The Michigan State Police is now streamlining the state's expungement process by searching for and setting aside certain convictions that qualify under the current law. Most employers, schools, or licensing boards will disqualify you from an opportunity because of a felony or misdemeanor conviction. There is no limit to how many of these types of misdemeanors can be set aside. second phase of Michigan's Clean Slate Act goes into effect on April 11, 2023, this new. Michigan police can still take your car, successfully expunged a conviction from their record, All offenses punishable by life imprisonment, Assault with intent to commit criminal sexual conduct, Child sexually abusive material or activity offenses, Driving while intoxicated, traffic offenses that cause injury or death, and commercial drivers license violations. Automatic expungement is when a felony or misdemeanor is automatically removed from someone's criminal history pursuant to Michigan's Clean Slate legislation. What that means, Council upholds demo contractor suspension amid probe into contaminated dirt, Could $1,200 a month in direct cash help Detroiters? For more information, go todetroitmi.gov/departments/law-department/project-clean-slate,call 313-237-3024 or email projectcleanslate@detroitmi.gov. For example, an automatic expungement does not: The automatic set aside provisions of the new law can be complicated. Copyright 2023 ClickOnDetroit.com is managed by Graham Digital and published by Graham Media Group, a division of Graham Holdings. An offense committed in another state counts as an assaultive offense under this section if the offense is substantially similar to Michigans definition of an assaultive offense. Mr. Spolin got my three cases dismissed, including two felonies! However, for most employment purposes, the conviction does not exist any longer. Prior to 2020, Michigan residents with one felony conviction or two or fewer misdemeanors for certain crimes were eligible to apply with courts to clear their record so long as they hadnt committed other offenses for at least five years. A first-time offense for driving while impaired/intoxicated may be expunged by application, but only once in a persons lifetime. What is a Michigan implied consent drivers license suspension? Automatic expungement for 1 million Michigan residents began Tuesday, No criminal charge? An offender will not have to apply to have his or her record expunged; instead, an eligible conviction will be set aside automatically (with exceptions for certain crimes). No problem! In the first eight days of operation, Michigan's automatic expungement system set aside 1,195,368 convictions, including 1,090,228 misdemeanors and 105,140 felonies, according to . Up to two felonies can be automatically expunged 10 years after the sentencing date or the completion of the term of imprisonment, whichever occurred last. Click here to access the states complete guide for navigating Michigans new Clean Slate laws. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); This field is for validation purposes and should be left unchanged. Automatic expungement is a new program to expunge ("set aside") some Michigan adult convictions starting on April 11, 2023. Up to 4 misdemeanors . Committing, attempting to commit, conspiring to commit, or soliciting another person to commit an offense under: 750.327: ordering, sending, taking or carrying dynamite, nitro-glycerine or any other explosive substance concealed either as freight or baggage on any passenger boat or vessel, railroad car, train of cars, street car, motor bus, or other vehicle used wholly or partly for carrying passengers. Convictions cleared for nearly 850K Michiganders as - Michigan Advance More than 1 million felonies and misdemeanors have been erased from residents recordssince the automatic program took effecton April 11, and state officials say the process is designed to run a daily check for newly-eligible convictions to expunge. thorough guide is available on the states website here. You don't need to apply for automatic expungement. Copyright 2021 by WDIV ClickOnDetroit - All rights reserved. No more than four of these misdemeanors can be automatically expunged. The Department of Attorney General estimates the process typically takes about eight months. What will the new laws do? New 'Clean Slate' laws to automate criminal record expungement process, expand eligibility criteria in Michigan Some convictions to be expunged automatically after set time period An open door.. Although automatic expungement provides a guarantee of setting aside a conviction, it also has a longer waiting period than an application for a set-aside, and an assaultive crime is excluded if the crime was a felony or a misdemeanor that resulted in 92 days or more imprisonment. In the first eight days of operation, Michigans automatic expungement system set aside 1,195,368 convictions, including 1,090,228 misdemeanors and 105,140 felonies, according to data provided by the Michigan State Police. (CBS DETROIT) - Michigan Attorney General Dana Nessel released a video outlining information about the new automatic expungement program . By Sara Powers. PDF Frequently Asked Questions Michigan's Clean Slate Legislation Automatic expungement for 1 million Michigan residents began Tuesday The states automatic expungement program is designed to scan the states list of criminal records every day to determine whether offenses meet eligibility requirements for setting aside the conviction, including type of offense, the amount of time that has passed since conviction and whether the person has reached the statutory maximum for automatic expungements. they have more than one conviction for an assaultive crime or attempt to commit an assaultive crime. A misdemeanor offense described above cannot be set aside automatically if it is: A serious