The law on expungement in Michigan had been revised to cover more misdemeanors and felonies. It also aimed to provide more chances for people who have been convicted of crimes that may no longer be considered a crime in Michigan or that have already passed for a long period.
Expungement is the court process that refers to the order of the court to seal the records of an individual, specifically certain crimes that have already passed a specific period and may no longer be a crime.
In this article, let us look at the Clean Slate Law in Michigan.
What are the important parts of the New Clean Slate Law?
The new clean slate law in Michigan is probably one of the most generous laws that you would find on expungement. It takes into account certain aspects of a misdemeanor and a felony and interprets actions and charges in favor of the person convicted. Let us summarize the important parts of the New Clean Slate Law.
Marijuana Expungements Are No Longer Discretionary
Before the new law on expungement, marijuana expungements in Michigan were discretionary on the part of the judge. The judge would have to determine if the charge can be removed from the record of the person convicted only if he met specific criteria. Under the new bills that passed into law, there are now certain marijuana offenses classified as misdemeanors that must be expunged if an application for expungement is filed.
Of course, this is considered a generous step from the Michigan justice system because people who are trying to clean up the records can move forward with their lives without facing judgments on their previous misdemeanors related to marijuana.
More Misdemeanors Are Eligible.
Before the new law has been passed expungement may only be sought for those who are removing one felony from the record for a maximum of two misdemeanors. The new lore removes such limitations and increases the cap.
There are also multiple misdemeanor offenses relating to marijuana use that must be set aside if they would not have been a criminal offense after December 6, 2018. To refresh your memory, this is the day that the adult use of cannabis has been legalized in Michigan for recreational purposes.
What happens during the filling of the application for expungement?
Generally, there is now a presumption that the marijuana offense which is a misdemeanor would not have been a criminal offense. If a case has already been filed against your person relating to the recreational use of marijuana the state is given 60 days after your application for expungement to file an answer that would come to rebut such a presumption. Otherwise, if the state fails to file an answer that rebuts the presumption the court must set aside the conviction within 21 days.
If, however, the State files an answer that rebuts the presumption against you there must be a hearing that is set within 30 days. The state will have the burden of proving by a preponderance of the evidence that indeed the misdemeanor would still have been considered as a crime even after the set date.
Process for Expungement Is Faster
The process for expanding records is now faster and the periods are also shorter. To expunge marijuana-related offenses in Michigan it can now be filed within two years from the completion of the sentence.
New Rules On Felony Marijuana Offenses
The expungement of felony marijuana offenses may now also be set aside through the process of application after seven years from the completion of the sentence. If you only have one felony on your record you may set it aside by application after five years from the completion of the sentence. Least shorter periods are aimed at allowing individuals to move on faster from their previous records and start anew.
Felony Marijuana Offenses That May Not Be Set Aside
Of course just because the new law is starting to be more generous to individuals convicted of felony marijuana offenses does not mean that it does not come with limitations. Some of the offenses that cannot be set aside would be those that include convictions involving minors and those conditions where the maximum penalty is life imprisonment
There is more information about the new Clean Slate law that you will find in the next part of this series.
Let Haque Legal Help You With Your Expungement
Now that you know some facts about the new clean slate law in Michigan it is time to get down to it. If you require a lawyer who can assist you with ensuring that you protect your rights to your property, it is important to know that you also have a team that can help you out with your specific needs.
Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out
If you need a lawyer to help you with expungement, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call