Introduction – A Clean Slate for Past Convictions
Effective April 11, 2021, the Michigan legislature in conjunction with the Governor enacted legislation to afford Michiganders the opportunity to expunge criminal convictions from their record if they have demonstrated good behavior in the time since said convictions were entered, including not being convicted of subsequent crimes.
The New Law
The new law, MCL 780.621, otherwise known as the “Clean Slate” law, allows individuals convicted of one or more criminal offenses to file an application with the convicting court for the entry of an order to set aside 1 or more convictions from their permanent record. The law permits consideration of expungement for the following crimes:
- 1 or more criminal offenses, but not more than 3 total felony offenses, in the State of Michigan
- Up to 2 total convictions for assaultive crimes during one’s lifetime.
- Up to 1 total conviction for a felony punishable by up to 10 years in prison.
- Additional offenses specified within the statute.
Please note, this is the criteria for which a citizen may apply for expungement. Each applicant is evaluated on a case-by-case basis. An assistant attorney general must agree an applicant has proven sufficient rehabilitation and good behavior to warrant expungement, and a Judge must agree to sign an order. Nonetheless, this is an extraordinary opportunity for Michigan residents to start fresh.
Effects Expungement Can Have
If given the option, no one would prefer to be judged on their worst day. This simple truth inspired legislators and the Governor’s office to join together to pass legislation that seeks to afford Michigan residents the opportunity to start over, legally speaking. Having a criminal record can burden citizens in efforts to: apply for jobs, obtain a line of credit for purchases such as a home or vehicle, affect your ability to obtain financial aid or student loans, and more. These burdens do not become easier as we grow older. If anything, they become a greater strain as past offenses are continually brought to the forefront years, even decades after the convictions were finalized and the offender’s debts were paid to society.
Perhaps most frustrating is the mental burden this has on everyday people who do not wish to be judged the rest of their lives on their worst mistake. It is impossible to know the number of call backs not received, credit lines not extended, or favorable loan terms not offered due to a judgment made by someone whom an applicant has never met but reviewed their criminal history through a routine background check. Most of the important career decisions about a person are made when that person is not in the room.
That is why we created the Cardelli Lanfear, P.C., Citizen Expungement Program. The Program will provide free consultation to anyone who believes they might be eligible to apply for expungement of their criminal record. After meeting with one of the firm’s dedicated attorneys, we will assess each case and, if the applicant is eligible, see you through the process until the Judge signs the order expunging your record of the prior offenses. We want to help you become the best version of yourself without being weighed down by the anchor that is a past conviction. Call us today, and let’s get started down the road to a clean slate!
What To Do
Call 248-544-1100 or you can email inquiries to CleanSlate@cardellilaw.com and we will have an experienced professional reach out to you to schedule an initial consultation.
