EXPUNGEMENT ELIGIBILITY REQUIREMENTS
New expungement legislation in Michigan takes effect this year, significantly increasing the number of individuals who are now eligible to have their criminal convictions removed from public records. The following are a list of qualifications for your reference to outline what can be expunged under Clean Slate:
(A) Up to three felonies and an unlimited number of misdemeanors, with certain conditions on the types of offenses that qualify:
-No more than two assaultive crimes may be expunged.
-No more than one felony conviction for the same offense if the offense is punishable by more than 10 years imprisonment.
(B) The waiting period to apply after a person's monitoring by the justice system ends (i.e. sentencing, probation, release from incarceration, parole, whichever occurred last) if they remain conviction-free. The waiting period will be:
-Three years for misdemeanors.
-Five years for serious misdemeanors or one felony.
-Seven years for multiple felonies.
(C) Most traffic offenses will be eligible for expungement. This excludes convictions for:
-Driving while intoxicated.
-Traffic offenses that cause injury or death.
-Commercial Driver License violations.
(D) Misdemeanor marijuana possession and use that would not have been considered crimes after recreational marijuana was legalized in Michigan. Judges must grant expungements if prosecutors don't object.
(E) Multiple felonies or misdemeanors arising from the same 24-hour period are treated as one conviction for the purposes of expungement.
-None of the offenses can be assaultive, involve the use or possession of a dangerous weapon.
-None of the offenses can carry a maximum penalty of 10 or more years in prison.
(F) The following list of felony offense ARE NOT eligible for expungement under the law:
- All offenses punishable by life imprisonment
- Assault with intent to commit criminal sexual conduct
- Child sexually abusive material or activity offenses
- Felony domestic violence if the person ha a previous misdemeanor conviction for domestic violence
- Fourth-degree criminal sexual conduct (committed after January 12, 2015)
- Human-trafficking related offenses (UNLESS you are a victim)
- Second-degree child abuse
- Second-degree criminal sexual conduct
- Some traffic offenses such as: convictions for driving while intoxicated, traffic offenses that cause injury or death, and commercial driver's license violations
- Terrorism-related offenses - includes convictions for attempts to commit any of these offenses
- Third-degree criminal sexual conduct
- Using a compute to commit sex crimes offenses