NEW MICHIGAN EXPUNGEMENT LAW

It’s always very upsetting when I speak with a prospective client about having their conviction(s) set aside…only to find out that they aren’t eligible because of an extra misdemeanor driving conviction or multiple low level felony convictions. I usually end the conversation telling the person that there is very likely a chance that the law will change and make things easier. Well now that may be happening…
A new bill in the state legislature would allow people with multiple felonies and low level traffic offenses. It’s estimated that the law would help 100,000 people in Wayne County alone! The bill will help those with up to 3 non-violent felonies, certain marijuana convictions, and those with multiple “convictions” out of one “bad act.”
Here is a link to a story that the discusses the law in more detail. The legislation would affect an estimated 100,000 people in Wayne County, Filler said. 
Here are the changes proposed by the six bills:
  1. Expand the number of people who qualify for expungement: Under the plan, a person with up to three felonies and any number of misdemeanors could have all their convictions set aside if none were assaultive crimes. Someone with an assaultive crime can have up to two felonies and four misdemeanors set aside. Convictions such as murder and criminal sexual conduct would not be eligible. 
  2. Automatic expungement for some offenders 10 years after their monitoring by the justice system ends: This would be if none of the convictions are assaultive crimes or serious misdemeanors, and only for convictions that were punishable by less than 10 years imprisonment. It would apply after the person has paid restitution.
  3. Allow expungement of marijuana convictions for behavior that would be permissible under current law: Most of these individuals would be eligible to apply for expungement immediately. This process would not be automatic. A different bill introduced by Sen. Jeff Irwin, D-Ann Arbor, would automatically clear misdemeanors involving low-level marijuana use and possession.  
  4. Allow forgiveness for multiple acts committed during “one bad night": Convictions for offenses similar in nature that were committed in a 24-hour period would be treated as a single felony if none were assaultive, if none involved the possession of a weapon, and if none carried a maximum penalty of more than 10 years.
  5. Allow for the expungement of some traffic offenses: Driving under the influence and traffic offenses causing serious injury or death would not qualify for expungement. 
  6. Shorten the eligibility period for misdemeanors: Applications to set aside more than one felony could be filed after seven years. A serious misdemeanor or one felony could be expunged after five years. Other misdemeanors with no felonies could be expunged after three years. 
If you or a friend/family member wants to discuss potential eligibility for the setting aside of a conviction, contact Chris Kessel Law today.

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