Changes to Adult Expungement

June 15, 2015

“Michigan’s adult expungement law has been amended as of January 12, 2015 to potentially permit more people to have their criminal records expunged. Prior to the amendment, a person could only have a conviction expunged if he or she had no more than one conviction and an additional two “minor offenses.” Under the new law, a person can petition to set aside one felony conviction if he or she has been convicted of not more than one felony and not more than two misdemeanors. In addition, a person can petition to set aside one or two misdemeanors if he or she has been convicted of not more than two misdemeanors and no felonies.

The following convictions may never be set aside:
– A felony or attempt to commit a felony for which the maximum punishment is life imprisonment
– Child abuse in the second degree
– Production or possession of child pornography
– Second degree criminal sexual conduct
– Third degree criminal sexual conduct
– Assault with the intent to commit criminal sexual conduct
– Fourth degree criminal sexual conduct conviction after January 12, 2015
– A traffic offense, including operating a vehicle while intoxicated
– Felony conviction for domestic violence, if the person has a previous misdemeanor for domestic violence
– Human trafficking offenses
– Terrorism offenses

Under the amended expungement law, if you petition to have a conviction set aside and your petition is denied, you cannot bring another petition for three years. If you think you may be eligible to have a conviction expunged, consider seeking legal advice before you petition to have the conviction set aside.”