On October 12, 2020, Governor Gretchen Whitmer signed seven (7) bills into law. These new laws expanded the number and types of criminal charges that can be expunged from your record. To determine whether your specific convictions can be expunged, you will need to give us a call for a free consultation. There are many exceptions, however, there also many limitations, and we will need to consult with you to determine you are eligible. The highlights of the new Clean Slate Laws are:
1. After April 12, 2021, up to three (3) felony charges and an unlimited number of misdemeanors can be expunged through an Application to Set Aside Conviction.
2. No more than two (2) assaultive crimes can be expunged, and no more than one (1) felony conviction for the same offense if the offense is a crime punishable by more than ten (10) years imprisonment.
Assaultive Crimes:
- * Threats, assaults, and batteries against family independence agency employees,
- * Any felony or misdemeanor assault of any type,
- * Carjacking and Robbery,
- * Offenses involving explosives, harmful chemicals, biological substances, radioactive material, electronic or electromagnetic devices, offensive or injurious substances or compounds, combustible substances,
- * Offenses related to terrorism,
- * Murder, Homicide, Assault with Intent to Murder, and Mayhem,
- * Kidnapping, Unlawful Imprisonment, or taking an adult or child hostage, Stalking,
- * Criminal Sexual Conduct (CSC), Molestation, Child Abuse, and Rape,
- * A crime resulting in miscarriage, stillbirth, or death or harm to an embryo or fetus,
- * Home Invasion, and
- * Felonious Discharge of a Firearm.
1. The waiting period is three (3) years for many misdemeanors, five (5) years for a serious misdemeanor or up to one felony, and seven (7) years for multiple felony convictions.
2. After October 12, 2022, at the earliest, a maximum of 2 felony convictions and up to 4 misdemeanors will be subject to automatic expungement, with various exceptions, including an assaultive crime, crime of dishonesty, a felony punishable by 10 or more years, a crime against a child or vulnerable adult, or a crime related to human trafficking.
* For an offense to be eligible for automatic expungement, there must be no contact with the criminal justice system for 7 years from the imposition of sentence for a misdemeanor and 10 years from the conclusion of probation or incarceration, whichever is later, for a felony.
1. Traffic convictions, other than OWI/DUI, traffic crimes that resulted in death or injury, or traffic offenses involving a commercial vehicle's operation can be set aside under the Clean Slate Laws.
2. Crimes that aren't eligible for expungement include:
- * life felonies or attempted life felonies,
- * felony domestic violence with a previous misdemeanor domestic violence conviction,
- * child abuse,
- * most criminal sexual conduct offenses (CSC),
- * OWI/DUI,
- * crimes committed during the operation of a commercial vehicle,
- * traffic offenses causing injury or death,
- * permitting a 16-year-old or younger female to be in a house of prostitution,
- * holding an individual in debt bondage,
- * any offense directly or indirectly related to human trafficking for forced labor,
- * or any offense related to terrorism.
1. There is a streamlined process for expunging a conviction for marijuana possession, including no waiting period (if filed on or after April 21, 2021).
2. Multiple felonies or misdemeanors that arise within the same 24-hour period count as one conviction ("one bad day" rule) for expungement, except for assaultive crimes, offenses involving the use or possession of a dangerous weapon, or crimes that carry a maximum penalty of 10 or more years in prison.