Felony, Infractions, and Misdemeanors in Michigan

In Michigan, illegal acts, as provided by the Michigan Justice System are grouped into three broad sections. This categorization is done with respect to how extreme the crime committed is. The three groups include felonies, misdemeanors, and civil infractions. A felony is the most intense of all the three, it is a criminal offense that is punishable by long term imprisonment. A misdemeanor is less intense and is usually punishable upon conviction by a fine or a short term of imprisonment while a civil infraction is a minor criminal offense. All these categories are distinguished by different penalties, as established on the Michigan penal code. Summarily, Michigan state crimes are tried on the basis of the aforementioned classification

What is a Felony in Michigan?

A felony in Michigan is a criminal offense that is punishable by long term imprisonment which could last for a minimum of two years and a maximum of life imprisonment depending on the severity of the offense committed. Years back, a felony could result in a death penalty but this has been constitutionally banned in Michigan in 1963. An individual that is convicted of a felony is referred to as a felon.

Felonies are the most serious of all crimes in Michigan. However, they are not all intense, some felonies are considered more intense than others. The severity of the felony committed is what determines the length of the term of imprisonment. The Michigan Legislature classifies felonies into eight classes (Class A-H) in order of severity. Below are the classes and the crimes that are in each class;

• Class A Felony - Attack with a harmful weapon with intent to rob, first and second-degree murder, abduction, and rape or any other criminal sexual act in the first degree.
• Class B Felony - Second-degree child abuse and assault, second-degree arson, and production of child pornography.
• Class C Felony - Human trafficking that involves assault and injury, Manslaughter, and robbery.
• Class D Felony - Embezzlement of property valued at $20,000 or more, larceny of property valued at $20,000 or more, and human trafficking.
• Class E Felony - third-degree home invasion, first degree retail fraud (shoplifting), and possession of a firearm or harmful weapons with criminal intent.
• Class F Felony - Unauthorized loan and credit applications, production, delivery, or possession with intent to deliver less than 5kg of marijuana.
• Class G Felony - Domestic assault (second or subsequent conviction) drawing on insufficient funds in an amount greater than $500 (writing a bad check), and lobbyists giving gifts.
• Class H Felony - Impersonation by using a stolen state ID card to commit a felony, and false representation.o

Class A felonies are the most severe felony crimes in Michigan with crimes punishable by up to life imprisonment. Class H which is the least severe is made up of crimes in which the offender may be sentenced to up to two years in jail as well as other options such as therapy, fine, probation, or electronic monitoring. These sentences vary in accordance with the Michigan Sentencing Guidelines.

A defendant’s sentence may also be influenced by some factors such as the gravity of the criminal offense, the defendant’s criminal record, the existence of any mental condition as proven by a certified medical practitioner. For example, a defendant may be given a lesser jail sentence if their medical report proves that they have a mental condition. A jail sentence may also be accompanied by fines, probation, and so on.

What are some examples of felonies in Michigan?

Felonies in Michigan are classified in eight (Classes A-H). This categorization is done in order of severity. Examples of felonies in Michigan include:

• Kidnapping
• First and second-degree murder
• Sexual assault
• Child abuse
• Robbery
• Arson
• Production of child pornography
• Assault with a harmful weapon
• Fraud crimes
• Domestic assault
• Home invasion
• Shoplifting
• Unauthorized loan and credit application
• Delivery or manufacturing ion of marijuana

Can I get a Felony Removed from a Court Record in Michigan?

Yes to an extent, the Michigan law, MCL 780.621 allows for a felony to be removed from a court record. However, a due process must be followed. The first and most important step is to confirm eligibility because not all felonies can be removed from the court records. Eligibility begins after at least five years from the completion of a jail term, probation, or any other sentence. Therefore, if an individual applies for removal before the period of eligibility, the appeal may be denied. Also, some felonies do not qualify for removal such as felonies with a sentence of life imprisonment, and so on.

After confirming eligibility follow these steps;

• Request a certified record of the conviction from the clerk of the court where the conviction took place.
• Complete the application form on the State Court Administrative Office website.
• Fill out the Michigan Applicant Fingerprint card, after which a fingerprint registration will be done at any local law enforcement agency.
• Submit the application for notarization by a notary or a court clerk. It is also necessary to take a passport photograph for identification.
• Make four copies of the certified record of conviction and notarised application.
• Submit the application for filing with the court where the conviction took place. It can either be mailed or filed in person.
• Mail the fingerprint card, certified conviction, and a copy of the application to the Michigan State Police, Attorney General, and prosecutor.
• Be prepared to make a good impression on the day of hearing by being punctual and dressing well.

