On October 12, 2020, Governor Whitmer signed into law what has become known as the “Clean Slate Act”. This collection of bipartisan legislation will most assuredly open the door for many previously disqualified candidates to apply to have certain convictions lifted from their criminal records. Here, in this office, we have successfully helped many clients through the expungement process. Our attorneys are very familiar with the provisions of MCL 780.621 and are always happy to help new and prospective clients with any questions they might have concerning expungement.
In an effort to provide you with a little more information about the upcoming changes to Michigan’s expungement laws, we’ve put together a very brief summary of some of the more notable changes slated to take effect on April 11, 2021.
Under current Michigan law, generally speaking, a person may apply to have one or more convictions set aside so long as that person has not been convicted of more than one felony and not more than two misdemeanors or not more than two misdemeanors with no other felonies. A person may not bring their petition until at least five years have passed since the completion of their sentence, whether that be incarceration, probation, or parole. Certain convictions cannot be expunged including those punishable by life imprisonment as well as a wide variety of both sex and traffic offenses.
Beginning in April 2021, under the “Clean Slate” initiative, individuals will be granted some reprieve from having to drudge through this often complicated process with the creation of an automated computer-based program that will set aside eligible misdemeanors after seven years as well as eligible non-assaultive felonies after 10 years. Significantly, the initiative also increases the number and type of convictions that are eligible for set aside and creates a pathway for individuals to have one or more marijuana offenses set aside if those offenses would not have been illegal after 2018.
It’s important to remember that each case carries with it very specific facts and circumstances, any one of which can trigger very unique and unexpected complications. The best tool that you can carry with you through this process is a strong ally, an advocate that knows the law and knows you as a person instead of a case number. We look forward to being that ally.
As one of Michigan’s leading attorneys, I will work hard to ensure that your future and driving privileges are not harmed. If unfortunately you do get arrested for impaired driving or a DUI, then having the best possible legal representation will be your biggest concern.