Michigan's Clean Slate Law: Automatic Expungement and Clearing Your Record

If you have a criminal record, you may be concerned that it will affect you long after you have paid your fines and your sentence is complete. As you know, a criminal conviction can follow you for years, impacting your ability to find a job, secure housing, and move forward with your life.

To address the adverse effect of a criminal conviction, in 2020, Michigan passed its Clean Slate Law, which increased access to criminal record expungement and included a plan to automate criminal record expungements for certain offenses. Automatic expungement took effect in 2023, two years after the Clean Slate Law took effect. But, even though certain offenses are supposed to be expunged automatically, you should still check to verify that your record was expunged.

A criminal defense attorney can confirm whether your automatic criminal record expungement went through and, if it did not, assist you in expediting the process and ensuring your conviction was expunged.

What Is Automatic Expungement Under Michigan’s Clean Slate Law

Michigan’s Clean Slate Law created a process for removing certain felony and misdemeanor convictions from an individual’s criminal record without the need to apply for an expungement or take other action. To qualify, you must meet certain standards, and the automatic expungement will not occur for between 7 and 10 years after the completion of your sentence, depending on the nature of the crime.

Who Qualifies for Automatic Expungement?

The following categories of criminal convictions qualify for automatic expungement under Michigan’s Clean Slate Law:

• Misdemeanors punishable by less than 92 days of imprisonment are automatically expunged seven years after the sentencing date. There is no limit on the number of convictions of this type that can be expunged automatically.
• Misdemeanors punishable by imprisonment of 93 days or more can be expunged seven years after the sentencing date if there are no pending criminal charges and the individual has not been convicted of another criminal offense within the seven-year period. Only four convictions of this type can be expunged automatically.
• Certain felony convictions can be automatically expunged 10 years after the sentencing date or completion of a prison sentence, whichever was later. Automatic expungement will not occur if the individual has been convicted of a crime within the last 10 years or has criminal charges pending.

Certain crimes do not qualify for automatic expungement, including violent crimes like assault, kidnapping, rape, homicide, and manslaughter, as well as “serious” misdemeanors, like second and third OWIs, crimes of dishonesty (like fraud), and crimes punishable by more than 10 years in prison.

Did Your Automatic Expungement Go Through?

Even if you are eligible for automatic expungement, you should still verify that the expungement has taken place. Elmen Legal can confirm that the automatic expungement was successful, or you can run a background check on yourself through Michigan’s ICHAT service.

Should I Apply for Criminal Record Expungement?

If your automatic expungement did not go through or your conviction is not eligible for automatic expungement, you can still apply for expungement manually. Elmen Legal can help you by:

• Obtaining your criminal record
• Filing an application for expungement
• Serving copies of the petition for expungement on the Michigan State Police, the Attorney General, and the prosecutor
• Representing you at a hearing where the judge will review your case to determine whether expungement is appropriate

Criminal record expungement can be complicated, but Elmen Legal can guide you through the process, ensure the application is completed properly, and present your case in the most effective way.

Do I Need a Lawyer to Expunge My Marijuana Conviction?

Under Michigan’s Clean Slate Law, people with misdemeanor marijuana convictions can apply for expungement if the conduct would be legal under the current law, which legalized marijuana. However, expunging a marijuana-related conviction is not automatic, and certain convictions are not eligible for expungement. Elmen Legal can confirm whether your conviction is eligible for expungement, and fight back if the prosecutor tries to rebut the presumption in favor of expungement.

Elmen Legal Can Assist with Criminal Record Expungement in Michigan

Michigan expungement law is complex and can be challenging to navigate. Elmen Legal can confirm whether you qualify for automatic expungement or whether you need to apply. Working with an experienced Michigan expungement attorney will improve your likelihood of success.