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What is changing with expungement laws in Michigan?

On Behalf of | Dec 20, 2022 | Criminal Defense

Starting in April 2023, the state of Michigan is changing its laws pertaining to the expungement of criminal records. The new law makes it much easier for you to clear your background.

The Michigan Department of Attorney General explains the new process will provide automatic expungement in some cases. What this means for you is that you will not have to file any paperwork or do anything at all to clear your record.

The terms

The new system expunges felonies and misdemeanors automatically. You can have up to four misdemeanor charges automatically taken off your record seven years after you receive the sentence for the crimes. If you have felonies, you will have up to two removed automatically 10 years after your sentencing or after you complete your sentencing if you received prison time. These limits of four misdemeanors and two felonies are lifetime limits.

Exceptions

There are some crimes that will not automatically come off your record. These include serious misdemeanors, crimes with a sentence over 10 years, violent crimes involving serious injury or death, crimes against minors, assaults or human trafficking. In addition, any crime not eligible under the traditional process is not eligible for the automatic process.

The state has multiple agencies working on the new system and developing the process for identifying and activating the automatic expungement process.

If you do not qualify for automatic expungement for whatever reason, you can apply through traditional means. Keep in mind that even if you file an application, the court can still deny it and refuse to expunge your records.

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