A past criminal conviction often creates significant barriers when you apply for new jobs or housing in Grand Rapids. Michigan lawmakers passed the clean slate law to help residents move past old mistakes and rejoin the local workforce. This law changes how the state handles the process of clearing certain criminal records for people who qualify.
Understanding automatic set-asides
The state now uses a digital system to clear specific convictions without asking a person to file a request. Accordingly, the state’s automatic set-aside process generally applies to eligible misdemeanor convictions seven years after sentencing and to certain eligible felony convictions ten years after sentencing or the completion of a term of imprisonment, whichever occurs later. Many offenses are excluded, including certain violent crimes, traffic offenses and sexual offenses.
Eligibility for manual petitions
While this system helps many, it does not cover every case or type of crime. You may still need to file a formal application if your conviction does not qualify for relief under current laws. The court reviews your actions since the conviction, among other factors and checks whether it should set aside your criminal record.
Michigan law generally allows individuals to petition for the expungement of up to three felonies and an unlimited number of misdemeanors in their lifetime, subject to specific offense restrictions. This process gives a path for those with complex records to seek a fresh start. Showing positive change since the conviction can strengthen a petition for relief.
Steps for the application process
Meeting the eligibility rules for a request involves following strict procedural steps to be sure of the facts. The process requires obtaining official court records and submitting fingerprints to the Michigan State Police for a background check. Applicants must notify the prosecuting attorney of the county where the conviction occurred. They must also notify the Michigan Attorney General for all manual expungement petitions.
Following these legal steps helps the court have the necessary information to make a fair decision. A judge will then determine whether setting aside the conviction serves the public good. Correctly managing the mandatory legal paperwork prevents delays throughout the legal process.
What happens after a set-aside is granted
Having a conviction set aside generally removes barriers to employment and housing. However, the legal path to achieve it can be complex at times. An attorney familiar with Michigan’s expungement process can review your record and identify the most practical path forward.