New Criminal Record Expungement Laws

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New Criminal Record Expungement Laws in Michigan went into effect on April 11, 2021. The eligibility to get records set aside varies and confuses many of those looking to get it done. The government has released many help programs but it might be wise to have a lawyer assist you.

Criminal record set asides (sometimes referred to as “expungement”) can help individuals to have the opportunity to find jobs and affordable housing. A “clean slate” can help strengthen families, communities, and the chance to make a better life.

Setting it Aside

Setting aside a conviction is the process that clears a public criminal record. In Michigan, there is one process to set aside a conviction on an adult record and a different process to set aside a juvenile conviction, called an adjudication. 

Setting it aside does not delete the record. Setting aside a conviction (sometimes called getting an expungement) will remove a specific conviction from your public criminal record. … The court system and the Michigan State Police (MSP) will maintain a nonpublic record of your conviction.

A study​ found that those whose criminal records are set aside experience “a sharp upturn in their wage and employment trajectories.”

Use the Michigan Legal Help links below for more information on how to set aside a criminal record. It may be best to have an attorney assist you in this process. The cost of using an attorney can range from $1500 to $5000. It could be worth the investment if it opens opportunities for better employment. Having you record expunged can be the difference between checking a box on an employment application and being accepted or rejected.

Complimentary Criminal Record Expungement Eligibility Evaluation – Call Today – Komorn Law 248-357-2550

How To Take Part

Please take part in this and get your criminal record expunged and increase your wage potential because it cost taxpayers 2.2 million. Your taxable wages will help give the gov more money make it rain on really dumb projects. This one is one of the better ideas but doesn’t do it fast enough.

HOW TO SET ASIDE A CRIMINAL RECORD

MI LEGAL HELP: Setting Aside an Adult Conviction (article) 
MI LEGAL HELP: I Have a Juvenile Adjudication to Set Aside (how-to)
MI LEGAL HELP: I Have an Adult Adjudication to Set Aside (how-to)
SCAO: Application to Set Aside Conviction (court form)

Clean Slate Legislation

Recent legislation makes Michigan a national leader in helping residents more easilyset aside criminal records and a get a “clean slate.” The new laws make set asidesautomatic for certain offenses; however, for some offenses, parties will need to apply for a set aside. 

What?!? Eligibility doesn’t start for 2 years?

While these new laws take effect on April 11, 2021, court and law enforcement authorities were allowed two years to secure funding and coordinate plans to allow for automatic set aside of some offenses. That means automatic set asides will not be implemented until April 2023, at the earliest.

Don’t wait for the automatic process – Send a lawyer into the trenches to fight on your behalf.

FREE Criminal Record Expungement Eligibility Evaluation – Call Today – Komorn Law 248-357-2550

Highlights of the “Clean Slate” package include:

​Creating an automatic process for setting aside eligible misdemeanors after seven years and eligible non-assaultive felonies after 10 years. [NOTE: Not implemented until April 2023.]

Expanding the number and revises the types of felonies and misdemeanors eligible to be set aside by application. [NOTE: A revised application form will be available on this page prior to the effective date of April 11, 2021.]

Revising the waiting periods before being eligible to apply for a set aside. 

Treating multiple felonies or misdemeanor offenses arising from the same transaction as a single felony or misdemeanor conviction, provided the offenses happened within 24 hours of one another and are not assaultive crimes, or involves possession or use of a dangerous weapon, or is a crime that carries penalty of 10 or more years in prison.  

Expanding set aside eligibility to various traffic offenses.

Allowing a person to petition to set aside one or more marijuana offenses if the offense would not have been a crime if committed after the use of recreational marijuana by adults became legal in the state.

FREE Criminal Record Expungement Eligibility Evaluation – Call Today – Komorn Law 248-357-2550

FAQs about Setting Aside Adult Convictions (Links)

• What does it mean to set aside a conviction?
• What is a conviction?
• How many convictions can I set aside?
• How can I search my criminal records?
• Are there some convictions that cannot be set aside?
• What is a Minor Offense?How do I get a conviction set aside?
• How long do I have to wait before I can ask the court to set aside a conviction?
• What is a serious misdemeanor?
• What does it cost to set aside a conviction?
• What happens after my conviction is set aside?
• Who was the prosecutor in my criminal case?
• Where do I file my application?
• Do I have to go to court?
• How long before my conviction is set aside?
• What if I was a victim of human trafficking?
• Which misdemeanor marijuana convictions are eligible for the special expungement process?
• Which traffic convictions cannot be set aside?
• What is the “One Bad Night Rule”?
• What are assaultive crimes?I heard about automatic expungements; can I set aside a conviction without an application?
• What if there is incorrect information on my criminal record?
• Are there any other ways I can clear my record?

View the full text of the bills in the “Clean Slate” package:

• House Bill 4980 – introduced by Rep. Yousef Rabhi (D-53rd District)
• House Bill 4981– introduced by Rep. Pauline Wendzel (R-69th District)
• House Bill 4982 – introduced by Rep. Luke Meerman (R-88th District)
• House Bill 4983 – introduced by Rep. Yousef Rabhi (D-53rd District)
• ​House Bill 4984​ – introduced by Rep. David LaGrand (D-75th District)
• House Bill 4985 – introduced by Rep. Sherry Gay-Dagnogo (D-8th District)
• House Bill 5120 – introduced by the late Rep. Isaac Robinson (D-4th District)

LEGAL ADVISORY – Rules, Regulations and laws may have changed after this information was posted. It is up to the reader to research and determine the current status of those items. It is always best to consult an attorney that has experience and is focused on the cannabis industry. One of the most well known law firms in the industry for over 25 years is Komorn Law

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One question once someone has felonies removed from the criminal history will they be able to posses  firearms again legally?