EXPUNGEMENT – Get A Clean Slate!
Kalamazoo Expungement & DUI Expungement Lawyers
On October 12, 2020, the Governor signed new laws that collectively are referred to as the “Clean Slate” legislation. With the passing of these laws, Michigan residents now have more opportunities to advance professionally and personally by expanding eligibility to expunge past criminal convictions. Michigan previously only allowed one felony and/or two misdemeanors to be expunged. With the new sweeping changes to Michigan’s expungement law, now up to an unlimited number of eligible misdemeanors can be expunged and up to three eligible felony convictions can be expunged.
You may now also be eligible to expunge your OWI/DUI conviction! See below for details.
Effect of Expungement
Removal of arrests and convictions from an individual’s public criminal record; in Michigan, past arrests and convictions remain available to courts and law enforcement when expunged. When you apply for jobs, housing, student aid, and other things that require you to disclose your criminal convictions, you will be able to answer “no” truthfully.
A person can have criminal convictions expunged subject to the following limitations:
- Up to 3 felonies may be set aside which may include only 1 felony with a maximum penalty of more than 10 years in prison.
- Only 1 felony for the same offense may be set aside if the maximum penalty for the offense is more than 10 years in prison.
- Unlimited misdemeanors may be set aside.
- Maximum of 2 assaultive crimes in a person’s lifetime may be set aside.
- One Bad Night Rule:Multiple offenses are considered part of the same transaction if they occurred within 24 hours (does not include assaultive crimes, crimes involving use or possession of dangerous weapon or offenses punishable by 10 years or more).
- Each offense that has been dismissed under a special provision of law, deferral, MCL 333.7411, HYTA or MCL 771.1 count as a misdemeanor for determiningeligibility for expungement.
- An applicant that has a pending criminal case or that has been convicted of a crime during the waiting period(s) is NOT eligible for expungement.
Expungement Waiting Periods
Waiting periods are calculated from the date a person has completed his sentence. Completion of sentence occurs after completion of probation, a term of imprisonment or parole.
- 3-year rule, not serious misdemeanors: A waiting period of 3 years since completion of sentence applies to someone that seeks to have 1 or more non-serious misdemeanors set aside. Does not include assaultive crimes.
- 5-year rule, 1 or more serious misdemeanors: A waiting period of 5 years since completion of sentence applies to someone that seeks to have 1 or more serious misdemeanorset aside.
- 5-year rule, 1 felony: A waiting period of 5 years since completion of sentence applies to someone that seeks to have 1 felony set aside
- 7-year rule, more than 1 felony: A waiting period of 7 years since completion of sentence applies to someone that seeks to have more than 1 felonyset aside.
- No timeline for simple possession of marijuana offenses that occurred before December 2018.
The following offenses are not eligible for expungement:
- Criminal sexual conduct first degree, second degree or third degree, with limited exception for CSC 4thoccurring prior to 01/12/2015 if there are no other convictions except for 2 minor offenses.
- Violations of child pornography law (MCL 750.145c)
- Using a computer to solicit a minor (MCL 750.145d)
- First or second-degree child abuse (MCL 750.136(b)(2)(3)
- Felony domestic violence with a prior misdemeanor domestic violence
- Human Trafficking (MCL750.462A-J, 750.543A-Z)
- Any felony with a maximum penalty of life in prison
- Any traffic offense that causes death or injury
- A traffic offense committed by a person holding a CDL endorsement while operating a commercial vehicle
THE NEW MICHIGAN OWI (DUI) EXPUNGEMENT LAW
Have you spent years of your life dealing with the repercussions of an OWI conviction? We may be able to assist in clearing your record once and for all. Before this new OWI expungement law, people who had previous convictions for OWIs were not eligible to expunge their records.
WHO QUALIFIES FOR OWI EXPUNGEMENT IN MICHIGAN?
To qualify for an OWI expungement in Michigan, individuals must:
- Have only one prior non-violent OWI conviction.
- Wait a minimum of five years after any probationary term has ended
HOW THE COURT DECIDES TO GRANT EXPUNGEMENT
You will need to petition the court and request that the judge grants your expungement. The judge will consider several different factors when deciding whether to grant your OWI expungement petition, including:
- Whether you participated in drug or alcohol rehabilitation
- Whether you participated in educational programs.
- Whether you have maintained a safe driving record since your conviction.
- Whether you were charged with any other crimes since your conviction.
The Judge cannot grant the expungement of your OWI at a hearing until February 19th, 2022; however, our firm and experienced defense team can begin the process now, and if eligible, have you ready to go in February. If you or a loved one is ready to put your past behind you, contact us today for a free consult, so we can evaluate your eligibility and begin your path to a Clean Slate.