April 2024 – Michigan Expungement Law 3 year Anniversary
Three years after the implementation of the “Clean Slate” law, advocates are hailing its significant impact on expanding expungement opportunities in Michigan.
On October 13, 2020, Public Act 193 of 2020 was signed into law with an effective date of April 11, 2021. This act included a group of bills collectively known as the “Clean Slate” package. These bills have impacted the rules and procedures an individual may use to have prior convictions set aside.
To make those changes, the legislation provided for a two-year development process, making the effective date April 11, 2023.
The legislation, enacted in two phases, aimed to address barriers to a fresh start for individuals with past criminal convictions.
The first phase, effective in 2021, broadened eligibility for court-ordered expungements. It allows individuals to petition for the expungement of up to three felonies and an unlimited number of misdemeanors.
The second phase, implemented one year ago, established a system for automatic expungement. Under this provision, the Michigan State Police developed a computerized system to automatically clear certain records after designated waiting periods. This includes up to two felonies after ten years and four misdemeanor offenses with sentences exceeding 93 days.
Additionally, the law mandated local courts to automatically seal records of misdemeanors carrying sentences of 92 days or less.
Legislature of Michigan – MCL 750.621g. Details the types of offenses and waiting periods for automatic record clearance.
Question: How much does it cost for an attorney to handle and expungement?
Answer: If eligible costs for an expungement start at $1500.00
Real Questions from Real Calls
Question: If expungement is automatic why do I need an Attorney?
Answer: The only thing the govenment does somewhat right automatically is find ways to take your money and spend it. The reason you need a lawyer is you may have to fight for it in some situations and you may still have to appear before a Judge and Prosecutor to be finalized.
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