If that doesn’t happen, the crime will be expunged after 21 days. This means that if multiple crimes occurred, This provision will make expungement available to many people who did not qualify for expungement under the previous law. Discover our vast array of legal resources and guidance. If an answer is filed, a hearing must be set. However, not all offenses qualify for automatic expungement. Now, the new law effectively removes the cap on the number of marijuana related misdemeanors you can expunge. Tell us about your legal situation. Gov. 4980): This bill has a two-year implementation period. Marijuana Criminal Prosecutions Are Increasing in Michigan: Why and How to Fight Them. Formore information about Project Clean Slate, go to  detroitmi.gov/departments/law-department/project-clean-slate or contact 313-237-3024 or projectcleanslate@detroitmi.gov. Many employers don’t hire people with drug convictions. On October 12, 2020, Governor Gretchen Whitmer signed seven bills into law known as the “Clean Slate” initiative, which set out new rules for Michigan marijuana expungement. After the governor signed it into law last fall, the changes officially go into effect on April 11, 2021 . During a news conference with Whitmer in Detroit, lawmakers and advocates held up Michigan as a national leader in expungement reform. That means the earliest it will become effective is December 30, 2022. An expungement is a legal process where a court will remove one or more criminal convictions from your permanent record. According to a 2020 Harvard Law Review article, only 6.5% of those legally eligible for an expungement in Michigan obtain it within 5 years of eligibility. This means that a judge determined if you met the criteria for expungement. Â, Michael was born and raised in the City of Detroit. “This is a historic day in Michigan. The remaining legislation in the seven-bill package will take effect in 180 days. On October 12, 2020, Governor Gretchen Whitmer signed seven bills into law known as the “Clean Slate” initiative, which set out new rules for Michigan marijuana expungement. She said no one was injured. While necessary, these changes made a complex law even more complex for non-lawyers. Expungement - How to Delete a Criminal History. Due to expungement, your past convictions will not show up on a background check. Also, knowing if your offense qualifies for automatic expungement requires review of the nature of the offense, as there are limitations to what crimes automatically are set aside. Whitmer called it a "historic" day for Michigan. Gov. Michael is admitted to practice law in Michigan, the state of Georgia, federal courts and the Supreme Court of Georgia. Public pressure played a big part in helping reform expungement in Michigan. Berrien County Prosecutor Steven Pierangeli said the new laws … Laws permitting the expungement of criminal convictions are a key component of modern criminal justice reform efforts and have been the subject of a recent upsurge in legislative activity. Under current Michigan law, expungement is only eligible for those with one felony and two misdemeanors who haven’t had another offense in five years. Some of the offenses that cannot be set aside include: Under the new law, multiple convictions are counted as one offense for purposes of expungement. The legislation gives the state two years to implement the automatic expungement process. Gretchen Whitmer signed legislation Monday reforming Michigan’s criminal expungement laws making it easier for people who have committed certain felonies and misdemeanors to have their record expunged. If the state doesn’t file an answer rebutting the presumption, after you file an application for expungement, the court must set the conviction aside within, . He earned his JD from Georgia State University in 2004, where he served as president of the Black Law Student Association 2003. We explain how to vote absentee in Michigan leading into the election. The automatic expungement time frame is longer than the time frame in which you’re allowed to file an application for expungement. Detroit Mayor Mike Duggan said 80,000 more city residents will be eligible for expungement. Crime survivors who support the legislation agreed. Most of these laws will go into effect on April 11, 2021. University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 2020 Expungement of Criminal Convictions: An Empirical Study J.J. Prescott University of Michigan Law School, jprescott@umich.edu Sonja B. Starr University of Michigan Law School, sbstarr@umich.edu The changes are expected to help hundreds of thousands of Michiganders by removing a barrier to employment, housing and other opportunities after people have rehabilitated themselves. Michigan's new expungement law takes effect on Sunday. He received his BA from Clark Atlanta University in 1998 in Sociology and Criminal Justice. Want to vote by mail due to COVID-19, but not sure how to go about it? (CBS DETROIT) – Gov. Gretchen Whitmer signed legislation Monday that will automatically clear certain criminal convictions from public view in Michigan while also making more people eligible for expungement through the application process. By being able to finally receive college financial aid, this can jumpstart your career and options in adequate housing. Become a subscriber. The law exclude felonies that have a maximum punishment of life in prison, such as certain, In the past, those seeking expungement were limited to removing. Since he became a criminal defense attorney 20 years ago, Matthew Norwood has been fighting against Michigan’s current expungement laws. Over the last 16 years, he has handled hundreds of cases; collecting millions of dollars for civil plaintiffs and multiple not-guilty verdicts for criminal defendants. Resources The bills expand eligibility for expungement through the application process, which is handled by a judge. While many misdemeanor and felony marijuana offenses now qualify for expungement, there are exceptions to what marijuana convictions can be set aside. This is a $500 value offer. How to vote by absentee ballot in Michigan: