Michigan Motion for New Trial for Purpose of Expunging Criminal Record

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Multi-State
Control #:
US-02609BG
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Word; 
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

The automatic expungements are limited primarily to low-level, nonviolent crimes committed by residents who haven't had another conviction in years. Michigan Attorney General Dana Nessel said about 400,000 Michigan residents were ?completely conviction free? once automatic expungement went into effect.

In 2020, the State of Michigan passed ?Clean Slate? legislation. These laws allow Michiganders to erase or expunge eligible criminal records. Clean Slate legislation went into effect on April 11, 2021. Visit the Attorney General's Expungement page for more information.

Answer: The new law expands eligibility to petition for an expungement in several ways, and creates a new process that will automatically seal certain non-violent conviction records if a person has remained conviction-free for a period of time (seven years for misdemeanors, 10 years for felonies).

Clean Slate law took effect in April 2023, with an automated system for expunging eligible convictions. Up to 2 felony convictions may be automatically expunged 10 years after sentencing or the person's release from custody, whichever comes later.

Not eligible for automatic expungement are assaultive crimes, serious misdemeanors, "crimes of dishonesty" (such as forgery and counterfeiting), offenses punishable by 10 or more years in prison and crimes that involve a minor, a vulnerable adult, injury or serious impairment, death or human trafficking.

The expungement process is about to get a whole lot easier! This program will automatically expunge qualifying, eligible convictions, using information from the Criminal Historical Record database to determine when the proper waiting period for each conviction has elapsed.

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Michigan Motion for New Trial for Purpose of Expunging Criminal Record