A criminal record is more than just an informational document. People with criminal records struggle to move on with their lives after serving out their sentences. These parties have a more difficult time securing work, applying for government assistance, and getting their lives back on track.
Michigan, however, recently took a step to make the lives of convicted criminals a little easier. The state's “Clean Slate” law took effect on April 11. This new legislation expands on existing Michigan law, which already allows for two misdemeanors or a single felony to be wiped from an offending party's record after five years.
Nowadays, the program is more generous. Michigan residents who have been convicted of misdemeanors, felonies, and non-violent crimes will have up to three applicable convictions automatically erased from their records after serving their sentences. None of these convictions may detail violent crimes. Similarly, parties convicted of the same crime twice or more are not eligible for the forgiveness program.
Michigan Attorney General Dana Nessel specifically notes that parties convicted of marijuana offenses have the right to request that a judge consider expunging their record if their offenses took place after December 2018. Any party denied the right to expunge their record may apply for expungement again after a three-year waiting period.
The Finer Details
There are other aspects of the law that won't come into effect until 2022 and 2023. For example, the law notes that all non-violent misdemeanors recorded in the state will be erased from the applicable party's criminal record after seven years.
These parties, however, won't see changes implemented onto their record until next year or later. Similarly, parties with felonies on their records will see those notations erased after ten years, provided they've maintained a clear record since facing justice.
Setting a Precedent
The work done in Michigan sets a precedent for other states. At this point in time, Pennsylvania has its own clean state legislation in place. Any parties convicted of misdemeanors or summary offenses in the state can see those records sealed after ten years, provided that their records or otherwise clean. This legislation went into effect as of January 2021 and occurs via petition. Come November 2021, those parties convicted in the state may have their records automatically sealed, provided that they meet the state's requirement for relief.
Even so, the state may see fit to expand its expungement legislation. With Michigan leading the way, there may be a future in which states forgive minor, non-violent offenses with more regularity. In turn, those parties facing undue stigma for the mistakes of their past may have more opportunities to make a life for themselves on the straight and narrow.
Reaching Out For Help
Pennsylvania's clean slate legislation can be difficult to parse, especially without legal experience. Luckily, no one who wants to explore criminal expungements has to do so alone. Instead, interested parties can reach out to the Criminal Law Team at the LLF Law Firm. Schedule a case consultation by calling 888-535-3686 or by reaching out via the firm's online form.
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