State officials said Monday that a new automatic expungement program under the new “Clean Slate” law is expected to erase old convictions for over 1 million Michigan residents.
The state worked in tandem with Michigan State Police to develop an automated program that will notify the courts daily and provide files of all eligible convictions that can be erased under Michigan’s new “Clean Slate” law, which was signed into law in 2020 and went into effect in April 2021.
“It is anticipated that over 1 million residents will receive automatic expungements on this, the first day of the program’s rollout, and 400,000 residents are expected to end the day completely conviction free,” a statement from Michigan Attorney General Dana Nessel’s office read Tuesday.
Though the project was approved years ago, the state just rolled out its automatic expungement program on April 11. Residents previously had to fill out paperwork to request expungement.
“My department has been traveling the state for years, hosting expungement fairs to help eligible residents clear their records in the hopes of improving employment and housing eligibility, as well as significantly reducing the chances of that resident winding up back in the court system. Today, that process becomes a whole lot easier,” Nessel said Tuesday.
There is criteria Michiganders have to meet in order for convictions to be set aside. Eligible felony convictions will automatically be set aside 10 years after the sentence of a conviction of completion of imprisonment with the Michigan Department of Corrections.
The state reported that no more than two felony convictions or four misdemeanors could be automatically set aside.
Below is what the state wants you to know if you think you are eligible for the automatic expungement
Do you have an active or pending criminal case?
Yes: You are not eligible for automatic set aside at this time but may be in the future once your criminal case is closed and the applicable time frame has passed.
No: Go to next question.
Is the conviction(s) one of the following:
- An assaultive crime.
- A serious misdemeanor.
- A crime of dishonesty.
- Any other offense, not otherwise listed under this subsection, that is punishable by 10 or more years of imprisonment.
- 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.
- Any violation related to human trafficking.
- Any of the following traffic offenses:
- A conviction for operating while intoxicated committed by any person.
- Any traffic offense committed by an individual with an endorsement on his or her operator’s or chauffeur’s license to operate a commercial motor vehicle that was committed while the individual was operating the commercial motor vehicle or was in another manner a commercial motor vehicle violation.
- Any traffic offense that causes injury or death.
Yes: Your conviction(s) is not eligible to be automatically set aside.
No: Go to next question.
Has the following time passed on the conviction(s)?
- 7 years for less than 92-day misdemeanor.
- 7 years for 93-day or more misdemeanor.
- 10 years for felony.
No: Your conviction(s) is not eligible to be automatically set aside.
Yes: Your conviction(s) may be eligible.
To see if you are qualified for the automatic expungement in the state of Michigan, click here.
Below are the convictions that the state will not automatically set aside
- An assaultive crime.
- A serious misdemeanor.
- A crime of dishonesty.
- Any other offense, not otherwise listed in this subsection that, is punishable by 10 or more years’ imprisonment.
- A crime with elements involving a minor, vulnerable adult, injury or serious impairment, or death.
- Any violation related to human trafficking. MCL 780.621g (10).
- The following traffic offenses:
- A conviction for operating while intoxicated committed by any person.
- Any traffic offense committed by an individual with an endorsement on his or her operator’s or chauffeur’s license to operate a commercial motor vehicle that was committed while the individual was operating the commercial motor vehicle or was in another manner a commercial motor vehicle violation.
- Any traffic offense that causes injury or death.
Click here to see what will remain on your record.
Michigan residents who did not qualify for an automatic expungement may still go through the traditional expungement application progress.
Below is a video from Michigan’s attorney general outlining the ‘clean slate’ program:
Click here to access the state’s complete guide for navigating Michigan’s new Clean Slate laws.