Changes to Michigan’s Expungement Laws
Up until recently, expungement in Michigan was limited to one (1) felony and two (2) misdemeanors. This meant that two (2) felonies, no matter the circumstances, were ineligible for Michigan felony expungement. Additionally, all traffic offenses were ineligible for expungement. Quite simply, a lot has changed.
What is Expungement?
Expungement is defined as the process of setting aside a conviction and it’s now available to more people in Michigan than ever, thanks to new legislation known as Clean Slate.
What’s in New Michigan Expungement Law?
The Clean Slate initiative is a bipartisan, seven-bill legislative package signed by Gov. Gretchen Whitmer that dramatically improves the expungement process for criminal charges. This includes felony expungement and misdemeanor expungement.
Makes
most traffic offenses eligible for expungement for the first time.
Creates
a process to set aside certain marijuana-related offenses that are legal as of Dec. 6th, 2018 (the date adult-use marijuana was legalized in Michigan). The same law also creates a rebuttal presumption that non-violent marijuana offenses will be expunged; the burden of proof is on the prosecutors to show why they should not be expunged.
Reduces
the waiting period to apply for the expungement of misdemeanors.
Allows
multiple convictions for certain offenses arising under the same set of circumstances, or “one bad night” to become eligible as one (1) offense.
Effective immediately, the Clean Slate legislation doubles the number of Michiganders eligible to immediately remove felony and misdemeanor convictions from their records; including misdemeanor marijuana offenses.
What Doesn’t Qualify for Felony Expungement and Misdemeanor Expungement?
Under the new Michigan expungement law, residents can expunge up to three (3) felonies and an unlimited number of misdemeanors from their criminal record. However, the types of offenses that do not qualify are…
OWIs/DUIs
If you have more than (3) felonies on different dates, you are not eligible for expungement
Felonies that carry a maximum punishment of life in prison
Attempt to commit a felony (in which the maximum punishment is life)
- Felony domestic violence (if the person had a previous domestic violence misdemeanor)
- Child Abuse
- (Most) criminal sexual conduct offenses
- Traffic offenses causing injury or death
- We do not recommend applying for expungement if you have charges pending against you in any court or have been convicted of a crime in the last three (3) years.
Automatic Expungement vs. Applying for Expungement
One of the most common misconceptions about automatic expungement is that it’s available right now. This is not the case. The state needs time to develop a system that can handle the volume of automatic expungements, which means that automatic expungement won’t be available until at least April 11th, 2023.
Additionally, the waiting period for misdemeanors and felonies to be automatically expunged is seven (7) to 10 years, whereas it’s a much shorter three (3) to seven (7) year waiting period should you apply for expungement. (Three [3] years for misdemeanors, five [5] years for 1 felony, and seven [7] years for multiple felonies.)
Under automatic expungement, only two (2) felonies and four (4) misdemeanors can be expunged, significantly less than the number eligible expungement starting April 11, 2021. Of those eligible for automatic expungement, only a handful of offenses qualify.
Waiting for automatic expungement means that you will miss out on the many immediate benefits for expunging your record with an attorney.
These offenses may qualify when you apply for expungement, but do not qualify for automatic expungement:
- assaultive crimes
- a serious misdemeanor
- crimes of dishonesty
- any other offense punishable by 10 or more years’ imprisonment
- felony violation that involves a minor, vulnerable adult, injury or serious impairment, death, or any violation related to human trafficking
Why Should I Expunge My Criminal Record?
According to a study in the Harvard Law Review, recipients of expungement have relatively low recidivism (the tendency of a convicted criminal to reoffend) rate, with only 6 percent of recipients re-convicted of crimes. The reason behind the low recidivism rate is relatively simple; felony expungement and misdemeanor expungement recipients enjoy the wide benefits of a clear criminal record, which include:
Despite these benefits, nearly 95 percent of people eligible for expungement don’t even apply for expungement. This problem primarily stems from lack of knowledge of expungement law as well as the daunting bureaucratic and judicial processes applicants are required to navigate.
Expungement. Ready to Get Started?
How Do I Expunge My Criminal Record in Michigan?
To expunge your criminal record in Michigan, there are many rigorous and time-consuming steps involved that include obtaining your record, getting fingerprinted, notarizing your application, and much more.
Your attorney will also advise you to be on time, and dress respectfully. Even if your hearing takes place on Zoom, it’s critically for you to make a good impression on the judge who will determine if your record should be expunged.
If you make any sort of mistake on these documents, you must wait three (3) years before applying again. Even if you apply again, the judge can use your previous expungement denial to fault your subsequent attempt, even if nothing is incorrect on your second application.
Even worse, a simple error or misunderstanding of the application’s language could lead to you being charged with falsifying documents, which is a felony. A conviction for falsifying documents typically results in extraordinary fines and prison time of at least one (1) year. Additionally, there are often lingering penalties such as job loss, financial stress, and more.
How Can a Michigan Expungement Lawyer Help?
We know firsthand that having a criminal record does not make you a bad person. In fact, our experience has shown us that most criminal convictions come from one set of circumstances, or “one bad night.”
Mistakes don’t make you a bad person; they make you human. Our firm recognizes that, and is dedicated to helping you start clean and live the life you want.
How Can an Expungement Lawyer Help?
We know firsthand that having a criminal record does not make you a bad person. In fact, most of the time, our experience has shown us that most criminal convictions come from one set of circumstances, or “one bad night.”
Mistakes don’t make you a bad person; they make you human. Our firm recognizes that, and is dedicated to helping you start clean and live the life you want.
