House Bill Provides New Hope For A Second Chance For a Michigan Criminal Record Expungement


Examining the Pros and Cons of Proposed House Bill 4186

In life, we have all made mistakes and in most cases have been required to endure the consequences of our mistakes. The good news is that for the most part life tends to grant us a second chance or a “reset” to move on from our mistakes and move forward in our life’s goals and ambitions. This has definitely been the case for me and many others.

For persons whose mistakes in life have resulted in one or more brushes with the law, leaving them with multiple criminal convictions, life’s ability to grant them a second chance or reset severely diminishes, leaving these persons with little to no ability to move forward with their life’s goals and dreams.

Currently in Michigan, a person who has a felony conviction along with minor misdemeanor convictions by law are forbidden from having these convictions expunged from their record, resulting in what turns out to be a life sentence of sorts for multiple offenders. These convictions will follow them for the rest of their life, which in turn severely limits their ability to gain meaningful educational and employment opportunities.

Proposed Michigan House Bill 4186 will finally provide the relief multiple offenders seek to have their criminal records expunged, but be mindful it comes with certain pros and cons that will affect Michigan’s current expungement law.

Some felons could get records erased under bill heading to Michigan House – Lansing State Journal

Saginaw State Rep. Stacy Erwin Oakes’ conviction expunging bill passes … – The Saginaw News –

The invisible sentence? Michigan bill would allow more convicts to expunge … –

PROS of House Bill 4186:

  • A person with a felony conviction and no more than two misdemeanor convictions can now seek an expungement. (Previously, a person with a felony conviction and misdemeanor conviction was barred from seeking an expungement).
  • A person with no felony conviction, but no more than two misdemeanor convictions can now seek an expungement of the misdemeanor convictions. (Previously, a person with more than 1 misdemeanor conviction was barred from seeking an expungement)
  • Deferred Sentencing/Dismissals that still appear on a persons public record are eligible for an expungement.

CONS and Limitations of House Bill 4186:

  • A person with a felony domestic violence conviction who also has a prior misdemeanor domestic violence conviction is barred from seeking an expungement.
  • Convictions of Driving While Intoxicated are still not eligible for an expungement.
  • A person is not eligible for an expungement until 5 years from either:
  1. The Date of Sentence
  2. Successful Completion of Probation
  3. Discharge from Parole
  4. Completion of Imprisonment
  • A copy of a person’s expunged record will still be made available to the Michigan Department of Corrections if that person seeks employment via this agency.

If Proposed House Bill 4186 passes, this bill would create a great amount of opportunity for persons with multiple convictions to not only seek an expungement, but to finally be able to become productive members of society by finding meaningful employment, careers and educational opportunities without their criminal backgrounds holding them back. A person who has demonstrated a positive rehabilitation from their criminal past should be afforded the opportunity to have that past cleansed, and Proposed House Bill 4186 allows just that.

A Criminal Expungement, legally known as an “Application to Set Aside Conviction” may be a solution that clears up obstacles for those with convictions on their record, making it easier to achieve better opportunities and provide a fresh start at life. Michigan Criminal Record Expungement Attorney Kevin Bessant has experienced much success in helping those with criminal records Set Aside their criminal convictions so that their records are cleared.

Setting Aside a Conviction or “Expungement” refers to the legal process of removing a prior criminal conviction from public record with the Michigan State Police criminal database. If you plead “guilty,” “no contest,” or were found guilty in court of a misdemeanor or felony offense,drug crimeweapons offensecriminal assault or domestic violence, you may be eligible to have your criminal conviction expunged from public record. An expungement allows criminal offenders who satisfy the requirements of Michigan Law, to set aside that  criminal conviction. Do not waste any more time fearing a criminal background check; being denied employment; or having your future dreams dashed due to your criminal past. Act now and expunge your record today!!


Progress in Detroit: One Step Forward or Two Steps Back?

Detroit Criminal Lawyer: What’s in Store For the Future of Detroit?

As someone who was born and raised in the City of Detroit, I, along with many others can say with certainty that this past week has been one of the most eventful weeks in Detroit news and politics in quite some time. From the governor of Michigan mandating a Emergency Financial Manager to oversee Detroit’s financial woes, to the ending of a decade long federal corruption investigation resulting in the criminal convictions of former Detroit Mayor Kwame Kilpatrick and others, no one is quite sure if Detroit is moving forward towards progress, backwards towards further destruction, or simply in a standstill with no movement at all.

