Following a two-year implementation process after an April 2021 update to the bill, Michigan residents will have certain convictions automatically cleared from their public records.

Under the new law, a computer-based program has been developed for the setting aside of certain convictions. Convictions are eligible for automatic expungement include:

• Unlimited misdemeanors punishable by less than 92 days imprisonment, after seven years have passed since the date of imposition of the sentence;
• No more than four misdemeanors punishable by 93 days or more of imprisonment, after seven years have passed since the imposition of the sentence; and
• No more than two felonies after ten years have passed since the imposition of a sentence or completion of any term of imprisonment with the Michigan Department of Corrections, whichever occurs later.

Automatic expungement will only occur if there are no pending criminal charges or additional criminal offenses recorded in the Michigan State Police Criminal History Record database against the individual since the seven- or ten-year period.

Convictions of the following types are not eligible for automatic expungement:

• An assaultive crime;
• A serious misdemeanor;
• A crime of dishonesty;
• Any other offense punishable by ten or more year's imprisonment;
• Crimes involving minors, vulnerable adults, injury or serious impairment, or death;
• Human trafficking violations; and
• Certain traffic offenses, including:
• Operating while intoxicated;
• Committing a traffic offense while operating a commercial vehicle as a CDL holder; and
• A traffic offense involving injury or death.

These cleaned records are no longer accessible by public record. Therefore, as a result, certain records that used to be reportable to employers may no longer appear on a consumer report. It is recommended that employers review legislative changes together with their internal hiring teams. If you have any additional questions, please contact your account management team.

Source: Michigan State Police; Michigan Compiled Laws - Setting Aside Convictions

Posted: April 10, 2023

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