Automatic criminal record expungement begins in Michigan: How it works

Andrea May Sahouri, Detroit Free Press
Updated ·4 min read
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Automatic expungement of certain criminal convictions begins Tuesday in Michigan.

The ability to clear some convictions from public view without an application comes two years after new legislation dubbed the Clean Slate Act took effect in April 2021. The legislation also made more people in Michigan eligible for expungement through an application process that became available in 2021.

The new expungement laws have already helped thousands of Michiganders by removing a barrier to employment, housing and other opportunities. But with high demand, technology hurdles and court backlogs due to the COVID-19 pandemic, many have waited about six months to a year, and sometimes longer, to get their clean slate.

More: Expungement is a waiting game for metro Detroiters seeking a clean record

For some types of convictions, automatic expungement should bypass some of those hurdles and wait times.

Michigan State Police are leading the rollout of the new automatic expungement process. State police and the Department of Technology, Management and Budget say they've developed an automated system that sets aside certain convictions from the Michigan State Police database of criminal records and notifies the courts daily.

Here is what you need to know about automatic expungement:

Expungement paperwork is notarized by Project Clean Slate project manager Julia Rhodes at the Samaritan Center in Detroit on Sept. 12, 2019.
Expungement paperwork is notarized by Project Clean Slate project manager Julia Rhodes at the Samaritan Center in Detroit on Sept. 12, 2019.

What are the criteria for automatic expungement?

Beginning April 11, some felonies and misdemeanors will be automatically expunged after a certain amount 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.

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.

Which convictions can't be automatically expunged?

Not eligible for automatic expungement are assaultive crimes, serious misdemeanors, "crimes of dishonesty" (such as forgery and counterfeiting), offenses punishable by 10 or more years in prison and crimes that involve a minor, a vulnerable adult, injury or serious impairment, death or human trafficking.

Assaultive crimes are defined as offenses such as assault, homicide, manslaughter, assaults against pregnant women, kidnapping, rape, armed robbery, terrorism and violations involving bombs and explosives, according to the House Fiscal Agency.

Traffic offenses that cause injury or death, a conviction of operating while intoxicated and commercial driver's license violations are excluded from automatic expungement.

How will the courts be notified of an expunged conviction?

The Clean Slate Act requires Michigan State Police to make all expunged convictions within its database accessible to every court in the state. Beginning April 11, state police will notify the courts daily and securely transfer files of all eligible convictions set aside in its criminal history database, according to plans described on the state police website.

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How will I know if my convictions were automatically expunged?

Safe & Justice Michigan, a nonprofit that advocates for criminal justice reform, recommends running a criminal background check on yourself through Michigan State Police's ICHAT service.

A search costs $10 and can be paid online.

Where to get help

More information about automatic expungement can be found at www.michigan.gov/msp/services/chr.

For Detroiters, attorneys with Project Clean Slate help guide people through the entire expungement process and also help connect clients with resources, including educational and employment opportunities.

For more information, go to detroitmi.gov/departments/law-department/project-clean-slate, call 313-237-3024 or email projectcleanslate@detroitmi.gov.

The Michigan Department of the Attorney General also lists resources, available at michigan.gov/ag/initiatives/expungement-assistance .

Safe & Just lists a number of resources throughout Michigan, which can be found at safeandjustmi.org/our-work/clean-slate-for-michigan.

Andrea Sahouri covers criminal justice for the Detroit Free Press. She can be contacted at 313-264-0442, asahouri@freepress.com or on Twitter @andreamsahouri.

This article originally appeared on Detroit Free Press: Automatic criminal record expungement begins in Michigan: How it works