April 09, 2015 Category: Criminal Defense
The Governor recently signed into law an amendment to the Michigan expungement statute which now permits convictions of two major misdemeanors or one felony even though one also has certain misdemeanor convictions to be set aside. Previously it was possible to do so if an individual had more than one conviction. The law also loosens requirements for people convicted of a low-level felony. This law is going to help give people a fresh start and avoid some of the restrictions and collateral consequences of a prior conviction as judges will have more discretion to grant expungements.
However, expungements still cannot be sought or obtained for driving offenses such as drunk driving or driving with a suspended license or for domestic violence, stalking, certain child abuse crimes, human trafficking, and terrorism. There is hope, however, for people who have a low-level felony or two misdemeanors to obtain an expungement after the five-year waiting period. The new law allows individuals with two misdemeanors to expunge both or those with two misdemeanors and a low-level felony to expunge the felony.