You’ve served your sentence and paid your debt to society. Years have passed since your case was resolved, but your criminal record is still following you around.

You might not think twice about it until you’re applying for a new job, looking for an apartment, or pursuing a professional license. Then comes the background check, and suddenly something you thought was behind you is standing in your way again.

The good news? Michigan’s Clean Slate law now allows certain criminal convictions to be expunged automatically. And depending on your record, you might not even have to file an application.

What is Expungement?

Expungement is the legal process of removing an eligible criminal conviction from public view. In Michigan, this is called “setting aside” a conviction. Once a conviction has been expunged, it generally won’t show up on the public criminal background checks that employers, landlords, and others might use.

However, expungement doesn’t completely erase a conviction or destroy every record of it. Police, courts, and certain other authorized agencies can still access the information in some situations — but it’s no longer available to the general public.

Michigan’s Clean Slate Law

Until a few years ago, getting a conviction expunged usually meant applying through the courts. You had to figure out whether you were eligible, gather the required paperwork, and sometimes appear before a judge.

That changed on April 11th, 2023, when Michigan began automatically expunging certain convictions under its Clean Slate law. Instead of requiring everyone to apply, now there’s a process for clearing eligible records once the required amount of time has passed.

Here’s how the waiting periods generally work:

• Misdemeanors: Certain convictions may be automatically expunged after seven years.
• Felonies: Certain convictions may be automatically expunged after ten years.
• Number of convictions: Michigan allows up to two eligible felonies and four eligible misdemeanors carrying a maximum possible jail sentence of 93 days or more to be automatically expunged. For eligible misdemeanors punishable by 92 days or less, there is no numerical limit.

The waiting period doesn’t start when someone is arrested. For misdemeanors, it usually starts when they’re sentenced. For felonies, it starts at sentencing or when they finish serving their sentence with the Michigan Department of Corrections, whichever happens later.

Not every conviction qualifies for automatic expungement. Things like assaultive crimes, serious misdemeanors, and some traffic-related convictions are excluded. Having pending criminal charges or getting convicted of another crime can also affect your eligibility, even if you’ve already waited the required number of years.

What if Your Conviction Is Still on Your Record?

Let’s say you were convicted of a misdemeanor ten years ago. You’ve stayed out of trouble since, and after hearing about Michigan’s Clean Slate law, you figure your conviction must have been cleared by now. But when you check your record, there it is.

Even if that offense doesn’t qualify to be cleared automatically, you may still be able to have it removed from public view by filing an application through the courts. Michigan allows people to apply to expunge up to three eligible felony convictions and an unlimited number of eligible misdemeanors.

The waiting periods are different when you apply through the courts:

• 3 years: Most eligible misdemeanor convictions.
• 5 years: A single felony conviction or certain serious misdemeanors.
• 7 years: Multiple felony convictions.

Depending on your sentence, the waiting period may not start until you’ve finished probation, been discharged from parole, or finished your jail or prison sentence.

In Michigan, even some first-time Operating While Intoxicated (OWI) offenses can be cleared through the court after at least five years, if they meet the requirements. These convictions aren’t eligible for automatic expungement, though, and offenses involving injury or death are excluded.

How to Find Out If You Qualify

Before you start filling out paperwork, it’s worth checking what’s actually on your record.

The Michigan State Police has an online tool called ICHAT (Internet Criminal History Access Tool), where you can check whether an old conviction is still showing up on your public criminal record. Each search costs $10. ICHAT only shows public records, however, so it won’t necessarily provide a complete picture of your criminal history.

There’s also a Clean Slate eligibility guide that can help you figure out whether your conviction qualifies for automatic expungement. It covers which offenses are eligible, how long you need to wait, and what could disqualify you.

If you think your conviction should’ve been automatically expunged but it’s still showing up, you can contact the Michigan State Police here to find out why.

If automatic expungement isn’t an option, the Michigan Attorney General’s website explains which convictions may qualify through the courts and gives application instructions. An attorney can also help you determine whether you’re eligible and what you’ll need to do next.

Taking Another Look

If you were told years ago that your conviction couldn’t be expunged, now might be the time to take another look.

At Fausone & Grysko, PLC, attorney Monique Esparza has proven experience handling expungement matters. If you have an old conviction and aren’t sure whether you qualify for a clean slate, Monique can review your situation and help you handle what comes next.

Contact us today to schedule a free consultation.