In October 2020, the Michigan Legislature enacted a group of bills collectively known as the “Clean Slate” package. Michigan’s Clean Slate law creates a new automatic process to set aside eligible offenses without requiring an individual to file an application. The law also provides for a two-year development process before implementation of the automatic set-aside process, which means automatic set-asides will begin by April 2023.
Summary of Current Law
Eligibility: The Clean Slate law would allow up to two felony and four misdemeanor convictions to be automatically set aside. A petition-based system continues to allow individuals to petition for set-aside relief from a broader range of records that are not clean slate-eligible. Under the older petition-based system, expungements were available for those with only one felony and two misdemeanors.
Exclusions: Life offenses and criminal sexual conduct would not be eligible under the new bill—or current law. The new law expanded eligibility to include most drug, property, and traffic offenses.
Waiting Period: The Clean Slate law would reduce the waiting period to three years for misdemeanors and permit applications for multiple felonies after seven years.
Fines and Fees: Even if a person has unpaid court-assigned fines and fees, they would still be eligible for automatic record clearance in Michigan.
Clean Slate Campaign in Michigan
executive director, Safe & Just Michigan