In recent years, Michigan has taken significant strides in criminal justice reform, most notably through the enactment of the Clean Slate Law. This legislation, which became effective on April 11, 2021, aims to expand and automate the expungement process, providing individuals with certain criminal convictions the opportunity to clear their records and pursue better employment, housing, and educational opportunities.

Understanding the Clean Slate Law

The Clean Slate Law introduces two primary avenues for expungement: automatic expungement and application-based expungement.

Automatic Expungement

As of April 11, 2023, Michigan began the automatic expungement of certain convictions. Under this provision:

• Up to two felony convictions can be automatically expunged 10 years after sentencing or release from custody, whichever is later.
• Up to four misdemeanor convictions punishable by 93 days or more can be automatically expunged seven years after sentencing.
• Misdemeanors punishable by less than 93 days are also eligible for automatic expungement after seven years.

To qualify, individuals must not have any pending charges or convictions during the applicable waiting period. However, certain offenses are excluded from automatic expungement, including assaultive crimes, serious misdemeanors, offenses punishable by 10 or more years, crimes involving minors or vulnerable adults, and traffic offenses causing injury or death.

Application-Based Expungement
For convictions not eligible for automatic expungement, individuals can apply to have their records set aside. The Clean Slate Law has expanded eligibility for application-based expungement:

• Individuals can seek expungement for an unlimited number of misdemeanors and up to three felonies, with certain exceptions.
• Multiple convictions arising from the same event within a 24-hour period may be treated as a single offense for expungement purposes, provided they are not assaultive, do not involve the use of a dangerous weapon, and are not punishable by more than 10 years.
• The waiting period to apply varies: three years for misdemeanors, five years for felonies, and seven years for multiple felonies.

Impact and Implementation

Since the implementation of the Clean Slate Law, Michigan has seen a substantial number of individuals benefit from expungement. In the first year of automatic expungement alone, over 1.4 million convictions were set aside, affecting more than 900,000 people. Among them, approximately 283,000 individuals had their entire criminal records cleared. This reform has not only provided relief to those with past convictions but has also had broader societal benefits. Expungement can lead to increased employment opportunities, higher earnings, and reduced recidivism rates, contributing to safer and more prosperous communities.

Navigating the Expungement Process

While the Clean Slate Law has simplified the expungement process, navigating the legal system can still be complex. Individuals seeking to determine their eligibility or to apply for expungement may benefit from consulting with legal professionals or utilizing resources provided by the state. The Michigan Attorney General’s office offers assistance and information on expungement, including upcoming expungement fairs and guidance on the application process.

Conclusion

Michigan’s Clean Slate Law represents a significant advancement in criminal justice reform, offering individuals the opportunity to move beyond past convictions and contribute positively to society. By understanding the provisions and processes associated with this law, eligible individuals can take proactive steps toward clearing their records and embracing new opportunities. For more detailed information and assistance, individuals are encouraged to visit the Michigan Attorney General’s expungement assistance page

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Ali A. Berro, ESQ., is a YLS District One Representative and CEO & Managing Partner of Berro Law Firm, PLLC specializing in Contract law and Criminal defense.