A: No, the program is slated to get up and running by April 2023. Once the program goes into effect, individuals may have up to two non-violent felony convictions and four misdemeanors automatically expunged if they meet the other requirements under the law. Please note that not all offenses will be eligible for automatic expungement, even when the program goes into effect. 

A: Yes, the following offenses CANNOT be automatically expunged or expunged by application 

• Certain DUI offenses *Please note that effective February 19, 2022, first-time DUI  offenses may be eligible for expungement. 

• Any offense punishable by life

• Any traffic offenses committed by a person with a commercial driver’s license  (CDL) while operating a commercial vehicle. 

• Any traffic offenses causing injury or death. 

• Felony domestic violence if the individual has a prior misdemeanor domestic violence conviction. 

• Criminal Sexual Conduct (CSC) 1st-, 2nd- and 3rd-degree. 

• CSC 4th-degree if committed on or after Jan. 12, 2015. 

• Out-of-state convictions 

• Federal convictions

A: Given the complexity of the new Clean Slate Act, you may not be able to determine your eligibility on your own. In light of this, we would encourage you to get screened by an attorney or utilize one of a number of expungement resources that are available in and around the state of Michigan.

A: If you do meet the statutory requirements under the Clean Slate Act, you may apply to have your conviction(s) expunged using Form MC 227, which the state courts created to guide applicants through the process. You can also find more information on this process on the Michigan Attorney General’s website.

A: Processing times vary from court to court, but it is not uncommon for the expungement by application process to take six months or more to complete. Many courts schedule the hearing on the application three months or more after the filing date to allow the Michigan State Police and Michigan Attorney General’s office to complete the required background check and statutory eligibility analysis. If these steps are not completed before the scheduled hearing date, the hearing will need to be rescheduled. Furthermore, processing times may also be impacted by hearing backlogs that have accumulated in many courts during the COVID-19 pandemic. Please contact the relevant court or a local legal services provider with specific questions about processing times. 

A: At Fresh Coast Alliance, we believe that every person who has remained crime-free for the statutory waiting period should be eligible for public record clearance. This position is strongly supported by the existing research on record clearance and recidivism, and —  consistent with that — we will always advocate for the broadest possible expungement policy. However, many legislators and other stakeholders may not necessarily share this view. So while we believe that the passage of the Clean Slate Act was a step in the right direction, we will continue to fight for broader record clearance in the future.

A. The Michigan State Police offers online access to its criminal history database for a fee through its Internet Criminal History Access tool (ICHAT), which is available here: apps.michigan.gov/. Additional information about ICHAT is available here: bit.ly/mics-ichat. Information regarding a criminal conviction can also be obtained from the conviction court. A certified copy of the conviction record is required to file a petition for expungement. 

A: This is true in multiple ways:  

1. Michigan is the first state in the nation to pass a retroactive automatic expungement that makes many felonies eligible for automatic expungement.  

2. Eligibility for the automatic expungement is not conditional on whether the applicant has unpaid criminal justice debt. However, there is a provision that permits the expungement to be rescinded if the person does not make a good-faith effort to  pay restitution.  

3. The expansions to eligibility for the petition process also position Michigan as a national leader in criminal record sealing policy. 

A: Please feel free to check out the Clean Slate resources page on the Safe & Just Michigan website www.safeandjustmi.org/our-work/clean-slate-for-michigan/