Legal Question in Criminal Law in Michigan

I hired an attorney in June of 2016 to represent me in court and file the proper paperwork for an expungement. I did everything I was asked for (finger print card and a very short bibliography to read in court). In fact the finger print card was provided the same day since the jail was across the street.

I waited until September before reaching out for a status update. I called and left a message with his secretary 4 times over the course of a two week period. None of my phone calls were returned. I had to take a half day off work and drive to his office just to get a status update. I was informed he was waiting on a reply from the Michigan State Police, and the process was taking longer than normal. He chalked it up to the State Police being overworked but he would call and see what the holdup was...fair enough.

Here are now, mid-November of 2016. I have not received a single update from my attorney. I don�t know what the heck is going on but I�m at my wits-end and ready to terminate everything.

How long does an expungement in the state of Michigan take? What questions can I ask my attorney or further actions can I take to expedite this process? I�m beginning to question if he forgot to file the paperwork and the process even never started until September� Something doesn�t seem right.

It�s been 6 months�

Asked on 11/14/16, 6:18 pm

2 Answers from Attorneys

Jared Austin Austin Legal Services, PLC

Usually it takes at least a month for the Michigan State Police to give a response to the expungement motion. It can take six weeks or even longer in some instances. I don't know that I've ever seen it go longer than that unless something really extraordinary is going on. Some judges even impose a mandatory three-month waiting period from the time of filing until the hearing. You should ask your attorney if there is a scheduled date for the motion yet from the court.

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Answered on 11/14/16, 7:50 pm
William Morrison Action Defense Center

The MSP and the FBI have taken 3-6 months to respond to expungement filings for my clients. You can't do anything but wait.

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Answered on 11/14/16, 7:53 pm

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