What is the Clean Slate Law, and how does it affect individuals with criminal records in Michigan?

The Clean Slate Law, enacted in 2021 by Governor Whitmer, represents a significant reform in Michigan's criminal justice system. Its primary aim is to provide individuals with past criminal records a chance for redemption and a fresh start. Under this law, eligible individuals can petition to have their records sealed, meaning that non-law enforcement entities such as employers and landlords won't have access to their past convictions. This is crucial as it helps to mitigate the stigma associated with having a criminal record, thereby increasing the chances of employment, housing, and overall societal reintegration for individuals who have paid their debt to society. By facilitating the expungement process, the Clean Slate Law acknowledges that people can make mistakes and deserve opportunities for rehabilitation and redemption.

How many misdemeanor offenses can be expunged under the Clean Slate Law?

The Clean Slate Law in Michigan is generous regarding misdemeanor offenses, as there is no explicit limit to the number of misdemeanors that can be expunged. This means that individuals with multiple misdemeanor convictions on their record, regardless of the number, may still be eligible for relief under the law, provided they don't have any felony convictions. This aspect of the law is particularly beneficial as it acknowledges that some individuals may have faced challenges or made mistakes in the past but are still deserving of a second chance without being burdened by the stigma of past convictions.

What is the limit on the number of felony convictions that can be expunged under the Clean Slate Law?

Under the Clean Slate Law in Michigan, individuals are allowed to petition for the expungement of up to three felony convictions from their record. This provision recognizes that individuals with past felony convictions may still be deserving of a fresh start and opportunities for rehabilitation. However, individuals with more than three felony convictions are not eligible for expungement under this law. While this limitation may seem restrictive to some, it still represents a significant step forward in providing relief and opportunities for those with past criminal records.

How are multiple felony convictions treated under the Clean Slate Law?

The Clean Slate Law in Michigan adopts a pragmatic approach in addressing multiple felony convictions stemming from the same series of events within a 24-hour period. In such cases, these multiple felony convictions are treated as a single conviction for the purpose of expungement. This provision acknowledges that certain circumstances, such as a chain of events occurring within a short timeframe, may lead to multiple convictions that do not necessarily reflect an individual's overall character or risk to society. By treating these convictions as a single entity, the law ensures that deserving individuals are not unduly burdened by past mistakes when seeking expungement and a fresh start.

What types of offenses are ineligible for expungement under Oakland County’s expungement law?

While Oakland County's expungement law offers relief to individuals with past criminal records, certain serious offenses remain ineligible for expungement. These include crimes punishable by life in prison, certain child abuse offenses, possession of child pornography, certain sex offenses, and solicitation or prostitution charges unless the individual was a victim of human trafficking. By exempting these offenses from expungement eligibility, the law aims to balance public safety concerns with the goal of providing opportunities for rehabilitation and societal reintegration for individuals with past convictions.

What factors does the court consider in determining eligibility for expungement?

When determining eligibility for expungement, the court considers various factors to ensure that individuals seeking relief have demonstrated rehabilitation and are unlikely to reoffend. These factors may include the nature and severity of the offense, the individual's behavior since the conviction, and the waiting period requirement. Additionally, the court assesses whether granting expungement would serve the interests of justice and public safety. By considering these factors, the court aims to make informed decisions that balance the rights of individuals seeking expungement with broader societal concerns.

What is the waiting period requirement for expungement in Michigan?

In Michigan, individuals seeking expungement must adhere to waiting period requirements, which vary depending on the seriousness of the conviction. Generally, individuals may need to wait up to seven years before filing for expungement. This waiting period serves several purposes, including allowing individuals to demonstrate rehabilitation and a commitment to lawful behavior. Additionally, it provides a mechanism for assessing an individual's likelihood of reoffending and ensures that expungement is granted to those who have truly turned their lives around. By imposing waiting period requirements, the expungement process in Michigan seeks to balance the interests of individuals seeking relief with broader considerations of public safety and rehabilitation.

How can an experienced Oakland County expungement lawyer assist individuals seeking relief?

Experienced Oakland County expungement lawyers play a crucial role in helping individuals navigate the complex process of seeking relief through expungement. These lawyers bring a wealth of knowledge and expertise in Michigan's expungement laws and procedures, allowing them to provide personalized guidance and advocacy to their clients. They are familiar with the nuances of local courts, judges, and prosecutors, enabling them to develop effective strategies for presenting their clients' cases. Additionally, they can help individuals gather evidence, prepare compelling applications, and navigate potential challenges or objections during the expungement process. By leveraging their experience and skills, these lawyers significantly increase their clients' chances of success and provide invaluable support as they pursue a fresh start.

How can Michigan Defense Law help individuals seeking expungement?

