Michigan Clean Slate Law

On October 13, 2020, Public Act 193 of 2020 was signed into law with an effective date of April 11, 2021. This act included a group of bills collectively known as the “Clean Slate” package. These bills have impacted the rules and procedures an individual may use to have prior convictions set aside. In addition to making several changes to the existing paper application processes and eligible offenses, the Clean Slate package also created a process to automatically set aside certain convictions without an application. The new automatic process required the Michigan State Police (MSP) to make technical changes to the Criminal History Record (CHR) database. To make those changes, the legislation provided for a two-year development process, making the effective date April 11, 2023.

Automated Process to Notify Courts

The MSP engaged the Department of Technology Management and Budget (DTMB) to develop the automated program for setting aside eligible convictions within the CHR database. In addition, the statute requires the MSP make all set asides within the database accessible to each court in the state. To accomplish this, 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 CHR database.

Set Asides May Require Application, Some are Automatic

While some individuals will be eligible for setting aside convictions by application, individuals with certain types of misdemeanor or felony records could or will additionally qualify to have convictions set aside automatically.

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Click Here for more information from the State of Michigan

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Click Here to download a file and write up with the information

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Criteria for Automatic Set Aside:

The following criteria applies for convictions to be set aside without an application (automatically):

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Offense Type - *Waiting Period

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Misdemeanors punishable by less than 92 days imprisonment - No Limit - 7 years

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Misdemeanors punishable by 93 days or more imprisonment - Not more than 47 years

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Felonies - Not more than 210 years

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*The waiting period for misdemeanors refers to the amount of time that has passed since the date of the imposition of a sentence.
*The waiting period for felonies refers to the amount of time that has passed since date of the imposition of a sentence or completion of any term of imprisonment with Michigan Department of Corrections, whichever occurs later.

Misdemeanors punishable by 93 days or more imprisonment or felonies will be automatically set aside if:

• The applicable time period required has elapsed; 7 or 10 years, respectively.

• There are no criminal charges pending in the MSP CHR database against the individual.

• The individual has not been convicted of any criminal offenses recorded in the MSP CHR database during the applicable time period.

Automatic set aside does not apply to convictions for the commission of or attempted commission of any of the following:

1. An assaultive crime.

2. A serious misdemeanor.

3. A crime of dishonesty. 

4. Any other offense, not otherwise listed under this subsection, that is punishable by 10 or more years' imprisonment.

5. A violation of the laws of this state listed under chapter XVII of the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69, the elements of which involve a minor, vulnerable adult, injury or serious impairment, or death.

6. Any violation related to human trafficking.

7. The following traffic offenses:

• A conviction for operating while intoxicated committed by any person. 

• Any traffic offense committed by an individual with an endorsement on his or her operator’s or chauffer’s license to operate a commercial motor vehicle that was committed while the individual was operating the commercial motor vehicle or was in another manner a commercial motor vehicle violation. 

• Any traffic offense that causes injury or death. 
   

Click Here for more information from the State of Michigan

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Click Here to download a file and write up with the information