The court may then proceed to dismiss the charges made against the defendant if the petition is approved. Note that this process may require payment of nominal fees at some stages.

Is expungement the same as sealing court records in Michigan?

In Michigan, expungement is not the same as sealing court records. Expungement involves a process whereby court records are totally removed from public access. This means that the records will no longer be available to the general public. Sealing, on the other hand, means that certain court records may only be accessed by court order and qualified person. An expungement involves complete removal of the record and as such, it can not be accessed anymore. A sealed record, however, still exists but can only be made available to authorized persons.

For example, if an individual’s criminal record is expunged after meeting all requirements for expungement he/she is considered free from every restriction that might have been placed on them because of their criminal records. The process of appealing for expungement is only open to eligible persons. In the case of sealed records, the records may be sealed because of some legal reasons that make the record to be privileged by the law. An example of a sealed record is a juvenile record that may be sealed until the individual is up to 18 years old.

How Long Does a Felony Stay on Your Record in Michigan?

A felony remains on an individual’s record over a period of five years after which they can appeal for the record to be expunged or sealed. Otherwise, a felony may remain in the record for life until it’s either sealed or expunged by court order.

What are Misdemeanors in Michigan?

Misdemeanors in Michigan are criminal acts that are considered less intense than a felony but more intense than a civil infraction. Misdemeanors are enforced by the local and state police and are processed in the district court. A misdemeanor offense is punishable by law with a jail sentence of up to a year or two years. The jail sentence may also be accompanied with a fine or any other punishment that the court deems fit. Generally, misdemeanor offenses are differentiated from felonies based on the following factors;

• The gravity of damage or injury caused to another person
• The monetary value of the property stolen.
• The number of drugs in a person’s custody and whether there is evidence of intent to trade or disperse the drugs.

The seriousness of the misdemeanor crime committed is what determines the severity of the punishment that will be dispensed. The state of Michigan classifies misdemeanors into three major groups. In order of intensity, they include;

• High court misdemeanors which are similar to felonies and are punishable up to two years in prison.
• Misdemeanors punishable by up to one year in jail.
• Misdemeanors punishable by up to 93 days in jail.

According to the state of Michigan courts on misdemeanors matters, there are also traffic and non-traffic misdemeanor cases. Both cases begin when a law enforcement officer issues a Uniform Law Citation (ticket) declaring that a person has violated a local ordinance (local law), or a state law when the penalty for that offense involves a jail sentence for 93 days or less. In this case, a warrant is not needed to arrest such an individual.

What are Examples of Misdemeanors in Michigan?

Misdemeanors in Michigan are categorized into three groups which include; Misdemeanors punishable by up to 93 days in jail, misdemeanors punishable by up to one year in jail, high court misdemeanors. Examples of misdemeanors punishable by up to 93 days in jail include;

• Embezzlement of property or money valued at less than $200.
• Assault and battery
• Disturbing the peace

Examples of misdemeanors punishable by up to one year in jail include;

• Retail fraud in the second degree (shoplifting)
• Intentional discharge of a firearm (but without intent to injure)
• Larceny (property valued at $200 or more but less than $1,000)

Examples of high court misdemeanors include:

• Negligent homicide (by vehicle).
• Indecent exposure and Aggravated Assault
• Domestic violence

Other misdemeanor cases include traffic and non-traffic misdemeanor cases. Example of these include;

• Prostitution
• Trespassing
• Disorderly conduct
• Reckless driving
• First or second drunk driving offenses
• Resisting Arrest

Can I Get a Misdemeanor Removed from a Record in Michigan?

Yes, a misdemeanor can be removed from records on some conditions. Only eligible individuals who have spent between three to five years as credible citizens since their last conviction, can appeal for their crime record to be sealed or expunged. Such individuals must also have completed their jail or probation term. However, some misdemeanor offenses remain on the criminal records for life until the court authorizes its removal.

