Michigan's New Expungement Law

Michigan recently adopted a new expungement law that addresses two major problems with the existing statute: 1. The process for obtaining an expungement under the existing law was complicated and onerous; and 2. Only a very limited number of crimes could be expunged.

Expungement is a post-conviction legal process that allows a person convicted of a crime to petition the court to remove the conviction from their record.

Under the current expungement statute it was not possible to have a felony expunged if you had more than one felony conviction. It was also not possible to expunge a misdemeanor if you had more than two misdemeanor convictions. It did not matter how old the convictions were. Applying to have the convictions expunged also required the person seeking the expungement to be fingerprinted, submit his fingerprints to the FBI, file a motion with the court and attend a court hearing. The new law seeks to simply and automate this process for folks who stay out of trouble. The new law also expands the applicability of the old expungement law to more individuals.

Here’s a basic summary of the provisions of the new law:

Automatic Expungement for Misdemeanor Offenses

For misdemeanors with a maximum punishment of 92 days or less, the expungement process will begin automatically seven years after the date of sentencing. This would include such offenses as disorderly conduct, disturbing the peace, basic retail fraud and other minor offenses. There is no limit to the number of minor misdemeanor offenses which may be automatically expunged.

The automatic expungement provisions are the same for misdemeanors punishable by more than 93 days in jail.

In order to qualify for automatic expungement the following requirements must be met:

1. The applicable time period must have elapsed;

2. There are no pending criminal charges against the individual; and

3. The individual has not been convicted of another crime during the applicable time period.

No more than four (4) misdemeanors punishable by more than 92 days may be expunged during the lifetime of the individual under this automatic expungement provision. There is no limit to the number of minor misdemeanors (less than 92 days) that may be expunged automatically.

The automatic expungement provisions do not apply to:

1. An individual who has more than 1 conviction for an assaultive misdemeanor or attempted assaultive misdemeanor punishable by 93 days or more;

2. A crime of dishonesty;

3. A serious misdemeanor; or

4. Any crime related to human trafficking.

*Note that the automatic expungement provisions of the new bill do not go into effect until sometime in April 2023.

Automatic Expungement for Felony Convictions

Under the new law the expungement process for a person with a felony conviction begins automatically ten years after whichever of the following occurs last:

1. Imposition of the sentence for the felony;

2. Completion of any term of felony probation;

3. Completion of any term of imprisonment with the Michigan Department of Correction; or

4. Discharge from parole

No more than two felony convictions may be expunged under this provision of the new law during the lifetime of the individual. The automatic expungement provisions of the new law also do not apply to a person who has convictions for two or more assaultive crimes.

The automatic expungement provisions for felonies do not apply to:

1. An individual who has more than 1 conviction for an assaultive crime or an attempted assaultive crime;

2. A crime of dishonesty;

3. An assaultive crime;

4. A felony punishable by more than 10 years; or

5. A felony related to human trafficking.

*Note that the automatic expungement provisions of the new bill do not go into effect until sometime in April 2023.

Marijuana Convictions

The new expungement statute also allows individuals with one or more prior convictions for misdemeanor possession of marijuana to apply for expungement. See MCL 780.621e.

Crimes Arising Out of Same Events

In some cases an individual has been convicted of multiple crimes that arise out of the same conduct or transaction. For example, an individual who has a prior conviction for a felony and is caught with a concealed weapon could be charged and convicted of: carrying a concealed weapon; felony in possession of a firearm; and felony firearm. In this example, the individual was convicted of three crimes as a result of one act: varying a concealed weapon.

The new expungement law sought to address this issue by counting multiple felonies and misdemeanors that arise out of one transaction or event as a single conviction for purposes of the expungement statute.

Changes to the Existing Expungement Application Statute

The new law also amended the existing expungement law to allow an individual to apply to have one or more felony or misdemeanors expunged. The prior law was limited to persons who had not more than one felony and not more than two misdemeanors.

Those who do not qualify to have their misdemeanor or felony convictions expunged under the new automatic provisions which take effect in Spring of 2023 may still apply to have their conviction set aside under the traditional application process.

If you have questions about applying to have your conviction expunged please contact me today.