Changes to Michigan Expungement With the Clean Slate Law

Michigan Clean Slate

A criminal record can adversely affect every area of your life. Whether you're seeking employment, obtaining a certification or license, or applying to college or graduate school, a criminal background might be an obstacle. However, there are measures you can take to remove some or all of your convictions. Michigan permits the expungement of certain felonies and misdemeanors. The Michigan Clean Slate law has recently been revised. If you're in Michigan and want to learn how you can take advantage of the state's latest expungement laws, continue reading below and contact Marke Gilbert and Associates, PLLC.

What Is Michigan’s New Expungement Law?

You’ve probably encountered the term expungement. But do you understand its meaning? Expungement involves the removal of your felony or misdemeanor convictions. Essentially, if a conviction is expunged, it is eliminated. It should no longer be visible in public databases or accessible to most employers. Expungement is also referred to as a clean slate. Similarly, some individuals call it cleaning up your record. Not every state has expungement laws. Fortunately, Michigan does have such laws . On April 11, 2021, Michigan’s house bills (H.B.) 4981-85 and 5120 became effective.

These bills have broadened the scope of what can be sealed. For instance, if you have no more than one felony and two misdemeanors on your record, you can request the court to erase the felony. You can also request to have up to two misdemeanor convictions erased if they are your only convictions. In other words, if you have two misdemeanors and a felony, you may only petition to have the felony removed. You would not be eligible to request the removal of the two misdemeanors. If you have two misdemeanors and two or more felonies, you cannot ask the court to erase any of your felony or misdemeanor convictions.

However, you won’t need to petition the court for every possible expungement. The court will automatically seal certain non-violent convictions if specific conditions are met. We provide more details on automatic record sealing below.

What Are The Benefits Of Having My Convictions Set Aside?

There are numerous advantages to having your convictions expunged. The most significant benefit is being able to answer “no” when a potential employer asks, “Have you ever been arrested or convicted?”. In this situation, you would not be lying or misleading your interviewer because the arrest and conviction have been expunged. Even if a potential employer conducts a background check, an expunged arrest or conviction will not appear in a public database. However, be aware that you may not be able to answer “no” if other convictions remain on your record. If you have questions about how to respond during an interview, consult a qualified lawyer.

Michigan restricts individuals with felonies from possessing, using, transporting, selling, and purchasing guns and ammunition. This restriction is particularly applicable to those who committed their crime using threats of fear or force (i.e., a violent crime). However, losing gun ownership rights means you cannot work in certain jobs, such as law enforcement and security. Yet, with your felony expunged, it becomes easier to have a judge restore your gun ownership privileges. This restoration allows you to apply for TSA, police work, enlist in the military, or other armed employment positions.

Another advantage is the peace of mind that expungement provides.

When Can I Have My Convictions Expunged?

There is a waiting period involved. You must wait until the court no longer has jurisdiction over you, meaning you need to have completed your jail, prison, or probation sentence. After the court’s jurisdiction ends, a five-year wait is required before you can apply to expunge a felony. However, for non-serious misdemeanors, the wait is only three years. Non-serious misdemeanors are those that:

• are punishable by less than 91 days in jail

• carry a maximum fine of no more than $1000, and

• occurred when you were 21 or younger

Conversely, if these conditions don’t apply, it is considered a serious misdemeanor. You’ll need to wait five years after completing your sentence for a serious misdemeanor, similar to a felony, to apply for Clean Slate.

The law for automatic record sealing for non-violent crimes will not be effective until December 30, 2022. Once in effect, your criminal record will automatically seal to expunge misdemeanor convictions and ten years for felony convictions, provided you remain conviction-free for seven years.

Finally, if a judge denies your expungement request, you must wait three years before reapplying.

What Convictions Can Be Expunged Under Clean Slate?

Currently, Michigan allows that if the offense you committed is now legal, there is a presumption that the court should approve your expungement application. Michigan estimates that approximately 250,000 residents with marijuana-related convictions will benefit from this regulation. However, not all marijuana-related offenses qualify as legal today. Some marijuana convictions may remain on your record unless there is a change in state law. Most traffic violations and marijuana convictions are eligible for record sealing. You may also have certain assault offenses removed if you are not seeking to expunge more than two of them.

One Bad Night Rule

Imagine you had a wild and chaotic night that ended with your arrest. You might have been charged with several felonies, misdemeanors, or both. Unfortunately, sometimes otherwise law-abiding, productive individuals act recklessly for a single night. Such an incident can have long-lasting effects. Fortunately, Michigan’s new law considers this atypical night and includes the one bad night rule in its policy.

If your convictions occurred within 24 hours of each other, they may be eligible for expungement. This holds true even if you have multiple felony and misdemeanor convictions. Michigan’s Clean Slate law treats them as a single felony or misdemeanor, allowing you to seek expungement.

However, there are exceptions. For instance, a judge will not expunge your convictions from a bad night if they involved:

• a weapon

• a crime involving assault

• a crime that carries a penalty of ten or more years of imprisonment

Due to the complexities involved, consult your lawyers to determine if your convictions qualify under the one bad night rule.

What Convictions Can't Be Expunged?

Not all convictions qualify for Clean Slate. For instance, crimes punishable by a life sentence are always ineligible. The court may not erase certain convictions due to their implications. For example, if you have a  DUI, it suggests a higher public risk if the court removes this conviction, regardless of whether it was a felony or misdemeanor. When creating new laws, courts must also consider public interest. In this scenario, the public worries that a trucking company might hire you as a driver without knowledge of your DUI. If hired, you might be more likely to cause a fatal accident due to your past decision to drive under the influence.

Below is a non-exhaustive list of convictions that cannot be set aside. Most ineligible convictions include:

• convictions punishable by a maximum life sentence

• human and sex trafficking

• convictions involving sexual offenses, such as rape, child molestation, and sexual assault

• DUIs when it’s not your first offense of this kind

• traffic violations resulting in injury or death

• some domestic violence convictions where the first conviction was a misdemeanor and the second is a felony

• a second felony for the same crime when it’s punishable by more than ten years

What Is The Expungement Process?

Clearing your record can take several months or even up to a year once you start. Each court operates at its own pace, and some Michigan courts are still experiencing delays due to Covid-19. Typically, the Attorney General takes about three months to assess your eligibility and perform a background check after you submit your application. Eventually, you will receive a court hearing date. The procedure is different for automatic expungement.

For automatic expungement, the court will not automatically seal your conviction if it involves:

• an assault-related crime

• a serious misdemeanor

• a crime involving dishonesty, such as fraud or forgery

• a crime punishable by more than ten years

• a crime involving trafficking

Contact the knowledgeable Michigan Clean Slate attorneys at Marke Gilbert and Associates, PLLC for further information.