misdemeanor (listed at the end of this article), An offense that is punishable by 10 years or more imprisonment, An offense that involves a minor, vulnerable adult, injury or serious impairment, or death, If a person committed more than one assaultive misdemeanor as described above in his or her lifetime, he or she is not entitled to an automatic set aside of any misdemeanor conviction for which the maximum penalty is imprisonment for more than 92 days and the records of which are maintained by the state police, 750.81c(3): causing impairment of a body function, 750.82: felonious assault; assaulting another person with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or another dangerous weapon without intending to commit murder or to inflict great bodily harm, 750.83: assault with intent to commit murder, 750.84: assault with intent to commit great bodily harm or assault by strangulation, 750.87: assault with intent to commit a felony not named in 750.82-750.86, 750.88: unarmed assault with intent to rob and steal, 750.89: armed assault with intent to rob and steal, 750.91: attempting to murder by poisoning, drowning, or strangling, 750.349a: taking a person hostage while a prisoner, 750.520b: criminal sexual conduct in the first degree, 750.520c: criminal sexual conduct in the second degree, 750.520d: criminal sexual conduct in the third degree, 750.520e: criminal sexual conduct in the fourth degree, except that a conviction that occurred before January 12, 2015, may be expunged if the offender has not been convicted of another offense other than 2 minor offenses, 750.520g: assault with intent to commit criminal sexual conduct, 750.530: using force, violence, or assault in committing a larceny, 750.90a: committing an act prohibited by 750.80-750.89 (above) upon a pregnant person, with intent to cause (or with wanton or willful disregard as to whether the conduct will cause) miscarriage or stillbirth and miscarriage or stillbirth actually results, 750.90b: committing acts 750.80-750.89 against a pregnant person and injury or stillbirth or miscarriage results, 750.90c: committing gross negligent act against a pregnant person if certain injuries defined by statute result, 750.90d: violation of traffic code 257.625(1) [driving while intoxicated] or (3) [driving while impaired from drinking or having a controlled substance or other intoxicating substance] resulting in an accident with a pregnant person and causing stillbirth, or miscarriage or great bodily harm or serious or aggravated injury to the fetus, 750.90e: operating a vehicle in a careless or reckless manner that proximately causes an accident with a pregnant person and causes miscarriage, stillbirth, or death to the fetus, 750.90g: violating the Infant Protection Act: causing the death of a live fetus as defined by the statute, 750.90h: violating the Partial Birth Abortion Ban Act as defined by the statute, 750.200: transporting, carrying, or conveying dynamite, gunpowder, or other explosive by common carrier carrying passengers for hire, 750.201: ordering, sending, taking, transporting, conveying, or carrying dynamite, nitroglycerine, fulminate in bulk in dry condition, or any other explosive substance that explodes by concussion or friction, that is concealed as freight or baggage, on a passenger boat or vessel, a railroad car or train of cars, a street car, motor bus, stage, or other vehicle used wholly or partly for carrying passengers or articles of commerce by land or water; attempt to commit such an offense, 750.202: delivering for transportation to any common carrier engaged in commerce by land or water, or causing to be delivered or to carry any explosive or other dangerous article, under any false or deceptive marking, description, invoice, shipping order, or other declaration, or without informing the agent of such carrier of the true character thereof, 750.204: sending explosives with intent to frighten, 750.204a: possessing, delivering, sending, transporting, or placing a device that is constructed to represent or is presented as an explosive, incendiary device, or bomb, with the intent to terrorize, frighten, intimidate, threaten, harass, or annoy any other person, 750.204b: importing, manufacturing, distributing, or storing explosive materials in this state, unless the importation, manufacture, distribution, or storage of the explosive materials complies with federal law, 750.204c: handling explosives while under the influence of alcohol or a controlled substance, 750.207: placing an explosive substance in or near any real or personal property with the intent to frighten, terrorize, intimidate, threaten, harass, injure, or kill any person, or with the intent to damage or destroy any real or personal property without the permission of the property owner, 750.209a: possessing an explosive substance or device in a public place with the intent to terrorize, frighten, intimidate, threaten, harass, or annoy any other person, 750.210: carrying or possessing an explosive or combustible substance or a substance or compound that when combined with another substance or compound will become explosive or combustible or an article containing an explosive or combustible substance or a substance or compound that when combined with another substance or compound will become explosive or combustible, with the intent to frighten, terrorize, intimidate, threaten, harass, injure, or kill any person, or with the intent to damage or destroy any real or personal property, 750.212: manufacturing, selling, keeping, or offering for sale any high explosive that is not marked, branded, or stamped; selling, keeping, or offering for sale any dynamite or other high explosive not branded or marked; falsely branding, marking, or stamping any such explosive; or selling, keeping, or offer for sale any high explosive bearing any false brand or mark.