Changes to Michigan's Criminal Expungement Statute

Changes to Michigan's Criminal Expungement Statute

Effective January 14, 2015. Public Act 463.

 

For those wishing to expunge (set aside) a Michigan criminal conviction in their past, some major changes occurred on January 14, 2015.

With the passing of Public Act 463, Individuals with a certain felony in their past (or misdemeanor) may be able to petition the court where the individual was originally sentenced.  If the conviction is expunged, there should be no public record of it ever happening.

Significant January changes included:

- Crimes that were deferred under one of Michigan's deferral statutes (i.e. 7411, HYTA) are now countable as a misdemeanor on your record for the purposes of Expungement.

- Up to two 93-day or 1-year misdemeanors (not just 90-day misdemeanors as in the prior law), may be on your record and still get one felony expunged.

 
- If you have only two misdemeanors on your record (no felonies) you may petition to get one or BOTH of them expunged.

- If your petition is denied by the convicting court, a person may file another petition concerning the same conviction or convictions with the convicting court 3 years after the date the convicting court denies the previous petition, unless the court specifies an earlier date for filing another petition in the order denying the petition.

With the passage of the current law, Expungement may be available to a wider group of individuals.

However, there are still significant details & restrictions involved, and not all felonies (or misdemeanors) will qualify to be expunged. 

 

Call Wittman Legal Services for more information.

Clay Wittman

616.965.2114