This article was originally published in the January 2022 edition of the Barberi Law Insider
In 2021, the Michigan Legislature and the Governor passed a series of sweeping criminal justice reform bills. In those reform bills, one item of particular importance was the so-called “clean slate” package of bills geared toward broadening the expungement laws and allowing more individuals to clear their record of criminal convictions.
Prior to 2021, an individual was only able to have one felony conviction, or two misdemeanor convictions expunged from their public criminal history. However, under the new law, an individual has the option to have multiple felony and misdemeanor convictions stricken from their record, as well as marijuana - related criminal convictions.
Under the new law, an individual can have up to three felony convictions (possibly more if they are related to marijuana) and an unlimited number of misdemeanors removed from their public criminal history. There are exceptions for certain types of serious felonies. However, felonies occurring or arising out of the same event or within a 24 hour period – coined “one bad night” – can be considered as only one felony.
The governor later signed legislation allowing individuals who have one drunk driving conviction to have that record of conviction also removed from their public criminal history, as well.
To qualify, an individual must be outside the statutory waiting period of either 7, 5, or 3 years depending on the offense attempting to be expunged.
A criminal conviction can have a detrimental effect on a person’s ability to find employment, gain certain clearances or employment advancements and promotions. Ultimately, reducing an individual's earning potential by significant amounts.
If you or a loved one made a mistake in the past, don’t let such mistake or mistakes continue to cost you down the road. Contact an experienced attorney at Barberi Law to review your criminal record and see if we can help you clear your name so you can reach your maximum potential in life!