The state of Michigan recently passed a “Clean Slate” law. Under the new law certain misdemeanor and felony conviction records in the state will be “set aside” or automatically expunged and will not require an application for expugement. The effective date of the law is April 11, 2021. The automatic expungement requirement will not begin until two (2) years after the effective date of the law.
Key Takeaways:
- Certain convictions that have been automatically expunged can be reinstated.
- Applicants who have had their convictions automatically expunged under the new law can state that they have not been previously convicted, except applicants with offenses related to the sex offenders registration act.
- A conviction and any records related to the conviction that has been set aside under the law cannot be used as evidence in an action for negligent hiring.
Offenses that can be automatically expunged:
- Conviction for a misdemeanor offense for which the maximum punishment is imprisonment for not more than 92 days, is set aside under this section if:
o Seven (7) years have passed from the imposition of the sentence.
- Conviction for a misdemeanor offense for which the maximum punishment is imprisonment for 93 days or more, is set aside under this section, if:
o Seven (7) years have passed from the imposition of the sentence.
o There are no criminal charges pending in the department of state police database against the applicant.
o The applicant has not been convicted of any criminal offense that is recorded and maintained in the department of state police database during the applicable time period required under subsection (2) and (4).
- Felony conviction is set aside if the following apply:
o Ten years have passed from whichever of the following events occurs last:
- Imposition of the sentence for the conviction.
- Completion of any term of imprisonment with the department of corrections for the conviction.
o The conviction or convictions are otherwise eligible to be set aside under section 1.
o There are no criminal charges pending in the department of state police database against the applicant.
o The applicant has not been convicted of any criminal offense that is recorded and maintained in the department of state police database during the applicable time period required under subsection (2) and (4).
Offenses that will not be eligible for automatic expungement (the commission of or attempted commission of any of the following):
(a) An assaultive crime.
(b) A serious misdemeanor.
(c) A crime of dishonesty.
(d) Any other offense, not otherwise listed under this subsection that is punishable by 10 or more years’ imprisonment.
(e) A violation of the laws of this state listed under chapter XVII of the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69, the elements of which involve a minor, vulnerable adult, injury or serious impairment, or death.
(f) Any violation related to human trafficking.
Because this law appears to be a very detailed, we recommend reviewing with external counsel. Please note: Although the law will take effect April of 2021, the automatic expungement period will start two (2) years later.
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