- November 12, 2024
- Criminal Defense
Automatic Expungements
The stigma of a criminal record can make it challenging for defendants to reenter society. However, individuals who have lived law-abiding lives after their convictions may benefit from Michigan’s recently adopted automatic expungement program, which immediately expunges eligible criminal convictions from publicly accessible records. An experienced criminal defense lawyer can help you understand the process of automatic expungements in Michigan and whether your records may qualify for expungement.
Understanding Automatic Expungements
In 2023, the Michigan government introduced a program to automatically expunge eligible criminal records under the state’s new clean slate legislation, enacted in 2020. Under the automatic expungement program, the Michigan State Police automatically expunge qualifying conviction records based on information from the Criminal Historical Record database to identify convictions for which the relevant waiting period has elapsed.
Eligibility for Automatic Expungements
A person may become eligible for automatic expungement if they do not have any disqualifying circumstances, which include active or pending criminal cases and convictions for:
- An assaultive crime
- A serious misdemeanor
- A crime of dishonesty
- Human trafficking
- DWI
- A commercial motor vehicle offense
- Any traffic offense causing injury or death
- Crimes whose elements include minors or vulnerable adults, injury, severe impairment, or death
- Any other offense punishable by 10 or more years of imprisonment
An individual must observe the applicable waiting period without a new conviction before obtaining an automatic expungement. The applicable waiting periods include:
- Misdemeanors Punishable by Less Than 93 Days of Incarceration – Seven years after imposition of sentence
- Misdemeanors Punishable by 93 or More Days of Incarceration – Seven years after imposition of sentence
- Felonies – 10 years after imposition of sentence or completion of a term of incarceration
How Does Automatic Expungement Work?
Under the automatic expungement program, the Michigan State Police have an automated program that allows the MSP to notify the courts daily of eligible convictions expunged or set aside in the Criminal Historical Records database. The court must file a motion to reinstate the conviction if the system erroneously sets aside or expunges a conviction record.
Benefits of Automatic Expungements
Automatic expungements offer several benefits to convicted individuals. First, the automatic nature of the process means an individual does not have to spend time and money to petition the court for expungement. Second, expungement means that all records of an expunged offense become sealed from public view and will not appear in background checks for employment, housing, educational admissions, or financial services.
Limitations on Expungements
Michigan’s automatic expungement program limits the number of offenses for which a person can receive an automatic expungement. These limits include:
- No limit for misdemeanors punishable by a maximum sentence of less than 93 days of incarceration
- Four misdemeanor offenses punishable by a maximum sentence of 93 or more days of incarceration
- Two felony offenses
Contact a Criminal Defense Attorney Today
When you have a criminal record, expungement can give you a fresh start free of stigmas that can make finding housing, employment, or educational opportunities challenging. Contact The Law Office of John Freeman today for a confidential consultation with our team to learn more about your rights to automatic expungement in Michigan.