The Michigan legislature just passed and the governor signed into law a series of bills which modify the state’s Expungement laws. 

Expungement is a way for an individual who has been convicted of a crime in the past to have it wiped from their record allowing them to hopefully put these incidences in their past. 

The amendments to the expungement laws can be essentially broken down into two categories. Category one involves past crimes which will automatically be expunged from an individual’s criminal record. Category two involves an expansion on the crimes which cannot and cannot be expunged but still require the individual to take some action with the courts to have them removed. 

Category 1

Beginning on January 1, 2023, the following criminal convictions will be automatically expunged from an individual criminal record:

A misdemeanor with a maximum sentence of not more than 93 days jail after 7 years have passed from the time sentence was imposed. 

This is limited to 4 misdemeanors in a lifetime

A felony conviction which is otherwise eligible for expungement and it has been more than 10 years since the date of sentencing or the date of release from prison, whichever is later. 

This is limited to 2 felonies in a lifetime. 

The types of conviction which will not automatically be expunged are: 

1. Assaultive crimes,
2. High misdemeanors
3. Crimes with imprisonment terms of 10 years or more 
4. A crime of dishonesty,
5. Any crime or attempted crime where the maximum sentence is life imprisonment. ( This would include charges such as murder Attempt to murder, Criminal sexual conduct in the first degree, ext…)
6. A conviction for Operating While Intoxicated
7. A conviction for domestic violence if there is a prior domestic violence charge. 
8. A traffic offense in violation of a commercial or chauffeur’s license
9. A traffic offense which results in injury or death

Assaultive crime as defined in section 9a of Chapter X of the Code of Criminal Procedure includes offenses such as assault, homicide, manslaughter, assaults against pregnant women, kidnapping, rape, armed robbery, terrorism, and violations involving bombs and explosives. Serious misdemeanor as defined in section 61 of the William Van Regenmorter Crime Victim’s Rights Act includes a wide range of misdemeanor offenses and substantially similar local ordinances such as domestic violence and assault, breaking and entering, child abuse in the fourth degree, certain firearm violations, injuring a worker in a work zone, and certain drunk and drugged driving offenses, among other offenses.

Category 2

What cannot be expunged:

1. Any crime or attempted crime where the maximum sentence is life imprisonment. ( This would include charges such as murder Attempt to murder, Criminal sexual conduct in the first degree, ext…)
2. A conviction for Operating While Intoxicated
3. A conviction for domestic violence if there is a prior domestic violence charge. 
4. A traffic offense in violation of a commercial or chauffeur’s license
5. A traffic offense which results in injury or death

One of the major changes comes in the form of allowing multiple charges to be expunged if they occurred within 24 hours or each other or as part of the same transaction. 

• A good example of this would be an individual who used a computer to commit a theft. This individual might face multiple charges for each use of a computer and each theft occurring. Even if this individual pleads down to one count of theft and one count of using a computer to commit a crime, he would be precluded from expunging both charges under the old law. With these new amendments, because the two convictions are part of the same transaction or occurred within 24 hours, both convictions can be expunged. 

• The exceptions to this multiple charge expungement is a crime of an assaultive nature, one where a dangerous weapon was used, or the maximum penalty is 10 years or more. 

The new law also allows for a shorter time period before an individual would have to wait to apply for a misdemeanor expungement. The old law set 5 years; the new law sets 3 years for misdemeanors. The 5-year time period still applies for felonies.

The new law also expands the number of criminal offenses total an individual can have and still be eligible for expungement. Under the new law, an individual with 3 felonies can petition the court to expunge 2 of them and up to 4 misdemeanors provided that the crimes are not of an assaultive nature. 

Further, an expungement of a traffic offense, will not remove that offense from the individuals driving record as maintained by the secretary of state. 

Marijuana

If an individual has a misdemeanor conviction involving marijuana based on actions that would be legal today, they can petition with the court to have the conviction set aside. These petitions can be made starting on January 1, 2021. The prosecutor has the ability to challenge the petition by showing that despite the legalization of Marijuana, the actions involved would still constitute a crime today.