At Michigan Defense Law, we understand the challenges individuals face when seeking expungement and are committed to providing comprehensive support and guidance throughout the process. Our experienced team of attorneys specializes in expungement cases and has a deep understanding of Michigan's expungement laws and procedures. We offer free consultations to review clients' records and determine eligibility for expungement, providing personalized advice on their chances of success. Additionally, we offer transparent pricing and advocate zealously on behalf of our clients to help them achieve a fresh start and move forward with their lives. With our knowledge, experience, and dedication, we strive to make the expungement process as smooth and successful as possible for our clients.

How can I contact Michigan Defense Law for a consultation on expungement?

To schedule your free consultation with Michigan Defense Law and take the first step toward a fresh start, you can contact us online through our website or give us a call at (248) 451-2200. Our team is here to listen to your concerns, evaluate your eligibility for expungement, and provide the guidance and support you need to navigate the expungement process successfully. Don't let past mistakes hold you back—reach out to Michigan Defense Law today and reclaim your future.

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What Convictions are Eligible for Expungement?

Criminal Defense Attorneys Helping Residents of Oakland County Get a Fresh Start

If you have a criminal record in Michigan, the recent passage of the Clean Slate Law may make it easier for you to get your record sealed. This would mean that employers, landlords, and anyone else other than law enforcement who looks up your record would not see you were convicted of a crime. However, determining what convictions are eligible for expungement can be challenging. At Michigan Defense Law, our knowledgeable team of Oakland County criminal defense lawyers works closely with clients to help them seal felony and misdemeanor convictions. We have extensive hands-on experience dealing with the state’s expungement law and can effectively advise you whether you qualify and help you prepare a compelling application for relief.

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The Clean Slate Law

In 2021, Governor Whitmer signed the Clean Slate Law into law in response to the growing concern over the lingering effects of a felony conviction. This recognizes that people can make mistakes and that a misstep or two along the way shouldn’t impact the rest of their life. Thus, most misdemeanor and felony convictions are eligible for expungement under the new law.

However, not everyone qualifies for an expungement. The first step to determining if you qualify for expungement is to check your criminal record. There is no limit to the number of misdemeanor offenses that can be expunged. So, regardless of how many misdemeanor convictions you have on your record if you don’t have any felonies, you will likely qualify for relief.

Up to three felony convictions can be expunged. However, if you have more than three felonies on your record, you will not qualify. That said, under the new law, a conviction for multiple offenses is treated as a single conviction as long as the crimes occurred within a 24-hour period and arose out of the same series of events. For example, if you were arrested for felony use of a Financial Transaction Device for a stolen credit card and had five counts of that charge because you used the card five separate times in a 24-hour period those five felonies would likely be counted as one under this law and you would be eligible to remove all of those counts.

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Once you determine that you qualify based on your record, you next need to check if the convictions you seek to expunge are eligible. In other words, even if you only have a single conviction, you might not qualify based on the nature of the crime for which you were convicted. For example, a conviction for any crime punishable by life in prison cannot be expunged. However, there are also less serious offenses that fall outside the scope of Oakland County’s expungement law, including:

A third assault conviction (the first two will qualify);
Certain child abuse offenses;
Possession of child pornography;
Certain sex offenses; and
Solicitation or prostitution charges (unless you were the victim of human trafficking).

Keep in mind, even if you qualify for an expungement and the conviction you seek to expunge qualifies as well, the court must still determine that you are deserving of relief. You also must meet the waiting period requirement. Depending on the seriousness of the conviction you want to expunge, you may need to wait up to seven years before filing. Having the assistance of an experienced Oakland County expungement lawyer can significantly increase your chances of success, as they will be familiar with the judge, prosecutor, and all applicable rules related to your application. Our firm knows what information the Judge cares about and how best to present you to the Court.

Convictions Eligible for Expungement	Michigan's Clean Slate Law Eligibility Criteria
Misdemeanor Offenses	Unlimited number of misdemeanors eligible.
Felony Offenses	Up to three felony convictions, with exceptions. Multiple offenses within a 24-hour period may count as one conviction if arising from the same event.
Specific Exclusions	Convictions punishable by life in prison, certain assault, child abuse, sex offenses, possession of child pornography, and some solicitation or prostitution charges (exceptions for human trafficking victims).

Do You Want to Learn More About What Convictions are Eligible for Expungement?

To be sure, Oakland County’s expungement law is complex, and it may not be easy to determine if you qualify. At Michigan Defense Law, we have extensive knowledge of the state’s expungement laws and have helped countless clients clear their records so they can move on with their lives. We offer free consultations during which we will review your record to determine what convictions are eligible for expungement. From there, we will advise you on what we think your chances of success are and give you a firm flat fee price. If retained, we advocate on your behalf, doing everything we can to get you a fresh start. To learn more, and to schedule your free consultation today, contact us online or give us a call at (248) 451-2200.

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