:: automatic expungement ::
Michigan, are you ready for a fresh start?
Your criminal record may already be expunged, but how would you know?
On April 11, 2023, Clean Slate Automatic Expungement arrived in Michigan. This new law clears away old criminal records from people who have remained crime-free for a period of years, opening doors of opportunity in jobs, housing and education.
While automatic expungement is a step forward for Michigan because it makes the expungement process free and basically effortless, the laws surrounding it are a bit confusing. For instance, there are limits surrounding how many offenses that can be automatically expunged, which kinds of offenses are eligible and how long of a waiting period there is before a person qualifies for automatic expungement. At the same time, people can still petition to get their record expunged — and different rules exist for the petition process.
To help people understand the rules surrounding automatic expungement and determine whether they might qualify for it, we’ve created this FAQ.
What is an expungement?
What are the advantages of getting an expungement?
What is Clean Slate?
Clean Slate is the name of a package of laws passed in Michigan in 2020. Under Clean Slate, access to expungements was widely expanded in the following ways:
- Michigan increased the kinds of offenses eligible for expungement.
- The number of offenses a person is allowed to expunge was increased.
- For the first time, traffic-related offenses became eligible for expungement.
- Marijuana-related offenses that wouldn’t have been illegal once the state legalized recreational marijuana became eligible for expungement.
- A plan to automate expungement for certain offenses was created.
Aside from automatic expungement, all the expungements described above are available through the court petition process. That means you have to fill out paperwork, obtain a copy of your criminal record, get fingerprinted and appear in court. While this is a time-consuming and laborious process, there are free and low-cost resources available to help you. For more information, please look HERE. For up-to-date information on expungement fairs in Michigan, please look HERE.
How can I determine whether I should petition for an expungement or get an automatic expungement?
If you qualify for an automatic expungement, it will be granted without any action on your part. However, the waiting period for petition expungements is shorter, so some people may want to make the effort to get an expungement that way. In addition, some offenses qualify for an expungement by petition but not an automatic expungement — in this case, the only way to get an expungement is through a petition process. On the other hand, it takes more effort and expense to get a petition expungement, so you may want to wait to qualify for an automatic expungement.
What is Automatic Expungement?
Automatic expungement is a feature of Clean Slate that does what it says: it removes items from your criminal record without you having to request it. However, you will have to meet certain requirements in order to qualify for an automatic expungement. Some of the limits to automatic expungement include:
- The kinds of offenses available for automatic expungement.
- The number of items that can be automatically expunged from your record.
- The length of time since the completion of your sentence and the expungement.
- Whether you have had any “intervening convictions,” or additional convictions, between the completion of a sentence and today. For instance, if you had one felony conviction for shoplifting and completed your prison sentence in 2013, 10 years have passed and that conviction would be eligible for expungement, if you meet all other requirements. However, if you also had another conviction for any other offense since then, this may prevent your felony offense from being automatically expunged.
What is disqualified from automatic expungement?
Michigan is unique in that it’s the only state to allow felonies to be automatically expunged. However, not every felony qualifies for automatic (or petition) expungement, so it’s important to understand what does and does not qualify. In general, here are the categories excluded from automatic expungement:
- An assaultive crime (e.g domestic violence or assault and battery). Additionally, anyone with more than one assaultive crime on their record will be disqualified from having any of their convictions automatically expunged. See MCL 780.621G(7) at bit.ly/SetAsides.
- A serious misdemeanor (e.g DUI, stalking, indecent exposure, contributing to the delinquency of a minor).
- A crime of dishonesty (e.g felony embezzlement, felony uttering and publishing).
- Any other offense, not otherwise listed under this subsection, that is punishable by 10 or more years imprisonment (e.g home invasion-1st degree or unarmed robbery).
- Any other offense, not otherwise listed under this subsection, that is punishable by 10 or more years imprisonment (e.g home invasion-1st degree or unarmed robbery).
- Any violation of MCL 777.1 to 777.69, which involves a minor, vulnerable adult, injury or serious impairment, or death. See bit.ly/MichSentencing.
- Any violation related to human trafficking.
- Any other conviction which is ineligible for expungement through the petition process (e.g traffic offense causing injury or death, life offenses, any traffic offense committed by a person with a CDL, while operating a commercial motor vehicle)
What does not qualify for a petitioned expungement?
The following types of convictions cannot be expunged through either the petition or automatic expungement processes:
- Certain DUI offenses (Please note that effective Feb. 19, 2022, first-time DUI offenses may be eligible for expungement.)
- Any offense punishable by life (see list at bit.ly/mics-life).
- Any traffic offenses committed by a person with a commercial driver’s license (CDL) while operating a commercial vehicle.
- Any traffic offenses causing injury or death.
- Felony domestic violence if the individual has a prior misdemeanor domestic violence conviction.
- Criminal Sexual Conduct (CSC) 1st-, 2nd- and 3rd-degree.
- CSC 4th-degree if committed on or after Jan. 12, 2015.
- Out-of-state convictions
- Federal convictions
Where can I get more information or help with my expungement?
Safe & Just Michigan is working to get information about Clean Slate, Automatic Expungement and expungement opportunities to people throughout Michigan. Our Clean Slate website, bit.ly/SJM-CS, hosts information on how Clean Slate works and where to get free- and low-cost expungement help. We have updated information on upcoming expungement fairs on our events page located at bit.ly/EventsSJM. Additionally, we urge you to sign up for our monthly e-newsletter, where you can learn the latest on criminal justice reform legislative efforts in Michigan, at bit.ly/sjmsignup.
SJM Self-Assessment Tool
Para ver este formulario en Español, haga clic aquí.
Safe & Just Michigan can help. Use our free self-assessment tool to determine whether you may qualify for automatic expungement. If it looks like you do, we’ll help you obtain your official state record at no cost so you can make the most of Michigan’s new automatic expungement law.
