On Oct. 12, Whitmer signed House Bills 4980-4985 and 5120 into law to expand and simplify the state’s criminal record expungement process. The bills will take effect April, 11, 2021.
The new law will expand the number and types of convictions that qualify for expungement.
Michigan is also working to establish a system to automatically expunge eligible felonies and misdemeanors after certain periods of time, but that still has some time before becoming active.
What’s expungement?
Expungement seals criminal convictions from the general public, including employers and landlords. Once a record is expunged, people applying for employment, housing and financial aid can truthfully state that the arrest and conviction never occurred.
Of course… Law enforcement, courts and agencies such as the Michigan Department of Corrections retain access to expunged records.
Changes to expungement by application include:
Eligible offenses: Expanding eligibility to up to three felonies and an unlimited number of misdemeanors, with certain conditions on the types of offenses that qualify. No more than two assaultive crimes can be expunged, and no more than one felony conviction for the same offense if the offense is punishable by more than 10 years imprisonment.
Waiting period: Adjusting the waiting period to apply after a person’s monitoring by the justice system ends (i.e. sentencing, probation, release from incarceration, parole — whichever occurred last) if they remain conviction-free. The waiting period will be three years for misdemeanors, five years for serious misdemeanors or one felony, and seven years for multiple felonies.
Traffic offenses: Expanding eligibility to most traffic offenses. This excludes convictions for driving while intoxicated, traffic offenses that cause injury or death, and Commercial Driver License violations.
Marijuana misdemeanors: Creating a streamlined process to apply for expungement of misdemeanor marijuana possession and use that would not have been considered crimes after recreational marijuana was legalized in Michigan. Judges must grant expungements if prosecutors don’t object.
Multiple offenses in one day: One bad day…Treating multiple felonies or misdemeanors arising from the same 24-hour period as one conviction for the purposes of expungement. None of the offenses can be assaultive, involve the use or possession of a dangerous weapon, or carry a maximum penalty of 10 or more years in prison.
Not eligible for expungement
Felonies that carry a maximum punishment of life in prison, attempt to commit a felony for which the maximum punishment is life, felony domestic violence (if the person had a previous domestic violence misdemeanor), child abuse, most criminal sexual conduct offenses, DUIs, and traffic offenses causing injury or death.
What’s eligible when automatic expungement starts?
Up to two felonies and four misdemeanors will be automatically cleared. There cannot be any new convictions during the waiting period.
Misdemeanors will be expunged seven years after sentencing.
Felonies will be cleared 10 years after sentencing or the person’s release from incarceration, whichever comes last.
The following will not be eligible for automatic expungement: assaultive crimes, serious misdemeanors, “crimes of dishonesty” (such as forgery and counterfeiting), offenses punishable by 10 or more years in prison, and crimes that involve a minor, a vulnerable adult, human trafficking, injury or serious impairment, and death.
How do I apply for expungement?
An application form from the State Court Administrative Office lists step-by-step instructions. The form can be found online by searching Google for “application to set aside conviction MC 227 form.” For expungement under the laws taking effect this spring, the State Court Administrative Office is working on an updated application form that should be available on its website by mid-March.
Generally, the process involves ordering a certified record of convictions from the clerk of the court where the convictions occurred, getting fingerprinted, getting the application notarized, filing the application with the court and preparing for a hearing in front of a judge.
Another new law will ensure that anyone under 18 years old will be treated as a minor in juvenile court and receive the rehabilitation services that are offered in the juvenile justice system to reduce recidivism, such as those practices outlined in the Youth Rehabilitation Services Act.
As many battles for marijuana patients, caregivers and business clients represented by the Komorn Law Firm loom in the background – a decision has been made to set the tone for future cases involving those on probation.
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Gov. Gretchen Whitmer signed legislation that will automatically clear certain criminal convictions from public view in Michigan while also making more people eligible for expungement through the application process.
The changes are expected to help Michigan citizens by removing a barrier to employment, housing and other opportunities after people have rehabilitated themselves.
Misdemeanors will be expunged seven years after sentencing.
Felonies will be cleared 10 years after sentencing or the person’s release from incarceration, whichever comes last
Up to two felonies and four misdemeanors can be automatically cleared.
Not Eligible
Not eligible for automatic expungement are assaultive crimes, serious misdemeanors, “crimes of dishonesty” (such as forgery and counterfeiting), offenses punishable by 10 or more years in prison and crimes that involve a minor, a vulnerable adult, injury or serious impairment, death or human trafficking.
Assaultive crimes are defined as offenses such as assault, homicide, manslaughter, assaults against pregnant women, kidnapping, rape, armed robbery, terrorism, and violations involving bombs and explosives, according to the House Fiscal Agency.
The legislation gives the state two years to implement the automatic expungement process.
The remaining legislation in the seven-bill package will take effect in 180 days. The bills expand eligibility for expungement through the application process, which is handled by a judge.
felonies that carry a maximum punishment of life in prison, attempt to commit a felony for which the maximum punishment is life, felony domestic violence (if the person had a previous domestic violence misdemeanor), child abuse, most criminal sexual conduct offenses, driving while intoxicated, and traffic offenses causing injury or death.
