What is the Michigan Clean Slate Act?
On October 13, 2020, Public Act 193 of 2020 was signed into law with an effective date of April 11, 2021.
This act included a group of bills known as the “Clean Slate” package.
These bills have impacted the rules and procedures an individual may use to have prior convictions set aside.
In addition to making several changes to the existing paper application processes and eligible offenses it also created a process to automatically set aside certain convictions without an application.
The new automatic process required the Michigan State Police (MSP) to make technical changes to the Criminal History Record (CHR) database. To make those changes, the legislation provided for a two-year development process, making the effective date April 11, 2023.
Automated Process to Notify Courts
The MSP engaged the Department of Technology Management and Budget (DTMB) to develop the automated program for setting aside eligible convictions within the CHR database.
In addition, the statute requires the MSP make all set asides within the database accessible to each court in the state.
To accomplish this, beginning April 11, 2023, the MSP will be notifying the courts daily and providing a file, via secure transfer, of all eligible convictions that have been set aside in the MSP CHR database.
Set Asides May Require Application, Some are Automatic
While some individuals will be eligible for setting aside convictions by application, individuals with certain types of misdemeanor or felony records could or will additionally qualify to have convictions set aside automatically.
Automatic Set Aside (Clean Slate) FAQs
Please note that the following Q&As are applicable to automatic set asides.
General Legal Authority
Q: When do automatic set asides start? What will be set aside by that date?
A: The automatic set aside process will begin on April 11, 2023. The first batch of convictions that are set aside will include all eligible convictions in the Michigan State Police (MSP) database as of April 11, 2023. Additionally, courts are also required to set aside all eligible 92-day or less misdemeanor convictions in their respective case management systems and notify the arresting law enforcement agency on or before the tenth day of the preceding month. MCL 780.621g(1).
Q: Is a person prohibited from having any assaultive crimes automatically set aside, or just not more than one?
A: MCL 780.621g(10)(a) prohibits an assaultive crime from being automatically set aside under subsections (2) and (4). Additionally, MCL 780.621g(7) prohibits automatically setting aside any convictions under subsection (2) and (4) if an individual has more than one conviction for an assaultive crime or an attempt to commit an assaultive crime that is
recorded and maintained in the MSP database.
However, an assaultive conviction might, under certain circumstances, be eligible for set aside under the application process.
Q: Does the limitation on two felony and four misdemeanor convictions apply to each jurisdiction or statewide?
A: For eligible offenses, MCL 780.621g(5) allows for a maximum total of two felony and four misdemeanor (93 day or more) convictions to be automatically set aside “that are recorded and maintained in the department of state police database…during the lifetime of an
individual.” (emphasis added).
There is no limit on how many 92-day or less (nonprintable) misdemeanors can be automatically set aside under MCL 780.621g(5).
Q: Will an individual’s conviction be eligible for automatic set aside if the individual owes fines, costs, restitution, or if there is an active warrant for the individual’s arrest?
A: Both MCL 780.621g(10) and MCL 780.621c1 identify offenses that are ineligible for an automatic set aside. MCL 780.621g(6) provides a list of other requirements that must be met before a conviction is eligible for automatic set aside, but the statutes do not preclude an automatic set aside because of outstanding fines, costs, restitution, or active warrants.
• Warrants
A case will not be automatically set aside unless a conviction has been entered. MCL 780.621g(1)-(4). As such, a case with an active pre-adjudication warrant is not eligible for an automatic set aside. However, MCL 780.621g does not prohibit an automatic set aside if there is an active bench warrant issued post-adjudication. As such, courts must determine whether they will recall post-adjudication bench warrants
after a case has been automatically set aside.
• Fines and Costs
MCL 780.621g does not prohibit an automatic set aside for unpaid fines and costs.Furthermore, a court must not reinstate a set aside conviction for unpaid fines or costs. MCL 780.621h.
• Restitution
MCL 780.621g does not prohibit an automatic set aside for unpaid restitution. However, MCL 780.621h(3) states a court shall reinstate a conviction that was set aside under MCL 780.621g “if the court determines that the individual has not made a good-faith effort to pay the ordered restitution.”
Additionally, a set aside conviction “does not relieve any obligation to pay restitution owed to the victim of a crime nor does it affect the jurisdiction of the convicting court or the authority of any court order with regard to enforcing an order for restitution.” MCL 780.622(7).
Read More FAQs here
Making Sure your Expungement is Done Correctly
While an expungement does not require the assistance of an attorney, it is not recommended to engage in any interaction with the court system without one.
The court has the power in determining who is granted expungement and who is not.
An incorrect application or preparation can lead to a denial by the court, you will have to wait to apply again for several years.
Do it right the first time. Get a good lawyer.
