Michigan Clean Slate Law
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Summary of Michigan Clean Slate Expungement Laws
Instead of one law providing for expungement relief, the state of Michigan has passed a package of multiple laws that provide for a series of complex expungement laws, including multiple timelines, different levels of expungement, different rules for how time-periods are measured, and more. This blog provides a fundamental summary of expungement laws in Michigan, called Clean Slate Laws. If you would like specific information and a detailed, reliable review of your situation and your eligibility to clean your record of criminal convictions, call the Expungement Team with LEWIS & DICKSTEIN, P.L.L.C., and we will find a way to help you.
HB 4980 (Auto Clean Slate Law – Expungement):
Starting two years after the bill’s effective date, the following would go into effect (provided the legislature appropriates money to build/maintain the system):
- Timelines: The clock would start running at the date of sentencing or the completion of imprisonment, whichever is later.
- Eligible Felonies will be automatically expunged after a 10-year clock.
- Eligible Misdemeanors will be automatically expunged after a 7-year clock.
- Maximum Convictions: An individual may have no more than two felonies and four misdemeanors automatically expunged in their lifetime
- Eligibility: An offense is eligible to be automatically expunged if all of the following apply:
- The timeline has elapsed.
- No criminal charges are pending against the applicant on the Law Enforcement Information Network (LEIN).
- The applicant has not been convicted of any criminal offense during the applicable timeline.
- The applicant does not have more than one conviction for an assaultive crime.
- The offense or attempted offense does not fall into one of the following categories:
- Assaultive crime;
- Serious misdemeanor;
- Crime of dishonesty;
- Any offense punishable by 10 or more years imprisonment;
- A felony violation that includes in its elements a minor, vulnerable adult, injury or serious impairment, death, or any violation related to human trafficking.
- Other Provisions Under Clean Slate Law Michigan:
- Having a conviction set aside would not relieve any obligation to pay restitution owed to the victim, nor would it affect the court’s jurisdiction to enforce. If the defendant owes restitution and does not make a good faith effort to repay said restitution, the prosecutor or the victim can petition the court to have the defendant’s record unsealed.
- Convictions that have been set aside can still be considered as a “prior conviction” for purposes of charging a crime as a second or subsequent offense or for sentencing.
- Timelines: The clock would start running at the date of sentencing or the completion of imprisonment, whichever is later.
HB 4981 (Petition Expungement Offense Expansion)
The bill does two main things, it allows some traffic offenses to be eligible for expungement, and it expands the list of other offenses that are not eligible to be expunged. In terms of traffic offenses, all traffic offenses would be expungable besides the following (NOTE: while the public criminal record would be sealed, the Secretary of State’s records would remain):
- A conviction for operating while intoxicated;
- Any traffic offense committed while operating a commercial motor vehicle;
- And any traffic offense causing injury or death.
Rules for Expungement of Felony and Misdemeanor Offenses under Clean Slate Laws of Michigan
- Up to 3 felony convictions – can be filed following 7 years from discharge from probation and/or custody)
- NOTE: No more than 2 of the felony convictions can be assaultive.
- One or more serious misdemeanors – can be filed following 5 years from when the sentence was imposed, or the individual was discharged from jail or probation)
- One or more misdemeanors (none of which are “serious” misdemeanors as defined by statute) – can be filed following 3 years from when the sentence was imposed or the individual was discharged from jail or probation (none serious or assaultive (such as domestic violence or assault and battery)
- Up to 3 felony convictions – can be filed following 7 years from discharge from probation and/or custody)
Excluded Offenses under Michigan’s Clean Slate Law
- All offenses punishable by life imprisonment
- Assault with intent to commit criminal sexual conduct
- Child sexually abusive material or activity offenses
- Felony domestic violence if the person has a previous misdemeanor conviction for domestic violence
- Fourth-degree criminal sexual conduct (committed after January 12, 2015)
- Human-trafficking-related offenses
- Second-degree child abuse
- Second-degree criminal sexual conduct
- Some traffic offenses such as convictions for driving while intoxicated, traffic offenses that cause injury or death, and Commercial Driver License violations
- Terrorism-related offenses – includes convictions for attempts to commit any of these offenses
- Third-degree criminal sexual conduct
- Using a computer to commit sex crimes offenses
HBs 4982 & 5120 (Marijuana Expungement under Clean Slate Law)
Would allow individuals previously convicted of a misdemeanor marijuana offense to have that conviction set aside if the conduct in question would have otherwise been legal had it been committed today.
- The bills set forth specific procedures for how the court is to handle marijuana set asides, allowing the prosecutor to challenge a set aside request, and allowing both parties to appeal the ruling if they so desire.
- It also specifies that the defendant cannot recoup any fines, costs, fees, or forfeitures imposed or resulting from the conviction.
HB 4983 (Petition Expungement Timelines)
The time frames start running under the Michigan Clean Slate Law as they do under the current law (start after imposition of sentence, completion of probation or parole, or completion of imprisonment, whichever is later). There have been changes to the length of time a person must meet to have the record expunged.
- Those new timelines are as follows:
- To set aside a misdemeanor that isn’t a serious misdemeanor or an assaultive misdemeanor: 3 years.
- To set aside a single felony or one or more serious misdemeanors: 5 years.
- To set aside multiple felony convictions: 7 years.
- Those new timelines are as follows:
HB 4984 (Petition Expungement Amount Expansion)
Allows a person to have up to three felony and unlimited misdemeanor offenses expunged from their record with the following limitations:
- No more than 2 assaultive crimes (felony or misdemeanor) in the applicant’s lifetime
- Cannot have more than one felony conviction for the same offense set aside if the offense is punishable by more than ten years imprisonment.
HB 4985 (One Bad Night Under Clean Slate Law Michigan)
Allows offenses that occurred from the same transaction within a 24-hour period to be treated as a single felony or misdemeanor offense for expungement purposes, provided none of the offenses:
- were an assaultive crime,
- involved a dangerous weapon, or
- carry a maximum penalty of 10 years or more.
Clean Slate Law Michigan Attorneys for Expungement
The Expungement Team with LEWIS & DICKSTEIN, P.L.L.C. has decades of experience helping clients clear their records of prior felony and misdemeanor convictions. We have a system in place and a strategy that has achieved unparalleled success with any Motion to Set Aside Conviction under Michigan’s Clean Slate Law. Instead of having one lawyer work on each expungement motion, we have a team of lawyers who collaborate and cooperate to make the Motion to Set Aside Conviction as effective and persuasive as possible. If you have questions after reviewing this summary of expungement laws, we can help you determine if you are eligible for the removal of your prior record. If you call us for a free consultation, we will take the time to talk with you, answer your questions, and address each of your concerns. We will find a way to help you!
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