Kwame Kilpatrick Conviction and EFM

Kwame Kilpatrick undoubtedly had the intelligence, charisma, and political savvy to do great things as Mayor in the City of Detroit. Yesterday’s criminal convictions for bribery, racketeering, and a host of other criminal charges represents much more than just a stay in prison for a man who had such a bright political future. What it means for a city desperate for change, and a citizenry broken and mislead from years of a city government who pilfered and stole from the people, is a chance to finally move on.

Former Detroit Mayor Kilpatrick Convicted On Corruption Charges – NPR (blog)

NPR (blog)Former Detroit Mayor Kilpatrick Convicted On Corruption ChargesNPR (blog)… Kilpatrick on his way into court Monday in Detroit. Regina H. Boone /MCT /Landov. Former Detroit Mayor Kwame Kilpatrick, once a rising star in the Democratic Party …

But move on to what? An upcoming mayoral race where the candidates will be heavily scrutinized not so much on their political aspirations and goals for the city, but whether or not they have the requisite integrity and compassion to not engage in corruption and bribes while in office? A public who voted against the Governor’s authority to mandate a Financial Emergency Manager, but has still been forced to accept one whose coronation and appointment is imminent? Citizens who remain either unemployed, underemployed, or have been forced to accept pay-cuts,furlough days, and a loss of benefits and contractual rights as a condition for continued employment? A police and fire department who have gone on record several times admitting that they do not have the money, man-power and resources necessary to provide adequate safety and protection against crime? If this represents the future of Detroit, then this sounds more like a state of confusion and despair than a beacon of progress and change.

What it would mean for Detroit: Questions, answers on emergency financial … – Detroit Free Press

Detroit residents protest emergency financial manager law – Michronicleonline

Blame Game or Forward Thinking?

While there is more than enough blame and pointing of fingers to go around for Detroit’s current economic and political crisis, the only thing that is going to push Detroit forward towards a stronger and vibrant future will be the implementation of “forward thinking”. Gone are the days where the citizens of Detroit point the finger at City Council, and City Council in turn points the finger at the Mayor, and the Mayor then points the finger at everyone else leaving no one to take true ownership and accountability for Detroit’s problems.

Forward thinking replaces blame with action;argument with discussions;crisis with game plans and executions;problems with solutions;and a state of destitution with a state of progression. Who cares if the Emergency Financial Manager was “unelected” so long as he or she has the requisite skills and fortitude to bring Detroit’s finances out of the red and back into the black? Who cares if the Mayor is White, Black, or Brown, so long as he or she is able to restore governance, accountability, and democracy in the city’s decision-making and execution of its mission? Hopefully, no one will care about these things because “we the people” will be busy self-educating and training ourselves to become a more skilled and trained workforce made up of educators, professionals, entrepreneurs, parents, students, children, etc..,

Detroit Regional Chamber CEO: Kwame Kilpatrick trial overshadowed city’s … –

‘Saving’ Detroit A Difficult Goal As City Grapples With Cuts, Fiscal Crisis … – Huffington Post

So what will the history books write about the City of Detroit 50 years from now? Will they still read of the same old clichés of “Motown”, “The Big 3”, “Foreclosures” and “Homicide Rates”. Or will we finally read of a city who pulled itself up from ruin to become a model and roadmap for other cities to design and model itself after to achieve true progress? Hopefully, with good health and faith, we will all be around to read about it!

Detroit Criminal Defense Attorney- Reversing A Wrongful Criminal Conviction

Detroit Criminal Defense Attorney-The Destructive Impact of A Wrongful Conviction

The Destructive Effect of A Wrongful Conviction

Detroit Criminal Defense Attorney

Detroit Criminal Defense Attorney Kevin Bessant Can Help Overturn a Wrongful Conviction

Despite the various legal protections created into the American justice system that make it one of the most progressive and effective justice systems in the modernized world, it is obvious that some people are indicted, and also convicted, of criminal activities that they indeed did not carry out.

In a perfect world and society, the criminal justice system would work in a manner that would certainly protect against such inadequacies of law and criminal trials that result in the convictions of innocent persons. Albeit an imperfect system because of imperfect people who determine a person’s guilt or innocence, a wrongful conviction of a crime can have a destructive and deleterious impact on a persons life for years to come.

Detroit Criminal Defense Attorney Kevin Bessant has dedicated a great portion of his practice to protecting the rights of his clients within the criminal justice system.

Attempting to Rescind or Overturn a Wrongful Conviction

When you are convicted of a crime under state law, a judge or jury has actually discovered by the facts of your case, evidence presented by the prosecutor and defense counsel,  and any other witness testimony that you committed the criminal activity beyond a reasonable doubt. Because of the serious nature and impact of a criminal trial, it is always advisable to consult Detroit Criminal Defense Attorney Kevin Bessant about your criminal matter to ensure your case is well prepared prior to trial.