The Michigan law allows for the dismissal of most misdemeanor offenses especially the ones that are very minor such as the Misdemeanors punishable by up to 93 days in jail and the misdemeanors punishable by up to one year in jail. High court misdemeanors may not be dismissed easily as they are similar to felonies, although if the defendant manages to stay crime free for a certain period of years, expungement may be considered. Examples of such crimes include; serious sex offenses, domestic violence, prostitution, etc.

Can a DUI Record Be Expunged in Michigan?

No, a DUI record may not be expunged in Michigan. Unlike some other states that permit DUI convictions to be expunged after the individual has completed all probation requirements and other penalties, the state of Michigan does not permit this. A first time DUI offense is most times treated as a misdemeanor however, if an individual commits a DUI offense more than twice, such person is considered a “habitual violator and the offense may be charged as a felony. Furthermore, out-of-state DUI offenses may also not be expunged from records if the state where conviction took place has similar laws with that of Michigan. Otherwise, if the state laws differs from that of Michigan, the record may be expunged.

What is a Civil Infraction in Michigan?

In Michigan, civil infractions are referred to as acts or omissions that are forbidden by the law. They are usually enforced by the police and decided in court. It is the responsibility of the police to discern when a violation has occurred and also to be able to differentiate a civil infraction from a crime. When a civil infraction is detected, the enforcement officer begins legal proceedings against the offender by handing the offender a citation, also known as a ticket.

Civil infraction offenders are not considered criminally guilty, neither can they be sentenced to imprisonment except in rare occasions. They are also not entitled to most constitutional protections that are allotted to defendants in criminal prosecutions. For instance, they are not privileged to access to a state-appointed counsel, the Fifth Amendment right to remain silent, or the Sixth Amendment right to a speedy jury trial. The penalty for civil infractions includes payment of a specified fine that is determined by the court depending on the type violation committed. The offender may also be tasked with community service. Other penalties like imprisonment or probation do not apply in cases of the infraction.

What constitutes a Civil Infraction in Michigan

Civil Infractions are mostly statutory infringements that are not as grievous as misdemeanors or felonies as such, they attract the least severe penalties. According to the Michigan penal code, they are mostly minor violations of the law that attracts fines or community service. When a civil infraction offender is charged to court, he may answer the complainant in any of these three ways:

• Deny responsibility and request a formal hearing with lawyers to dispute the allegation.
• Deny responsibility and request an informal hearing without lawyers.
• Admit responsibility for the violation and pay a fine.

Court hearings usually take place either in a municipal court or a state district court depending on where the alleged violation occurred. Unlike other crimes, most civil infractions are written so that it is possible to be found responsible even for unintentional violations. Hence civil infraction adjudications do not require an examination of the accused’s state of mind. Common examples of civil infractions in Michigan include;

• Traffic violations such as speeding, careless driving, failure to wear a safety belt, disobeying a traffic control device, etc.
• Drinking in public
• Failure to immediately disclose a concealed weapon when stopped by a law enforcement officer.

What are some examples of Infractions in Michigan?

Civil infractions are categorized into two groups which are traffic and non-traffic civil infractions. Common examples of traffic civil infractions include:

• Speeding
• Defective equipment
• Careless driving
• Disobeying a traffic control device
• Failure to wear a safety belt
• Failure to yield the right of way
• Making an illegal U-turn
• Operating a vehicle over the allowed weight limit

Common examples of non-traffic civil infractions include:

• Noise pollution
• Littering
• Walking a dog without a lease
• Failure to carry or display a concealed-weapons permit while carrying the concealed weapon
• Attempting to consume alcohol under the age of 21
• Disobeying state land-use rules
• Boat violations
• Violations of building codes and permits
• Fishing without a license

Can Civil Infractions be Expunged from a Michigan Criminal Court Record?

The Michigan state law under MCL 780.621 system does not provide for the expunction of most traffic civil infractions except in rare cases. The law, however, provides an opportunity for case dismissals, for civil infractions like Littering, noise pollution, and other minor violations. The dismissal of civil infractions involves the court revoking a previous guilty verdict and releasing the subject of all charges. This authorizes the individual to legally state that they have not been convicted of the crime in question while seeking general employment excluding government jobs.

For an individual to be considered eligible for a dismissal, such person must have paid their fines, completed assigned community service, and is confirmed to be of good standing. Also note that civil Infractions are not the same as criminal offenses, so they do not appear on criminal records but are only recorded on a person’s Driving Record. This means that they do not carry the same weight as a misdemeanor or a felony.