Information on Michigan’s New Automatic Criminal Expungement Law

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|Nov 2, 2022

Good news is on the horizon if you have found it challenging to obtain new employment or a professional license because of a criminal conviction. Most employers, schools, or licensing boards will disqualify you from an opportunity because of a felony or misdemeanor conviction. Michigan’s automatic criminal expungement law will eliminate certain convictions from your history.

If your criminal record is expunged, potential employers cannot see the conviction.  The Michigan State Police, however, still keep a nonpublic record of the conviction.  

Michigan has recently passed a new law that will go into effect in 2023, which will automatically expunge the records of certain criminal offenses. This is an important step towards progressive criminal justice reform, as it helps to reduce barriers to employment and housing for people who have been convicted of minor offenses. See if you qualify for Michigan’s automatic expungement process.

The following information will help you determine if you are eligible to expunge your criminal record under the new law.  Because the statute is rather complex you should consult with a criminal defense attorney to help you understand the law.

Michigan’s automatic criminal expungement law will help many people.

The Michigan legislature has made it easier to have your criminal records expunged. MCL 780.621g governs the process.

In 2023, a new law will automatically expunge the criminal record of certain offenders after a certain amount of time. This law comes in response to concerns over the large number of people with criminal records who cannot find good jobs or housing because of their past crimes. Under this new law, people convicted of certain nonviolent felonies and misdemeanors may have their records automatically sealed.

The new automatic expungement process only covers qualifying offenses. These can include drug possession charges, property crimes such as theft or burglary. Individuals convicted of violent offenses, sex crimes, and certain other serious felonies are not eligible for the automatic expungement process.

When the State of Michigan seals an individual’s criminal record under the automatic expungement process, background checks cannot access the information. Employers and landlords may run a background check on you, but they will not find the expunged convictions. This can help you get better jobs or housing in the future, which is especially important if your prior convictions were preventing you from getting good opportunities before.

This automated system for expunging convictions will not require the filing of an application, as in the past.

What offenses are eligible for automatic expungement?

Up to 2 felony convictions will automatically be expunged the later of 10 years after sentencing or the person’s release from custody.

Up to 4 misdemeanors will automatically be expunged 7 years after sentencing.

The following convictions will not be eligible for automatic expungement:

• convictions for “assaultive offenses“;
• convictions for “serious misdemeanors“;
• convictions for offenses punishable by 10 or more years imprisonment;
• convictions that involve a minor, a vulnerable adult, injury or serious impairment of a person, death of a person;
• convictions that involve human trafficking; and
• any conviction that cannot be expunged under new MCL 780.621c.

Ineligible offenses.

• All offenses punishable by life imprisonment
• Assault with intent to commit criminal sexual conduct
• Child sexually abusive material or activity offenses
• Felony domestic violence if the person has a previous misdemeanor conviction for domestic violence
• Fourth-degree criminal sexual conduct (committed after January 12, 2015)
• Human-trafficking related offenses
• Second-degree child abuse
• Second-degree criminal sexual conduct
• Some traffic offenses such as: convictions for driving while intoxicated, traffic offenses that cause injury or death, and commercial driver’s license violations
• Terrorism-related offenses – includes convictions for attempts to commit any of these offenses
• Third-degree criminal sexual conduct
• Using a computer to commit sex crimes offenses

What happens when the automatic expungement seals your record?

Once the automatic expungement process is finalized, it will delete your convictions from public view.  Remember that law enforcement can still see the expunged conviction.  However, for most employment purposes, the conviction does not exist any longer.  

However, you must know some applications ask you if you have ever been convicted of an offense that had been expunged.  For example, the State Bar of Michigan asks this question.  Some federal security clearances and police applications ask the same question as well.

What if you are not eligible for Michigan’s automatic criminal expungement? Our team can help you remove convictions from your record.

The expungement law can be complicated and confusing, especially if you are not eligible for an automatic expungement.  For other offenses, like assaultive crimes or OWI offenses, you will need to consult with an attorney. Since the Michigan law has changed we have been able to expunge OWI convictions from our clients’ records.

If you are looking to clear your criminal record, we can help. Our experienced criminal defense attorneys will guide you through the expungement process and ensure that all of your legal rights are protected. Our team will assist you with collecting documents, gathering character references, and preparing you for court appearances.

Getting your criminal record cleared is an important step towards rebuilding your life after a conviction. If you have been convicted of a crime in the past, it is essential to work with our experienced attorneys who can help you navigate this complicated process and take advantage of all the resources and legal options available to you. Our attorneys can help ensure that your expungement goes as smoothly as possible so that you can move on with your life and put this difficult chapter behind you.

Because an expungement can open many doors for you, it must be done correctly.  Aside from satisfying the qualification required under Michigan Law (MCL 780.621), a person must navigate the paperwork, court dates, mailing, etc.  Besides the required information, your lawyer will draft and file a motion that explains how your life has changed since the conviction.

If your conviction is holding you back, call our office for a free consultation to determine if a motion can be filed to expunge your criminal record.

At Czarnecki & Taylor, we have experience handling every type of Michigan criminal charge. Whether you have been charged with a misdemeanor or a serious felony, our experienced attorneys will work tirelessly to advocate and help you achieve the best possible outcome in your case. One thing that sets Czarnecki & Taylor apart from other firms is our ability to handle complex cases that require specialized knowledge and experience.

Our firm’s impressive track record for success and aggressive Michigan criminal defense is unparalleled for achieving exceptional results. Czarnecki & Taylor has a well-earned reputation among judges, courts, city attorneys, prosecutors, police, and other defense attorneys for defending our clients.

Contact Czarnecki & Taylor

If you want to expunge your OWI conviction, we can help. Czarnecki & Taylor PLLC’s experienced attorneys will handle your case with care and help you through every step of the process. For a free consultation, call us today at (586) 718-2345 or online for a prompt response. We are available 24/7 and have weekend and evening appointments.