Eligible past felony, misdemeanor convictions will be automatically erased in Michigan

LANSING, Mich. — Erasing convictions from your record have become a lot easier with automatic expungement from Michigan's nation-leading "Clean Slate" legislation.

Public Act 193 of 2020, which went into effect on April 11, 2021, was a package of bills that changed the rules and procedures an person can use to have prior convictions expunged from their record.

That package of bills also included automatic expungement of some convictions, which went into effect on Tuesday, April 11, 2023.

This new system will automatically erase eligible convictions from your record without the need of an application.

Michigan Attorney General Dana Nessel and the Department of the Attorney General have been hosting expungement fairs since the initial part of the law went into effect in 2021.

While automatic expungement of eligible convictions are now possible, expungement fairs will still continue. The fairs not only allow people to expunge prior convictions, but also get legal help understanding which convictions can be erased and how to apply for them.

Nessel says studies have shown having convictions erased can help people find better housing or employment, increase their income 22% in the first year after expungement on average and reduce the chances of re-offending.

The automatic expungement process is limited to certain convictions and the total number of convictions that can be expunged may also be limited.

What convictions qualify?

Both felonies and misdemeanors can qualify for expungement, but there are some exceptions and timelines for expungement.

• Eligible felony convictions will be expunged 10 years after either start of the sentence or completion of any term of imprisonment, whichever comes later.
  • No more than two eligible felonies can be expunged
• Misdemeanors will be expunged 7 years after the start of the sentence.
  • Both 93-day and more and 92-day and less misdemeanors qualify for expungement.
    • Up to four 93-day and more misdemeanors can be expunged.
    • There is no limit to the number of 92-day and less misdemeanors that can be expunged. 

What convictions don't qualify?

1. An assaultive crime.
2. A serious misdemeanor.
3. A crime of dishonesty.
4. Any other offense, not otherwise listed in this subsection that is punishable by 10 or more years’ imprisonment.
5. A crime with elements involving a minor, vulnerable adult, injury or serious impairment, or death.
6. Any violation related to human trafficking. MCL 780.621g (10).
7. The following traffic offenses:

• A conviction for operating while intoxicated committed by any person.
• Any traffic offense committed by an individual with an indorsement on his or her operator’s or chauffer’s license to operate a commercial motor vehicle that was committed while the individual was operating the commercial motor vehicle or was in another manner a commercial motor vehicle violation.
• Any traffic offense that causes injury or death.

Once a conviction is determined to be eligible, the Michigan State Police will notify the courts that the convictions have been erased from the record. Checks for eligible convictions will occur every day.

Nessel posted a video Tuesday explaining the new process, you can view that here:

The state's website has provided a detailed explanation of the Michigan Clean Slate laws, the process of automatic expungement and expungement via application, and has provided an FAQ for questions about the processes.

You can find all that information here. You can also find out if you are eligible for automatic expungement here and find out what remains on your record here.

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