Step by step. The new law decreases the time frame for expungement of marijuana misdemeanors by two (2) years. Because they were signed on October 12, 2020, the effective date of these bills is April 11, 2021. This provision will make expungement available to many people who did not qualify for expungement under the previous law. This is what happens when you access expungement.". Research conducted by the University of Michigan law school, recently published by the Harvard Law Review, found that people who receive expungements see a … If an answer is filed, a hearing must be set within 30 days and the prosecutor must demonstrate by preponderance of the evidence that the misdemeanor would still have been criminal after December 12, 2018. The New Boston resident recently got a job at Chrysler, but she worked odd jobs over the last 12 years because other steady employers wouldn't look past her two convictions for felonious assault. What pending changes to expungement laws mean for setting aside criminal records in Michigan - MLive (Oct. 5, 2020) Michigan criminal record expungement bills head to Whitmer's desk - Detroit Free Press (Sept. 24, 2020) However, not all offenses qualify for automatic expungement. “They will ensure a clean slate for hundreds of thousands of people. Under the new law, multiple convictions are counted as one offense for purposes of expungement. Michigan 48909. Assaultive crimes are defined as offenses such as assault, homicide, manslaughter, assaults against pregnant women, kidnapping, rape, armed robbery, terrorism, and violations involving bombs and explosives, according to the House Fiscal Agency. Gretchen Whitmer has signed a package of measures into law facilitating the review and expungement of certain crimes, including low-level marijuana violations. Previously, Michigan law only allowed 1 felony or 2 misdemeanors to be expunged, and there were many restrictions attached to that process — it also required the filing of an application to set aside a conviction. Not eligible for automatic expungement are assaultive crimes, serious misdemeanors, "crimes of dishonesty" (such as forgery and counterfeiting), offenses punishable by 10 or more years in prison and crimes that involve a minor, a vulnerable adult, injury or serious impairment, death or human trafficking. After interning with the Department of Justice, he has continuously represented criminal defendants and civil plaintiffs in Michigan and Georgia courts. Clean Slate Expungement Laws On October 12, 2020, Michigan’s governor signed seven bills into law, expanding the number and types of offenses that can be expunged or set aside from someone’s criminal history. While necessary, these changes made a complex law even more complex … Those looking for assistance should start the process now so that their record can be cleared immediately when the changes to eligibility through the application process take effect in the spring, Duggan said. Such offenses include possession and growing charges. You don’t want to hire just any lawyer for this; you need one who is experienced in filing expungements and who is reputable in the court room. Changes in the bills include allowing a person to set aside one or more … Posted on October 15, 2020 October 15, 2020 Lansing, MI: Democratic Gov. He returned permanently to Michigan in 2013 and continues to represent clients in both criminal and civil cases. A coalition of groups that pushed for the reform over the last few years say Michigan's process to seal a conviction so that it doesn't appear on a background check has long been costly and complicated, and the restrictions unduly narrow. Now in effect, this new law can benefit thousands of Michiganders, making even more marijuana convictions eligible to be set aside (“expunged”). Hasson maintained her innocence but was convicted at a bench trial and sentenced to probation. Contact Michigan's Most Aggressive Criminal Defense Team |, Michigan DUI Laws and Alcoholism Resources. These bipartisan bills are a game changer for people who are seeking opportunities for employment, housing, and more, and they will help ensure a clean slate for hundreds … Below, we have outlined the highlights of the new law: Before the new law, expungements were discretionary. Angie Jackson covers the challenges of formerly incarcerated citizens as a corps member with Report for America. Attorney General Dana Nessel said a portion of her department's website will be dedicated to helping people navigate the expungement process under the new laws. Michigan Governor Gretchen Whitmer recently signed into law an expansion of the state expungement statute making more people eligible for expungement as well as making some expungements automatic. Whitmer Signs ‘Clean Slate’ Bills Expanding Michigan’s Expungement Laws. On October 12, 2020, Gov. This means that if multiple crimes occurred within 24 hours and arose from the same transaction, they are counted as one offense. Michael Norman is a trial attorney practicing both civil and criminal litigation. Five of the six bills will take effect on April 10, 2021 and the remaining bill, the one that automatically expunges convictions, will take effect on October 13, 2022. He directed people to the website for Project Clean Slate, a city initiative that helps residents get their records expunged for free. "You're in your community, you're invested in your community, you're spending time with your family, you're working, you're accessing housing," he said. 12. The law exclude felonies that have a maximum punishment of life in prison, such as certain Drug Trafficking convictions. Automatic expungements won’t begin to take effect until at least. "... just know that you have a friend and ally in me and in my department for those who are beginning their expungement journey," she said. Start The Process Now With A Free Evaluation Detailing How We Can Help You. and the prosecutor must demonstrate by preponderance of the evidence that the misdemeanor would still have been criminal after December 12, 2018. Multiple misdemeanor marijuana offenses may also be set aside if they would not