LANSING, Mich. (Michigan News Source) – Some criminal convictions will be eligible for automatic expungement starting Tuesday in Michigan. 

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Following the passing of the clean slate act in April 2021, convicts may have the ability to clear some convictions from public review without an application.

Due to various factors, many have faced barriers to expungement and delays of up to one year to get a clean slate, which can impede employment opportunities and housing opportunities.  Despite setbacks, Michigan is the third state, following Pennsylvania and Utah, to initiate an automatic expungement process out of 10 states who have adopted similar legislation.  

Michigan State Police say they are leading the charge with an automated system which would remove certain convictions from MSP databases of criminal records and would notify the courts daily with updates. 

Some felonies and misdemeanors will be automatically expunged after a certain period of time. Those include: 

Misdemeanors punishable by less than 92 days of imprisonment

  • The conviction will be expunged seven years after the sentencing date. 
  • There is no limit to how many of these types of misdemeanors can be set aside. 

Misdemeanors punishable by 93 days or more of imprisonment

  • The conviction will be expunged seven years after the sentencing date if there are no criminal charges pending against the individual and if the individual has not been convicted of another criminal offense during those seven years.
  • No more than four of these misdemeanors can be automatically expunged.

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Felonies

  • Up to two felonies can be automatically expunged 10 years after the sentencing date or the completion of the term of imprisonment, whichever occurred last.
  • The felonies can be expunged if there are no criminal charges pending against the individual and if the individual has not been convicted of another criminal offense during those 10 years.

Not eligible for automatic expungement includes “assaultive crimes” like assault, homicide, manslaughter, assault against pregnant women, kidnapping, rape, armed robbery, terrorism, and violations involving bombs and explosives, according to the House Fiscal Agency. 

Similarly, traffic offenses that result in injury or death, and convictions of operating while intoxicated, and commercial drivers license violations are also not eligible, nor are serious misdemeanors, crimes of dishonesty, offenses punishable by 10 or more years’ imprisonment and crimes involving a minor, a vulnerable adult, injury or serious impairment, death, or human trafficking. 

Beginning April 11, 2023, the MSP will be notifying the courts daily and providing a file, via secure transfer, of all eligible convictions that have been set aside in the MSP Criminal History Record (CHR) database, according to MSP.

Criminal Justice Reform advocate Safe & Just Michigan encourages people to use Michigan State Police’s ICHAT service to run a criminal background check on themselves to verify that the convictions have been expunged.  

“While an existing expungement process existed in Michigan, it was limited in eligibility, expensive to complete and confusing to navigate,” Safe and Just Michigan said in a statement, “As a result, fewer than 7 percent of all people who qualified for an expungement even attempted to obtain one. However, great benefits awaited those who did — a University of Michigan study found that wages rose an average of about 25 percent within two years after getting an expungement.”

For more information regarding the expungement process, and to verify eligibility, email projectcleanslate@detroitmi.gov or click here.