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Michigan Clean Slate

What is Clean Slate?

On October 13, 2020, Public Act 193 of 2020 was signed into law with an effective date of April 11, 2021. This act included a group of bills collectively known as the “Clean Slate” package. These bills have impacted the rules and procedures an individual may use to have prior convictions set aside. In addition to making several changes to the existing paper application processes and eligible offenses, the Clean Slate package also created a process to automatically set aside certain convictions without an application. The new automatic process required the Michigan State Police (MSP) to make technical changes to the Criminal History Record (CHR) database. To make those changes, the legislation provided for a two-year development process, making the effective date April 11, 2023.

Automated Process to Notify Courts

The MSP engaged the Department of Technology Management and Budget (DTMB) to develop the automated program for setting aside eligible convictions within the CHR database. In addition, the statute requires the MSP make all set asides within the database accessible to each court in the state. To accomplish this, beginning April 11, 2023, the MSP will be notifying the courts daily and providing a file, via secure transfer, of all eligible convictions that have been set aside in the MSP CHR database.

Set Asides May Require Application, Some are Automatic

While some individuals will be eligible for setting aside convictions by application, individuals with certain types of misdemeanor or felony records could or will additionally qualify to have convictions set aside automatically.

 

Find out if you're eligible for automatic set aside

Find out what remains on your record

Criteria for Automatic Set Aside:

The following criteria applies for convictions to be set aside without an application (automatically):

Offense Type: *Waiting Period
Misdemeanors punishable by less than 92 days imprisonment
No Limit
7 years
Misdemeanors punishable by 93 days or more imprisonment
Not more than 4
7 years
Felonies
Not more than 2
10 years

*The waiting period for misdemeanors refers to the amount of time that has passed since the date of the imposition of a sentence.
*The waiting period for felonies refers to the amount of time that has passed since date of the imposition of a sentence or completion of any term of imprisonment with Michigan Department of Corrections, whichever occurs later.




Misdemeanors punishable by 93 days or more imprisonment or felonies will be automatically set aside if:

  • The applicable time period required has elapsed; 7 or 10 years, respectively.
  • There are no criminal charges pending in the MSP CHR database against the individual.
  • The individual has not been convicted of any criminal offenses recorded in the MSP CHR database during the applicable time period.

Automatic set aside does not apply to convictions for the commission of or attempted commission of any of the following:

  1. An assaultive crime.
  2. A serious misdemeanor.
  3. A crime of dishonesty. 
  4. Any other offense, not otherwise listed under this subsection, that is punishable by 10 or more years' imprisonment.
  5. A violation of the laws of this state listed under chapter XVII of the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69, the elements of which involve a minor, vulnerable adult, injury or serious impairment, or death.
  6. Any violation related to human trafficking.
  7. The following traffic offenses:
  • A conviction for operating while intoxicated committed by any person. 
  • Any traffic offense committed by an individual with an indorsement on his or her operator’s or chauffer’s license to operate a commercial motor vehicle that was committed while the individual was operating the commercial motor vehicle or was in another manner a commercial motor vehicle violation. 
  • Any traffic offense that causes injury or death. 

Frequently Asked Questions

  • The statute becomes effective April 11, 2023. Two years after the effective date of the amendatory act.  MCL 780.621g (1)-(4), (14).
  • An eligible felony conviction will be automatically set aside 10 years after either imposition of the sentence for the conviction or completion of any term of imprisonment with Michigan Department of Corrections, whichever occurs later.  MCL 780.621g (2).
  • MSP will automatically set aside all eligible 93-day or more misdemeanors 7 years after the imposition of sentence.  MCL 780.621g (4).
  • If the 92-day or less misdemeanor conviction is recorded and maintained in the MSP database, the MSP will set aside the conviction 7 years after the imposition of sentence.  MCL 780.621g (3).

  • If the conviction is maintained only in the court’s case management system, the court must set aside the conviction 7 years after the imposition of sentence.  MCL 780.621g (1).
  • Not more than 2 felony convictions and 4 misdemeanor (≥93 days) convictions total can be automatically set aside. The limit on the number of misdemeanor convictions that may be set aside does not apply to 92-day or less misdemeanors set aside under subsection (1) or (3).  MCL 780.621g (5).
     
    1. An assaultive crime.
    2. A serious misdemeanor.
    3. A crime of dishonesty.
    4. Any other offense, not otherwise listed in this subsection that is punishable by 10 or more years’ imprisonment.
    5. A crime with elements involving a minor, vulnerable adult, injury or serious impairment, or death.
    6. Any violation related to human trafficking. MCL 780.621g (10).
    7. The following traffic offenses:
    • A conviction for operating while intoxicated committed by any person.
    • Any traffic offense committed by an individual with an indorsement on his or her operator’s or chauffer’s license to operate a commercial motor vehicle that was committed while the individual was operating the commercial motor vehicle or was in another manner a commercial motor vehicle violation.
    • Any traffic offense that causes injury or death.
  • DTMB and the MSP have developed the computer-based program for the setting aside of convictions. Also, the MSP will create and maintain an electronically accessible record of each conviction recorded and maintained in the state’s database that was set aside and will make it accessible by each court in the state. MCL 780.621g (11) and (13).
    1. The applicable time period (felony - 10 years) or (≥93 day misdemeanor - 7 years) has elapsed.
    2. There are no criminal charges pending in the MSP database. 
     
  • If it is determined that a conviction was improperly set aside under MCL 780.621g (automatic) because the conviction was not eligible, the court, on its own motion, must reinstate the conviction. MCL 780.621h(1)-(2).
     
  • If a conviction was set aside under MCL 780.621g (automatic), and a motion by a person owed restitution is filed, or on the court’s own motion, the court must reinstate the conviction if it determines that the individual has not made a good-faith effort to pay the ordered restitution. MCL 780.621h (3).
     

Questions?

Contact: MSP-CRD-CSAAUTOMATIC@michigan.gov