The new expungement law in Michigan is also called the Clean Slate law or the set-aside law. Michigan is reported to have the most extensive expungement law in the United States all because of the clean slate law.
The Michigan Legislature has approved the package of bills for the expungement law that will be put into the system in the coming years. The seven bill package aims to be properly put in the system in the next two years.
Let us look at the bills and what they entail:
Automatic Expungement or HB 4980
House Bill 4980 is the bill that gives rise to creating an automatic system for clearing criminal records of an individual without the need for an application.
What is included in this house bill?
The following are the crimes that will not receive an automatic expungement, according to HB 4980:
- Assaultive crimes – or crimes that caused harm, injury, and serious impairment to the ability of others;
- Murder and Homicide; and
- Human Trafficking.
How many felonies will automatically be expunged from the records of the individual?
Up to two felonies and four misdemeanors could be automatically cleared. Misdemeanors are to be expunged seven years after sentencing. On the other hand, felonies are expunged ten years after sentencing.
Does sentencing mean service?
No, as long as you have been sentenced and the crime you committed does not fall under any of the exceptions, your case is subject to automatic expungement.
When will the bill be effective?
HB 4980 has a two-year implementation period. This means that you may see your records be expunged by December 30, 2022, at the earliest.
Why is my record still there?
As stated in the previous question, the earliest implementation of this law is December 30, 2022, so the records are yet to be automatically expunged.
What do I do if, at the time of implementation, my records still reflect previous convictions?
If you are sure that the records should have been expunged, you should contact Haque Legal as soon as possible and we can help you find out what could have been the problem.
Bills On Expanded Eligibility To Petition For Expungement
The bills for expanded eligibility to petition for expungement can be seen in six bills. This would include House Bill 4981, House Bill 4982, House Bill 4983, House Bill 4984, House Bill 4985, and House Bill 5120. Let us look at these bills one by one.
House Bill 4981
House Bill 4981 is the bill that specifies which ones of the convictions are not eligible for expungement. These would include crimes that carry a penalty of the maximum sentence or life in prison, those convicted of driving while intoxicated, those guilty of traffic offenses that cause death or injury, and those found guilty of child abuse.
House Bill 4982
House Bill 4982 aims to simplify the process of applying for expungement for offenses that are related to marijuana. This is about when marijuana was legalized for recreational use in the State of Michigan.
House Bill 4983
House Bill 4983 updates the waiting period that the individual convict must comply with to be eligible for expungement of his records. This varies depending on whether the person has completed a prison sentence, went on parole, or was given probation.
House Bill 4984
House Bill 4984 is the bill that increased the number of misdemeanors that are eligible for expungement by application of the convicted person. Before HB 4984, the limit was only one felony and two misdemeanors.
House Bill 4985
House Bill 4985 is the law that aims to treat multiple felonies and misdemeanors committed within the same 24 hour period to be treated as one conviction. This is only for expungement and is subject to exceptions.
House Bill 5120
House Bill 5120 applies to marijuana charges.
When are the previous house bills effective?
The 6 House Bills become effective 180 days from the date of signing. Since the bills were signed on October 12, 2020, they are considered as effective as of April 11, 2021.
Can I apply for expungement even before the effectiveness of the new Clean Slate Law?
Yes, if you are eligible to apply for expungement under the current law. You should have no problem applying for expungement. In this case, our phones at Haque Legal are waiting to assist you in the process of expungement. Let us help you seal your records!
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.
Disclaimer
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.
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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.