance, when it is impossible or commercially impractical to do so.  The provision is typically invoked in the event of a natural disaster such as a flood or earthquake.  COVID-19 is a natural disaster.

 The question going forward is, will this disaster excuse us from our obligations, be it rent, a car payment, or mortgage obligation? These agreements do not typically include a force majeure provision.  However, courts have equitable powers which allow them to impose a fairness standard. In light of the COVID-19 natural disaster, force majeure may become a viable defense in everyday contractual obligations.

Posted in Business, Personal Protection | Tagged , , |

Michigan’s PIP – Your Personal Insurance Protection

By Charles Gross | Published March 10, 2020

Perhaps you’ve heard about PIP or noticed the acronym in the fine print of your auto insurance bill. Now it is very important that you understand how your Personal Insurance Protection works as Michigan’s auto insurance reforms go into effect this summer

Since 1973, all Michigan auto insurance policies had to include Personal Injury Protection which provided unlimited medical benefits for the lifetime of a person injured in an auto accident.

Over time, as health care costs and the frequency of lawsuits rose so did insurance rates. Today Michigan’s auto insurance premiums are the 4th highest in the nation. These high premiums forced 20% of Michigan drivers to go without insurance which placed even more stress on the insurance system. It is because of these challenges that lawmakers recently passed reforms to Michigan’s no-fault auto insurance laws.

Auto insurance policies issued or renewed after July 1, 2020 for Michigan drivers will now offer six different options for Personal Injury Protection coverage. Your premium rate will reflect the specific coverage level you select. The more coverage, the higher your premium.  Policyholders who do not make a selection will default to unlimited coverage. 

When considering changes to your PIP coverage level, there’s more to think about than how much it costs. You will want to factor in your own personal risk tolerance and financial situation. What happens if you’re severely injured in an accident and your medical bills exceed your new coverage limit? Do you have enough health insurance to cover those bills? If you can’t work, do you have disability coverage? If you get sued for the accident, do you have savings or other assets that could be at risk?

This is a good time to review your policy and personal finances. Reach out to your agent for more detail and be prepared when the time comes to make the best PIP coverage choice for you.

Posted in Auto Insurance, Personal Protection | Tagged |

Michigan’s New Election Laws: What you need to know

By Charles Gross | Published February 26, 2020

Same day voter registration and no-reason absentee voting are the most notable changes to Michigan’s elections laws passed overwhelmingly by a statewide ballot initiative in 2018.  The upcoming Presidential Primary on March 10, 2020 will give many voters their first chance to benefit from these changes.

Any eligible voter can vote with an absentee ballot and vote before election day. Visit your local clerk’s office or download the form to request the absentee ballot
https://www.michigan.gov/documents/AbsentVoterBallot_105377_7.pdf

Your absentee ballot needs to be requested no later than 5 p.m. Friday, March 6 if you want it mailed to you. You can also get one up until 4 p.m. on Monday, March 9 in person from your local clerk’s office 

Make sure the signature on your return envelope matches your signature on file with the Secretary of State’s office. If someone helped you fill out your ballot, they must also sign the return envelope. The only people you can legally deliver your ballot to the clerk’s office are you, a family member, someone living in your household, a mail carrier or an election official. You can check that your ballot was received by contacting your clerk’s office.

Michigan voters can register to vote by mail on or before the 15th day before an election. It also allows voters to register on Election Day with proof of residency and a valid ID.  If can find out if you’re registered to vote and see your ballot click here https://mvic.sos.state.mi.us

When voting in a presidential primary, you can only get a ballot for one political party. You do not need to be a registered Republican or Democrat to vote, but you do need to indicate in writing which party ballot you want for voting. Interesting side note, seven Democratic candidates and two Republican candidates who are no longer running will be on the ballot due to a state deadline late last year designating who would be on the ballot.

According to the U.S. Constitution, voting is a right and a privilege.

Posted in Election Law | Tagged |

How Elder Law Became a Practice

By Charles Gross | Published January 21, 2020
President Lyndon B. Johnson signs the Older Americans Act

Elder Law was born out of need and has become a specialty arm of the legal profession. It’s origins date back to 1965 when the  Older Americans Act (OAA) was signed into law by President Lyndon B. Johnson. 

“Congress declares that, in keeping with the traditional American concept of the inherent dignity of the individual in our democratic society, the older people of our Nation are entitled to…”  – OAA Act of 1965

This was the first federal initiative to address and provide a wide range of services for senior citizens. Among those were legal services which ultimately created the practice of elder law.

The American Bar Association recognized the growing need for legal aid for seniors and formed its own Commission of Law and Aging in 1978. As the years passed law schools took notice and in 1985, the Association of American Law Schools formed a section on aging and the law. Today law schools across the county offer elder law courses as part of the curriculum. 

While most areas of the law focus on a specific discipline, elder law focuses on a specific type of person. The goal is to help aging Americans to legally navigate the issues of life that arise simply because of age.

‘To strengthen and secure the legal autonomy, quality of life, and quality of care of elders’ – The American Bar Association

Posted in Elder Law, Estate Planning, Uncategorized | Tagged , |

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