For many Michiganders, a criminal record is a barrier to employment, housing, education, and peace of mind. Fortunately, Michigan has made significant strides in criminal justice reform, particularly with its expanded expungement laws. This article explores what expungement is, how the process works, who qualifies, and why legal counsel—especially from seasoned professionals like former prosecutor, criminal defense Attorney and Senior of Counsel Scott Weinberg of Michigan Criminal Lawyers P.C—is essential in navigating the path to a clean slate.
What Is Expungement?
Expungement is the legal process of sealing or erasing a conviction from your public criminal record. Once an expungement is granted, the individual can lawfully answer “no” when asked if they’ve been convicted of a crime, with a few legal exceptions (such as applying for a law enforcement position or certain federal licenses).
The Clean Slate Law (2021 Reform)
In April 2021, Michigan enacted sweeping changes to its expungement statutes under the Clean Slate Law. This legislation expanded eligibility and introduced automatic expungement for certain non-violent convictions.
Key provisions include:
- Up to 3 felonies and unlimited misdemeanors may be expunged (with exceptions for certain crimes).
- Waiting periods vary:
- Misdemeanors: 3–5 years
- Felonies: 7 years
- Automatic expungement (effective April 2023) applies to:
- Up to 2 felonies (after 10 years)
- Up to 4 misdemeanors (after 7 years)
Crimes That Cannot Be Expunged
While Michigan’s expungement law is generous, some convictions remain ineligible:
- Felonies punishable by life in prison
- Most criminal sexual conduct (CSC) offenses
- Traffic offenses involving injury or death
- Federal crimes and out-of-state convictions
For a full list of exceptions, refer to MCL 780.621.
Case Study: Expunging a Decade-Old Theft Charge
In 2022, Attorney Scott Weinberg helped a client expunge a 2011 felony retail fraud conviction. The client had since maintained full-time employment, completed a degree, and raised a family. With supporting documentation and legal arguments demonstrating rehabilitation, the expungement was granted in Washtenaw County Circuit Court. The client was later hired for a position requiring a background check—something that had previously been out of reach.
“The goal of the justice system should be rehabilitation—not lifelong punishment,” says Weinberg. “Expungement gives people a real second chance.”
How the Expungement Process Works
- Obtain a criminal record: This includes your Michigan State Police (MSP) report and any court dockets.
- Determine eligibility: Not all convictions qualify. Legal review is essential.
- File the application: With supporting affidavits, fingerprints, and documentation.
- Serve notice: Prosecutors and police must be notified.
- Attend a hearing: The judge may ask questions about the conviction and your current status.
- Order of expungement granted: The conviction is sealed from public record.
Automatic vs. Petition-Based Expungement
While automatic expungement offers hope to thousands, the process is not guaranteed:
- Delays in data reporting can prevent eligibility.
- Some eligible offenses may still require manual filing.
- Individuals may benefit from faster relief via petition.
Legal Support Makes a Difference
While forms are available online, a skilled expungement attorney ensures:
- Accurate documentation
- Strategic presentation of rehabilitation
- Timely follow-up with courts and agencies
Scott Weinberg has helped hundreds of clients across Michigan navigate expungement. His approach emphasizes not just eligibility but the broader life context that supports each application.
Real-Life Testimonials
“I had been turned down for job after job because of a mistake I made in my early 20s. Scott helped me get my record cleared and it changed my life. Within two months, I landed a new job with benefits.” — Former client, Detroit
Common Misconceptions
- “I’m not eligible because it was a felony.” False. Many felonies now qualify.
- “It’s too late to apply.” Expungement can be sought long after a conviction.
- “The process is automatic now.” Not always—petitioning is often faster.
Conclusion
Expungement is a powerful tool for those ready to move forward with their lives. With Michigan’s new laws, more people than ever have the opportunity to clear their records. But like any legal process, it requires careful planning, attention to detail, and persuasive advocacy.
Attorney Scott Weinberg is a trusted voice in criminal defense and post-conviction relief. If you’re considering expungement, his office can provide the guidance needed to turn your fresh start into a reality.
References
- Michigan Clean Slate Law Overview: https://www.michigan.gov/cleanslate
- MCL 780.621 Expungement Statute: https://www.legislature.mi.gov/(S(jzwkn4qzxnbiw1451quci145))/mileg.aspx?page=GetObject&objectname=mcl-780-621
- Michigan Legal Help – Expungement: https://michiganlegalhelp.org/self-help-tools/crime-traffic-and-id/expungement-michigan
- Safe & Just Michigan – Clean Slate Guide: https://www.safeandjustmi.org/cleanslate/
