Changes in Michigan’s Expungement Law - Including changes with first time OWI convictions
The Michigan Clean Slate Act took effect on April 22, 2021. This law expands Michigan citizen’s ability to set aside criminal convictions. Setting aside a conviction is the process that clears a person’s public criminal record. For many people, a felony or misdemeanor on their criminal record can prevent their ability to obtain employment, be promoted at work, qualify for a loan, and housing. The State of Michigan passed the Clean Slate Act to open up eligibility to a greater number of people to have their convictions set aside. Attorney Sherman Abdo of La Grasso, Abdo & Silveri, PLLC wants to help you see if you are eligible for this program and to have your record expunged.
A person convicted of one or more criminal offenses, but not more than a total of 3 felony offenses, in the State of Michigan, may apply to have all of his or her convictions for this state set aside. MCL 780.621. The “One Bad Night Rule” is also implemented, which means multiple felony convictions will be treated as one felony, and multiple misdemeanor convictions will be treated as one misdemeanor, if the rule is satisfied. MCL 780.621b.
|Two or More Felony Convictions:||Seven Years|
|One Felony or One or More Serious Misdemeanors:||Five Years|
|One or More Non-Serious Misdemeanors:||Three Years|
LIST OF CHARGES THAT MAY BE SET ASIDE:
- FIRST TIME DUI/OWI CONVICTIONS
- Drug Charges
- Retail Fraud Convictions
- Driving While License Suspended/Revoked/Expired
- Assault and Battery
- Domestic Violence
- Larceny Charges
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