If you are convicted, the judge presiding over the matter will set a sentencing date for the criminal conviction. The majority of wrongful convictions result from incorrect identification or eyewitness testament, incorrect confessions, incredible government snitches or confidential informants, a lack of sufficient legal advice, and even government and/or prosecutorial misconduct.

Detroit Criminal Defense Attorney Kevin Bessant trial experience is designed to help guard against these measures throughout the trial. If you believe that you have been convicted wrongfully, and especially, as a result of one of the factors listed above, you could have premises to have your conviction reversed. Contact Detroit Criminal Defense Attorney Kevin Bessant or appellate counsel to help assist you or a family members wrongful conviction today.

In order to have your criminal conviction reassessed, you can first ask the presiding judge to evaluate your conviction and/or sentence once more, or to repair any sort of errors that were actually been made during sentencing, an option that is made available in most states. Detroit Criminal Defense Attorney Kevin Bessant can effectively present your re-sentencing motion to the Judge for a reconsideration.

 Various Grounds for Wrongful Convictions

Witness Perjury and False Statements

Detroit Criminal Defense Attorney Kevin Bessant has conducted several criminal trials in which the crux of the evidence will be based upon the testimony of a government or prosecutor’s witness. Criminal Trials often hinge and rest on the testimony of snitches, which are referred to as sensitive sources in some states, and government informants.

The problem with this type of testimony is that it lends itself to false and non-credible testimony because often times the informant or snitch testifying are Considering typically given some sort of encouragement or incentive in exchange for their testimony, such as a lowered jail sentence, more beneficial treatment while incarcerated, or the dismissal of criminal charges against them altogether. While Detroit Criminal Defense Attorney will often cross examine such witnesses to bring forth their false testimony, the jury can still consider this testimony and make a finding of guilt, even if the testimony presented to them was false or perjured.

Mistaken Identification by Eyewitnesses

Did you know that mistaken identity of a witness is one of the leading causes of wrongful convictions. Identification errors of generally caused by a lack of memory, human error, or a plain lapse in remembering the persons involved in the legal matter. At trial, it is important for any Detroit Criminal Defense Attorney to aggressively cross-examine a witness to determine the accuracy of their memory and ability to identify a witness.

False Confessions

Detroit Criminal Defense Attorney Kevin Bessant has experienced several situations in which a false confession will be given by a person due to coercive interrogation techniques utilized by the police. While it may seem hard to believe that criminal defendants will offer untrue confessions, this sensation does occur, and can produce wrongful convictions.

Defendants give false confessions for a broad assortment of causes, that include police stress, prolonged, demanding interrogations, absence of mental capability, intoxication, ignorance of the legislation, or fear of intense outcomes if the truth is told.

Detroit Criminal Defense Attorney

Detroit Criminal Defense Attorney Kevin Bessant Can Help Fight Against Abusive and Coercive Police Interrogation Techniques

Defendants give false confessions for a broad assortment of causes, that include police stress, prolonged, demanding interrogations, absence of mental capability, intoxication, ignorance of the legislation, or fear of intense outcomes if the truth is told.

Specifically with defendants who have low IQs or psychological ailments, the ability for manipulation of inaccurate confessions is much higher. Specifically with defendants who have low IQs or psychological ailments, the ability for manipulation of inaccurate confessions is very higher. Detroit Criminal Defense Attorney will always attempt to exclude these type of false confessions from evidence by exposing the abusive techniques utilized to manipulate a false confession.

Inadequate Assistance of Advice/Ineffective Assistance of Counsel

Court appointed counsel is typically provided for criminal defendants with low incomes or indigent means. The problem is that court-appointed counsel will rarely have the necessary resources available to them to defend all of the intricacies of the criminal charges the defendant is facing. This leads to a lack of attention to detail which can result in a criminal conviction.

DNA Exoneration

Most recently, DNA Exoneration has been one of the leading culprits in wrongful criminal convictions. The source of this erros is the application of invalid DNA evidence to criminal trials. When DNA testing or the lack of DNA testing has lead to a criminal conviction at trial, in many cases a person once convicted will be exonerated years later after proper DNA evidence is presented. These exoneration’s come at a heavy cost to the defendant as they have often loss years of their life to the prison system due to the wrongful conviction.

If you, a family member, or friend has been wrongfully convicted, contact Detroit Criminal Defense Attorney Kevin Bessant to discuss the available appellate options to reverse the conviction. For more information, contact Detroit Criminal Defense Attorney Kevin Bessant or visit the innocent project for more details on remedying wrongful convictions.

