Michigan’s expungement laws will change in April

[KLAW Blog]

On Oct. 12, Whitmer signed House Bills 4980-4985 and 5120 into law to expand and simplify the state’s criminal record expungement process. The bills will take effect April, 11, 2021. 

The new law will expand the number and types of convictions that qualify for expungement.

Michigan is also working to establish a system to automatically expunge eligible felonies and misdemeanors after certain periods of time, but that still has some time before becoming active.

What’s expungement?

Expungement seals criminal convictions from the general public, including employers and landlords. Once a record is expunged, people applying for employment, housing and financial aid can truthfully state that the arrest and conviction never occurred. 

Of course… Law enforcement, courts and agencies such as the Michigan Department of Corrections retain access to expunged records.

Changes to expungement by application include:

• Eligible offenses: Expanding eligibility to up to three felonies and an unlimited number of misdemeanors, with certain conditions on the types of offenses that qualify. No more than two assaultive crimes can be expunged, and no more than one felony conviction for the same offense if the offense is punishable by more than 10 years imprisonment. 
• Waiting period: Adjusting the waiting period to apply after a person’s monitoring by the justice system ends (i.e. sentencing, probation, release from incarceration, parole — whichever occurred last) if they remain conviction-free. The waiting period will be three years for misdemeanors, five years for serious misdemeanors or one felony, and seven years for multiple felonies. 
• Traffic offenses: Expanding eligibility to most traffic offenses. This excludes convictions for driving while intoxicated, traffic offenses that cause injury or death, and Commercial Driver License violations. 
• Marijuana misdemeanors: Creating a streamlined process to apply for expungement of misdemeanor marijuana possession and use that would not have been considered crimes after recreational marijuana was legalized in Michigan. Judges must grant expungements if prosecutors don’t object. 
• Multiple offenses in one day: One bad day…Treating multiple felonies or misdemeanors arising from the same 24-hour period as one conviction for the purposes of expungement. None of the offenses can be assaultive, involve the use or possession of a dangerous weapon, or carry a maximum penalty of 10 or more years in prison. 

Not eligible for expungement

Felonies that carry a maximum punishment of life in prison, attempt to commit a felony for which the maximum punishment is life, felony domestic violence (if the person had a previous domestic violence misdemeanor), child abuse, most criminal sexual conduct offenses, DUIs, and traffic offenses causing injury or death. 

What’s eligible when automatic expungement starts?

Up to two felonies and four misdemeanors will be automatically cleared. There cannot be any new convictions during the waiting period. 

• Misdemeanors will be expunged seven years after sentencing.
• Felonies will be cleared 10 years after sentencing or the person’s release from incarceration, whichever comes last.

The following will not be eligible for automatic expungement: assaultive crimes, serious misdemeanors, “crimes of dishonesty” (such as forgery and counterfeiting), offenses punishable by 10 or more years in prison, and crimes that involve a minor, a vulnerable adult, human trafficking, injury or serious impairment, and death. 

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How do I apply for expungement?

An application form from the State Court Administrative Office lists step-by-step instructions. The form can be found online by searching Google for “application to set aside conviction MC 227 form.” For expungement under the laws taking effect this spring, the State Court Administrative Office is working on an updated application form that should be available on its website by mid-March.

Generally, the process involves ordering a certified record of convictions from the clerk of the court where the convictions occurred, getting fingerprinted, getting the application notarized, filing the application with the court and preparing for a hearing in front of a judge.

Related Stuff

In April of 2019, Whitmer created the Michigan Task Force on Jail and Pretrial Incarceration, chaired by Lt. Gov. Garlin Gilchrist and Bridget McCormack, Michigan Supreme Court chief justice, which reviewed the state’s jail and court data to expand alternatives to jail, safely reduce jail admissions and length of stay, and improve the effectiveness of the front end of Michigan’s justice system. The task force has produced a report and made recommendations.

Another new law will ensure that anyone under 18 years old will be treated as a minor in juvenile court and receive the rehabilitation services that are offered in the juvenile justice system to reduce recidivism, such as those practices outlined in the Youth Rehabilitation Services Act.

Expungment History

A Brief History of Expungement in Michigan

Download>> State of Michigan application to set aside conviction

A list of bills signed by Whitmer in 2020 and 2019 can be viewed at 

• https://www.legislature.mi.gov/documents/2019-2020/publicacttable/pdf/2020-PAT.pdf 
• https://www.legislature.mi.gov/documents/2019-2020/publicacttable/pdf/2019-PAT.pdf. 

Other Links

•  Michigan Task Force on Jail and Pretrial Incarceration

Important news for medical marijuana patients

Victory For Michigan Marijuana Patients

Victory For Michigan Marijuana Patients

Medical marijuana patients have had their doctor recommended use of cannabis while on probation in limbo for a long time.

Lead trial attorney and advocate for marijuana law reform Michael Komorn and his dedicated team of attorneys (specifically Ally McCormick) secured a victory in the Michigan Court of Appeals for Medical Marijuana Patients

As many battles for marijuana patients, caregivers and business clients represented by the Komorn Law Firm loom in the background – a decision has been made to set the tone for future cases involving those on probation.

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