Michigan Clean Slate Implementation
April 28th, 2023 | Chris Christian, Director of Compliance
On October 12 and 13, 2020, Michigan Governor Gretchen Whitmer signed a package of six bills into law to expand criminal record expungement in the state or more commonly known as “Clean Slate” laws. The new laws became effective 180 days after signing (April 11, 2021). With the passage of these laws Michigan joins a growing number of other states passing Clean Slate laws. More information on these bills can found here.
As stated in HB 4980, beginning Tuesday, April 11, 2023 (two years after the effective date of the amendments) an automated process for setting aside conviction records was implemented. Courts are beginning to remove qualified criminal records and transition to new public record systems. The law’s implementation requires numerous administrative logistics at various levels within the courts and state police.
First, each court must notify the arresting law enforcement agency of each conviction on or before the tenth day of each month that is set aside for the preceding month. Second, a felony conviction that is recorded and maintained in the department of state police database must be set aside automatically if both of the following apply:
- Ten years have passed from whichever of the following events occurs last:
(i) Imposition of the sentence for the conviction.
(ii) Completion of any term of imprisonment with the department of corrections for the conviction.
- The conviction or convictions are otherwise eligible to be set aside under the law.
In addition, the department of state police must create and maintain an electronically accessible record of each conviction recorded and maintained in the department of state police database that was set aside under the law that must be provided to or accessible by each court in the state.
Employers who conduct background checks in Michigan should expect to see delays in courts processing requests for records, as well as limitations in the scope of records available. Records previously reported may no longer a part of public record.
The Information contained herein is for informational purposes only. Sterling is not a law firm, and none of the information contained in this notice is intended as legal advice. Clients are encouraged to consult with their legal counsel about the impacts of any requirements. This and other important legislative updates can be found on the Sterling website: https://www.sterlingcheck.com/resources/compliance-updates/
Sterling is not a law firm. This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.