The following will not be eligible for automatic expungement: assaultive crimes, serious misdemeanors, "crimes of dishonesty" (such as forgery and counterfeiting), offenses punishable by 10 or more years in prison, and crimes that involve a minor, a vulnerable adult, human trafficking, injury or serious impairment, and death. There cannot be any new convictions during the waiting period. Felonies will be cleared 10 years after sentencing or the person's release from incarceration, whichever comes last. Misdemeanors will be expunged seven years after sentencing. Up to two felonies and four misdemeanors will be automatically cleared. When automatic expungement begins, what convictions will be eligible? More: Detroit residents can apply now for help with expungement under new laws What convictions will not be eligible for expungement through the application process?įelonies that carry a maximum punishment of life in prison, attempt to commit a felony for which the maximum punishment is life, felony domestic violence (if the person had a previous domestic violence misdemeanor), child abuse, most criminal sexual conduct offenses, DUIs, and traffic offenses causing injury or death. Whitmer signs bills expanding criminal record expungement in Michigan None of the offenses can be assaultive, involve the use or possession of a dangerous weapon, or carry a maximum penalty of 10 or more years in prison.
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This excludes convictions for driving while intoxicated, traffic offenses that cause injury or death, and Commercial Driver License violations. Traffic offenses: Expanding eligibility to most traffic offenses.The waiting period will be three years for misdemeanors, five years for serious misdemeanors or one felony, and seven years for multiple felonies. sentencing, probation, release from incarceration, parole - whichever occurred last) if they remain conviction-free. Waiting period: Adjusting the waiting period to apply after a person's monitoring by the justice system ends (i.e.
No more than two assaultive crimes can be expunged, and no more than one felony conviction for the same offense if the offense is punishable by more than 10 years imprisonment. Eligible offenses: Expanding eligibility to up to three felonies and an unlimited number of misdemeanors, with certain conditions on the types of offenses that qualify.The key changes to expungement by application include: 30, 2022, according to Safe & Just Michigan. This bill had a two-year implementation period, meaning the earliest that automatic expungement will take effect is Dec.
Michigan is also creating a system to automatically expunge eligible felonies and misdemeanors after certain periods of time. These laws apply to the petition process, which is when someone asks the court for an expungement and the decision is made by a judge.
The changes to expungement via the application process will take effect on April 11. Law enforcement, courts and agencies such as the Michigan Department of Corrections retain access to expunged records. Once a record is expunged, people applying for employment, housing and financial aid can truthfully state that the arrest and conviction never occurred. What is expungement?Įxpungement seals criminal convictions from the general public, including employers and landlords. Gretchen Whitmer signed into law last fall. Here's a rundown of the changes that Gov. Other programs to assist with expungement are expected to roll out later this year. The city of Detroit on Thursday encouraged people who may be eligible for expungement under the new law to reach out to its Project Clean Slate program. New laws that take effect this spring will expand the number and types of convictions that qualify for expungement. Big changes are ahead for people who want to get their criminal records sealed from public view in Michigan.
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