Detroit Criminal Defense Attorney- Arrested For Domestic Violence? Next Steps

Detroit Criminal Defense Attorney- Arrested for Domestic Violence? Important Next Steps

Detroit Criminal Defense Attorney Kevin Bessant understands the fear, aniexty, and emotional stress that comes with being arrested or charged with Domestic Violence. Detroit Criminal Defense Attorney Kevin Bessant advised that before you determine the steps to take after being arrested for domestic violence, you should first understand exactly what Domestic Violence is.

Domestic Violence (aka spousal abuse or child abuse) is legally defined in Michigan as the act of one person committing an illegal act against another or others, usually involving emotional abuse, physical assault, threats or intimidation, stalking, harassment or other similar offenses. Detroit Criminal Defense Attorney Kevin Bessant has had a successful history in defending both men and women facing various domestic violence charges throughout the State of Michigan. Detroit Criminal Defense Attorney Kevin Bessant Successfully Defends Against Domestic Abuse Charges.

A domestic violence defense can be of great benefit if you are arrested for such crime. Detroit Criminal Defense Attorney are often faced with the challenge of presenting a proper defense of a domestic violence situation to a judge or jury in an effort to dismiss the charges or win the case at trial.

Domestic Violence Patterns and Perceptions

You must be aware that domestic violence is usually a pattern in a marriage, cohabitation, family, or while dating. These patterns of domestic violence can include a litany of factors involving assault, physical aggression, threats,  emotional abuse, and sexual abuse. If arrested for domestic violence, often times Detroit Criminal Defense Attorney Kevin Bessant will have situations where the police have made their arrest without fully hearing the arrested individuals side of the story first.

The perception of domestic violence may vary from one country to another, so it is important that you talk with a Detroit Criminal Defense Attorney to find out if any of your rights are violated. Be mindful that courts will also consider trespassing, stalking, harassment, unlawful imprisonment, kidnapping and criminal coercion, as domestic violence as well. A Detroit Criminal Defense Attorney Kevin Bessant can help you avoid jail and a criminal conviction by defending your rights at trial.

 Detroit Criminal Defense Attorney- Defending your case at Trial

Depending upon the type of crime charged, whether aggravated domestic violence, and whether the client has a prior criminal record, the penalties for this crime when convicted can include jail or prison time, community service, court-mandated anger management treatment as well as substantial fines and costs. Contact Detroit Criminal Defense Attorney Kevin Bessant immediately if you have been arrested or charged with Domestic Violence to help build your defense early.

A Criminal Defense Attorney can help you with legal counseling and providing a legal defense on your behalf. This is the most common treatment for offenders to prevent future domestic violence within existing relationships or with a new one. Counseling is always available to help address issues related to domestic violence such as therapy sessions, anger management and parenting classes.

Always remember that you are presumed innocent until proven guilty. A criminal defense attorney Detroit can be requested once you are arrested since it is your right. Remain silent if arrested and remember that you do not have to say anything after the arrest, and you can consult with a Criminal Defense Attorney before you speak with the police. This is important because statements made to the police without the advice of counsel can be used against you in court.

The police can arrest you even if there are no signs of injury or physical abuse to the alleged victim; there are witnesses; or if the police believe you were the primary aggressor. However, there are other factors to consider, such as whether or not self defense was a factor, or whether the offender was coming to the aide of others. These are both critical to your criminal defense in a domestic violence dispute. Detroit Criminal Defense Attorney Kevin Bessant will evaluate the facts of your case to present a persuasive theory of self-defense if you were indeed attacked first.

Detroit Criminal Defense Attorney- Domestic Violence Penalties

Depending on the country where you live, the laws and procedures may vary. However, the main goal of any domestic violence court is to protect the victims from further abuse. If you are accused of Domestic Violence, you should contact your Detroit Domestic Violence Attorney immediately. Only a experienced Detroit Domestic Violence Attorney can guide you through the legal procedures. A criminal conviction for domestic violence can have lifetime ramifications on a person’s criminal record, ability to obtain employment, possess a firearm, and future career and educational pursuits. Call Detroit Criminal Defense Attorney Kevin Bessant immediately to help protect your criminal record and win your case!

Whether you are a man or a woman, you can be charged with Domestic Violence. Knowing your rights is important and if you get arrested or charged with domestic violence, contact Detroit Criminal Defense Attorney Kevin Bessant to help build your defense and protect your rights. Don’t hesitate to talk with a Detroit Criminal Defense Attorney to learn more about your rights in a domestic violence dispute.