May 11, 2023

As many Michiganders know, the Public Act 193 of 2020, also known as the Clean Slate Law, garnered significant attention when it passed in 2020. However, the law did not take effect until April 11, 2021, and included a two-year implementation period. After a long wait, the law has finally begun offering automatic expungements for various offenses.

This can majorly impact many jobseekers by clearing their record. For example, it would remove many employment, housing, and education barriers. Here is a closer look at how this law works and how it may affect you.

How Does Michigan’s Clean Slate Law Work?

After the two-year implementation period, Michigan’s Clean Slate Act took full effect early in 2023. As such, expungements would not and did not begin until April 2023. Furthermore, this implementation period allowed the Michigan State Police to prepare an automatic expungement program. 

With the expungement process underway, the police’s program will go through criminal record databases daily to expunge qualified criminal records. It will also notify courts about the erased records. Furthermore, the public will no longer access any expunged records.

What Convictions Qualify for Automatic Expungement?

Michigan’s Clean Slate law will automatically erase any misdemeanor punishable by fewer than 92 days after seven years have passed. However, it will automatically erase up to four misdemeanors punishable by 93 or more days. This expungement also applies seven years after the sentencing date.

As for felony convictions, it will set aside a maximum of two convictions. Felonies must wait ten years from completing the sentence in the Michigan Department of Corrections facility. Otherwise, it must wait ten years from the sentencing date. However, the individual cannot have pending criminal charges or convictions during the waiting period.

What Convictions Do Not Qualify for Automatic Expungement?

Michigan’s Clean Slate Act lists several convictions as ineligible for expungement. This list includes the following:

• “An assaultive crime.
• A serious misdemeanor.
• A crime of dishonesty. 
• Any other offense not otherwise listed under this subsection is punishable by 10 or more years imprisonment.
• A violation of the laws of this state listed under chapter XVII of the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69, the elements of which involve a minor, vulnerable adult, injury or serious impairment, or death.
• Any violation related to human trafficking.
• The following traffic offenses:
  • A conviction for operating while intoxicated is committed by any person. 
  • Any traffic offense committed by an individual with an endorsement on his or her operator’s or chauffeur’s license to operate a commercial motor vehicle that was committed while the individual was operating the commercial motor vehicle or was in another manner a commercial motor vehicle violation. 
  • Any traffic offense that causes injury or death.”

How Will You Know if Your Convictions Were Automatically Expunged?

Michigan’s Clean Slate Act will automatically clear eligible convictions. However, it is not perfect. Individuals should perform a self-background check to determine if the program has missed convictions. In addition, you can search certain state-maintained criminal records for a small fee through Michigan State Police. However, it pays to have a more thorough search performed by a professional screening service. The right service will quickly search various databases and determine if the program failed to erase any eligible records.

Background checks don’t have to be complicated. Try running a self background check today and give yourself a head start.

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