In the first part of last month we shared with you some details about Michigan’s new ‘Clean Slate Act’, and how it’s going to revolutionize expungement in the future. Well, the future is almost upon us, as they say, and we’d like to give you a quick summary of how these changes to Michigan’s expungement laws could affect you.
Want some more info on expungement?
If you want a quick refresher on what the new Clean Slate Act covers, and exactly which misdemeanors and felonies are covered under the act, check out this article. Otherwise, here’s some info on when these new laws go into effect, and what that could mean for you and your loved ones here in Michigan moving forward…
When do the changes go into effect?
It’s almost time folks! The Clean Slate Act kicks in on April 11th, 2021 so we’re less than two months away from thousands of folks around Michigan being eligible for having their criminal records set aside from public viewing. Between now and then, if you live in Lansing, Midland or Kalamazoo, and you want to pursue having your records expunged, you’ll have to go about it the old fashioned way and petition the courts. But please remember – if you get denied you’ll have to wait a full three years before you’ll be eligible to apply again! Therefore, it’s best to contract one of the attorneys at The Kronzek Firm for assistance right away if timing is important to you.
A few details on how the Clean Slate Act will work:
Both misdemeanors and felonies will be eligible for automatic expungement, but not under the same terms and conditions. Misdemeanors will be eligible for setting aside 7 years after sentencing, while felonies will be set aside 10 years after sentencing, or after your release from prison, whichever comes last. Also, when a person commits a series of crimes all in one 24 hours period, those convictions will be treated as a single conviction for the purposes of automatic expungement. Of course you must remember that courts, police, judges and other government officials can still see criminal convictions even after an expungment.
What crimes are NOT covered under the Clean Slate Act?
Although the new Clean Slate Act includes a substantial number of felonies and misdemeanors on the list of crimes that are now eligible for expungement, there are some that are definitely not included in the list. Crimes not eligible for expungement under the new laws include:
- Any felony crimes that carry a maximum punishment of life in prison,
- Any attempt to commit a felony with a maximum punishment of life in prison
- Felony domestic violence (anyone with a previous domestic violence misdemeanor on their record would be charged with felony domestic violence for any subsequent charges),
- Child abuse,
- The majority of criminal sexual conduct convictions,
- Drunk driving (any conviction beyond the first one)
- Any traffic offenses that resulted in injury or death,
- Human trafficking,
- Crimes of “dishonesty”, like fraud, forgery and counterfeiting.
Want to avoid a conviction in the first place?
Expungement is great, but even better than that, is not being convicted of a crime in the first place! And as we’ve pointed out countless times before, the only way to do that is to make sure that if you’re ever charged with a crime here in Michigan, you have the best defense attorney money can buy. So if you get arrested in Lansing, Mt. Pleasant, Grand Rapids or Jackson, or accused of a crime in Hastings or Hillsdale or Battle Creek, call The Kronzek Firm at 866 766 5245 (866 7NoJail). Our aggressive criminal defense attorneys are available round the clock, including for emergency crisis consultations. The right attorney is critical if you’re hoping to avoid incarceration. So don’t wait!