What Can Be Expunged and the Michigan Clean Slate Act

The Michigan Clean Slate Act

If you have a criminal history, Michigan recently passed legislation that makes it easier for you to get your criminal conviction expunged. An expungement is when you petition the court to set aside a conviction.

What changes does the Michigan Clean Slate Act bring?

It creates an automatic process for setting aside certain misdemeanors after years and certain non-assaultive felonies after 10 years. This change will likely not be implemented until the beginning of 2023.
It expands which felonies and misdemeanors are eligible to be expunged.
It expands which traffic offenses are eligible to be expunged.
It changes the waiting period before being able to apply for an expungement.
It treats multiple felonies or misdemeanor offenses that occurred out of the same transaction as one conviction.
It allows a person to apply for an expungement for marijuana offenses if the offense would not have been a crime once the use of recreational marijuana by adults became legal in Michigan.

If you need to get a criminal conviction expunged off of your record, speak to an experienced Michigan criminal defense attorney immediately. Call us at (248) 609-3938 for a free initial consultation.

How many convictions can be cleared?

Thanks to the Michigan Clean Slate Act, you can now set aside an unlimited number of eligible misdemeanor convictions, and up to three eligible felony convictions. There are exceptions and rules regarding eligibility.

Some exceptions include:

You cannot have more than two “assaultive crimes” set aside in your lifetime.
You cannot have more than one of the same felony conviction set aside if that offense is punishable by more than 10 years of imprisonment.

The new law allows for criminal offenses that occurs out of the same transaction and within 24 hours to be counted as one conviction. Therefore, multiple felony convictions will be treated as one felony and multiple misdemeanor convictions will be treated as one conviction. Note that this does not apply to the following:

An assaultive crime
A crime involving use or possession of a dangerous weapon
A crime with a maximum penalty of ten or more years’ imprisonment
A conviction from another state that would be considered an assaultive crime under Michigan law

How long do I have to wait until I can get an expungement?

The new waiting periods as set out by the Michigan Clean Slate Act:

If you are trying to get an expungement on more than one felony conviction; seven years

If you are trying to get an expungement on one felony, or one or more serious misdemeanor convictions; five years

If you are trying to get an expungement on one or more non-serious misdemeanors; three years

Once the minimum amount of time has passed, you are eligible to apply for your conviction to be set aside. The clock begins at the latest of the following:

The date you are sentenced;
The date you complete your term of imprisonment;
The date you complete your term of probation; or
The date you are discharged from your term of parole.

What traffic offenses are ineligible for expungement?

Traffic offenses causing death or injury
Traffic offenses involving the operation of a motor vehicle or a commercial motor vehicle violation

The Clean Slate Act and Marijuana Convictions

Under the Clean Slate Act, anyone convicted of an eligible marijuana offense may move to have it set aside. Unlike other expungements, there is no waiting period for these marijuana offenses. The presumption is that these are convictions that would not have been a crime if the act was committed on or after December 6, 2018, which is when recreational marijuana use became legal in Michigan.

What marijuana convictions are eligible?

Possession of marijuana
Use of marijuana
Marijuana paraphernalia
Local ordinances that correspond to the above crimes

Law update – Operating While Intoxicated can now be expunged under Michigan law. Click Here to learn more about this law change regarding operating while intoxicated.