have been a criminal offense after December 6, 2018; the day of adult-use cannabis legalization in Michigan. Some drug convictions make you ineligible to receive federal financial aid to go to college. We begin our process by obtaining your criminal record and reviewing it for expungement eligible offenses. While many misdemeanor and felony marijuana offenses now qualify for expungement, there are exceptions to what marijuana convictions can be set aside. She said her office plans to release a series of videos as well. Hasson said two friends of her daughter alleged that she swerved her vehicle at them 16 years ago. An applicant can petition for expungement as soon as the bills go into effect on April 1, 2020. This is a huge step for people trying to clean up their record and move forward in life. Many apartment complexes and property management companies don’t rent to people convicted of a drug crime. Do-It-Yourself Expungement (Adult Conviction) There is no time to waste. Marijuana convictions where the maximum penalty is life in prison. may be set aside by application after 5 years from the completion of the sentence. Updated Sep 23, 2020; Posted Sep 23, 2020 Saginaw County Sheriff Department Lt. David Kerns takes MLive reporters on a tour of the Saginaw County Jail on … A new set of expungement laws were passed in 2020. And they will help us grow our workforce and expand access to education and skills training.". Michigan's law will apply retroactively and is the first to automatically clear prior low-level felonies. LANSING, Mich. (AP) — Michigan would automatically expunge criminal records and ease the application process for those convicted of marijuana … Application for expungement can be filed within, of the completion of a misdemeanor marijuana sentence. State Rep. Graham Filler, a DeWitt Republican who chairs the House Judiciary Committee and joined in announcing the bipartisan bills in Detroit last fall, said the reform will directly increase public safety. This is referred to as the “One Bad Night” rule. Expungement Michigan 2020. New Michigan Expungement Laws "This is bigger than criminal justice reform," Lt. Gov. If the state doesn’t file an answer rebutting the presumption within 60 days after you file an application for expungement, the court must set the conviction aside within 21 days. However, this provision, Some marijuana offenses will automatically be expunged after. As you may have heard, a group of bipartisan lawmakers proposed a package of bills called the Clean Slate Legislation, and Governor Gretchen Whitmer signed all six bills into law on October 13, 2020. Additionally, one (1) felony may be set aside by application after 5 years from the completion of the sentence. Upon filing, there is a rebuttable presumption in favor of expungement. Click here to support her work. You may be eligible to have a juvenile adjudication made nonpublic under Michigan Compiled Law (MCL) 712A.18e or to have an adult conviction made nonpublic under MCL 780.621. In other words, if you were convicted of a crime for doing something that is now lawful under the recreational marijuana laws that were passed on December 6, 2018, you can have those convictions taken off your public record. The expungement process is not available for certain convictions including murder or other charges punishable by life imprisonment, traffic or sex offenses. Next, we help you prepare and file the petition to expunge eligible convictions, and obtain hearing dates. This tool reflects the new expungement laws. Additionally, more felony marijuana convictions are eligible for removal. "We have less recidivism, less victims. The Michigan Legislature significantly broadened the Expungement or Set Aside Conviction statute in 2020, which means many more people can now seek to set aside their criminal convictions. Under the new expungement law, up to two (2) felony offenses involving marijuana may be set aside by application after seven (7) years from the completion of the sentence. "For many crime survivors, the most important thing ... is what happened it us, we don’t want it to happen again to anyone," Aswad Thomas, a survivor of gun violence, told the Free Press. Then, we’ll ensure you are as prepared as possible for the hearing. Her work is supported by The GroundTruth Project and the Hudson-Webber Foundation. This is referred to as the “One Bad Night” rule. Felonies will be cleared 10 years after sentencing or the person's release from incarceration, whichever comes last. The popularity of the bipartisan bills comes as attitudes nationwide are shifting about mass incarceration. Gretchen Witmer signed a series of bills expanding criminal record expungement in Michigan. Additionally. , making even more marijuana convictions eligible to be set aside (“expunged”). LaBelle said she often meets her clients years or even decades after they become eligible to "I've lost a lot, and my kids unfortunately lost a lot during that time," she said. Let our top rated Criminal Defense & DUI team review your case. Up to two felonies and four misdemeanors can be automatically cleared. Thomas is managing director of Crime Survivors for Safety and Justice, a national network with chapters in Michigan. Application for expungement can be filed within three (3) years of the completion of a misdemeanor marijuana sentence. However, this provision does not apply to: Some marijuana offenses will automatically be expunged after seven (7) to 10 years. An Expungement is a legal process where you are able to remove one or more criminal convictions from your record. He said they’re unfair and even testified to … Also, knowing if your offense qualifies for automatic expungement requires review of the nature of the offense, as there are limitations to what crimes automatically are set aside. Note: Because of the high volume of inquiries we get, we cannot offer free consultations to people with expungement questions. The new law decreases the time frame for expungement of marijuana misdemeanors by, involving marijuana may be set aside by application after.
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