There will be a streamlined process to set aside misdemeanor marijuana offenses (that would not have been considered crimes after recreational marijuana was legalized in Michigan. Judges will move to set aside convictions after 60 days of receiving an expungement application unless the prosecutor contests it. The evidentiary burden rests on the prosecutor. People aggrieved by a court’s ruling on an application for marijuana expungement can request a rehearing or file an appeal.
So after you’re released and put on parole or long term probation you still have to wait years till that ends before you can apply
The waiting period to apply for expungement will range from three to seven years after a person’s monitoring by the criminal justice system ends, depending on the type of convictions.
Up to three felony offenses and an unlimited number of misdemeanors can be expunged through the application process. These conditions apply: no more than two assaultive crimes can be expunged, and no more than one felony conviction for the same offense if the offense is punishable by more than 10 years imprisonment.
Multiple felonies or misdemeanors arising from the same 24-hour period will be treated as one conviction for the purposes of expungement. None of the offenses can be assaultive, involve the use or possession of a dangerous weapon, or carry a maximum penalty of 10 or more years in prison.
DON’T WAIT FOR NOTHING TO HAPPEN Want Your Record Expunged? …Then call our office. KOMORN LAW 248-357-2550
You Won’t Lose Your Gun Just For Smoking Recreational Marijuana – In Illinois. 11,000 marijuana conviction expungements on 2020 new years day – In Illinois. One database fills while another “empties”.
Rumors that Illinois gun owners will lose their firearms if they use cannabis under the state’s new legalization mandate are false.
That’s according to multiple authorities after major news outlets published stories claiming gun owners who purchase adult-use cannabis in Illinois would be placed into a database banning them from buying firearms.
The Illinois State Police said Dec. 31 it will not revoke Firearm Owner Identification Cards based solely on someone’s marijuana usage.
Illinois State Rifle Association lobbyist Ed Sullivan said cannabis dispensaries cannot share identifying information with law enforcement agencies unless the customer authorizes it.
But Sullivan notes the federal government still considers marijuana a Schedule I narcotic.
He said this allows the federal Bureau of Alcohol, Tobacco, and Firearms (ATF) to obtain the records of medical cannabis users and potentially restrict their ability to buy guns from Federal Firearms License (FFL) dealers.
“If you intend to use cannabis and own a firearm taking the recreational cannabis route has less potential, detrimental effects on your 2nd Amendment rights than the medical cannabis route,” Sullivan said.
What about Michigan… Is anybody out there? Hello?…………………..What about Michigan?
It was Nov 6th 2018… a date many will never forget…a date many never perceived marijuana would become legal in their lifetime… So many friends disappeared into the legal system, so many lives and families ruined…and so much potential suppressed.
The legal system made its money and had its glory days and surely they will find new ways to do it, but at this time…
A new bill, introduced in the Michigan legislature could possibly expunge criminal records of those convicted of possession or use of marijuana offenses.
Introduced
by Sen. Jeff Irwin, a Democrat from Ann Arbor, would clear the criminal records
for over 200,000 people without requiring them to apply to the court that
sentenced them.
“Automatic expungement for all of our
lowest-level cannabis offenders allows people to move on with their lives and
making it automatic is essential because many people can’t afford an attorney,
or the legal fees associated with an application,” Irwin said in a release.
“Cannabis is now legal in Michigan and petty offenses in the past should be no
barrier to getting back to work or school.”
No thought is needed…Approval should be automatic…but automatic with the legal system leaves too much room for error. One should hire an attorney…to make sure there are no errors.
According
to Irwin only 6 percent of people eligible for expungement apply because of the
process.
The
bill could also extend to people who were charged with growing or possession
with intent to distribute charges.
The bill will provide an opportunity for people to apply to a judge to expunge their records.
“This
is the next step in ending the unsuccessful prohibition of marijuana that
incarcerated and punished Michigan residents unfairly for decades,” Irwin added
in a release. “After last year’s mandate from voters, I am hopeful that a
majority of legislators will vote to give Michigan residents back the
opportunities that were unjustly taken from them.”
Attorney Michael Komorn stated “Our firm has been fighting for this for many many years. We have fought in the front line trenches for our clients and have many victories. This is just one of the fronts we have been focused on”.
If you are looking to expunge your marijuana criminal record and make sure it is done correctly or maybe you have some other record you would like expunged. Don’t let the system tell you they “automatically” expunged it. You know how the system works you’ve been there…done that. Contact our office at 248-357-2550 for a free case evaluation
Gov.-elect Gretchen Whitmer will pursue executive action or legislation to free inmates and expunge criminal records for those convicted of marijuana crimes that will become legal under the state’s pending recreational marijuana law, she indicated Wednesday.
Have a Marijuana Related Criminal Record? Get rid of it – Start the expungement process now ! Contact Komorn Law800-656-3557.
“I think that the people of Michigan have said that for conduct that would now be legal, no one should bear a lifelong record for that conduct,” Whitmer said in her first press conference since winning election over Republican Bill Schuette on Tuesday night.
Voters approved Proposal 1 to legalize adult marijuana possession and set up a system to license businesses.
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.
If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.
Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
Contact us for a free no-obligation case evaluation 800-656-3557.
This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information.
