Here's how Michigan's expungement laws will change this spring

Big changes are ahead for people who want to get their criminal records sealed from public view in Michigan. 

New laws that take effect this spring will expand the number and types of convictions that qualify for expungement. The city of Detroit on Thursday encouraged people who may be eligible for expungement under the new law to reach out to its Project Clean Slate program. Other programs to assist with expungement are expected to roll out later this year.

Here's a rundown of the changes that Gov. Gretchen Whitmer signed into law last fall.

What is expungement?

Expungement seals criminal convictions from the general public, including employers and landlords. Once a record is expunged, people applying for employment, housing and financial aid can truthfully state that the arrest and conviction never occurred. 

Law enforcement, courts and agencies such as the Michigan Department of Corrections retain access to expunged records.

When will the changes take effect?

The changes to expungement via the application process will take effect on April 11. These laws apply to the petition process, which is when someone asks the court for an expungement and the decision is made by a judge. 

Michigan is also creating a system to automatically expunge eligible felonies and misdemeanors after certain periods of time. This bill had a two-year implementation period, meaning the earliest that automatic expungement will take effect is Dec. 30, 2022, according to Safe & Just Michigan. 

What will the new laws do?

The key changes to expungement by application include:

• Eligible offenses: Expanding eligibility to up to three felonies and an unlimited number of misdemeanors, with certain conditions on the types of offenses that qualify. No more than two assaultive crimes can be expunged, and no more than one felony conviction for the same offense if the offense is punishable by more than 10 years imprisonment. 
• Waiting period: Adjusting the waiting period to apply after a person's monitoring by the justice system ends (i.e. sentencing, probation, release from incarceration, parole — whichever occurred last) if they remain conviction-free. The waiting period will be three years for misdemeanors, five years for serious misdemeanors or one felony, and seven years for multiple felonies. 
• Traffic offenses: Expanding eligibility to most traffic offenses. This excludes convictions for driving while intoxicated, traffic offenses that cause injury or death, and Commercial Driver License violations. 
• Marijuana misdemeanors: Creating a streamlined process to apply for expungement of misdemeanor marijuana possession and use that would not have been considered crimes after recreational marijuana was legalized in Michigan. Judges must grant expungements if prosecutors don't object. 
• Multiple offenses in one day: Treating multiple felonies or misdemeanors arising from the same 24-hour period as one conviction for the purposes of expungement. None of the offenses can be assaultive, involve the use or possession of a dangerous weapon, or carry a maximum penalty of 10 or more years in prison. 

More:Gov. Whitmer signs bills expanding criminal record expungement in Michigan

More:Detroit residents can apply now for help with expungement under new laws

What convictions will not be eligible for expungement through the application process?

Felonies that carry a maximum punishment of life in prison, attempt to commit a felony for which the maximum punishment is life, felony domestic violence (if the person had a previous domestic violence misdemeanor), child abuse, most criminal sexual conduct offenses, DUIs, and traffic offenses causing injury or death. 

When automatic expungement begins, what convictions will be eligible?

Up to two felonies and four misdemeanors will be automatically cleared.

Misdemeanors will be expunged seven years after sentencing. Felonies will be cleared 10 years after sentencing or the person's release from incarceration, whichever comes last. There cannot be any new convictions during the waiting period. 

The following will not be eligible for automatic expungement: 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, human trafficking, injury or serious impairment, and death. 

How many people will be eligible under the new laws?

Estimates range from hundreds of thousands to as many as 1 million people in Michigan. 

In Detroit alone, the city estimates 86,000 additional residents will be eligible under the new legislation, bringing the total number of residents who qualify for expungement to 168,000.

When should I apply?

People who want to be considered for expungement under the forthcoming changes should wait until April 11 to apply. Those who submit an application before then risk being denied if they're not eligible before the new laws take effect, which would trigger a three-year waiting period to reapply, according to Safe & Just Michigan.

How do I apply for expungement?

An application form from the State Court Administrative Office lists step-by-step instructions. The form can be found online by searching Google for "application to set aside conviction MC 227 form.” For expungement under the laws taking effect this spring, the State Court Administrative Office is working on an updated application form that should be available on its website by mid-March.

Generally, the process involves ordering a certified record of convictions from the clerk of the court where the convictions occurred, getting fingerprinted, getting the application notarized, filing the application with the court and preparing for a hearing in front of a judge.

More:How to get your criminal record sealed in Michigan

Where can I get help?

Detroit residents can seek help now from Project Clean Slate, a free city program. City residents are encouraged to enroll online so that staff can start to prepare their cases. The program walks people through each step of the expungement process, from the application to the court hearing. Questions may be sent to projectcleanslate@detroitmi.gov.

People who live in other areas of the state should stay tuned. The Attorney General's Office says it is developing educational materials for navigating the new laws, but there's not yet a date for when those resources will be made available. Additionally, several organizations are looking into ways to provide legal support for people trying to seal their records. 

Angie Jackson covers the challenges of formerly incarcerated citizens as a corps member with Report for America. Her work is supported by The GroundTruth Project and the Hudson-Webber Foundation. Click here to make a tax-deductible contribution to support her work. Become a Free Press subscriber.  

Contact Angie: ajackson@freepress.com; 313-222-1850. Follow her on Twitter: @AngieJackson23