'CLEAN SLATE' LEGISLATION
Recent legislation makes Michigan a national leader in helping residents more easily set aside criminal records and a get a "clean slate." The new laws make set asides automatic for certain offenses; however, for some offenses, parties will need to apply for a set aside.
While these new laws take effect on April 11, 2021, court and law enforcement authorities are allowed two years to secure funding and coordinate plans to allow for automatic set aside of some offenses. That means automatic set asides may not be implemented until April 2023, at the earliest.
Highlights of the "Clean Slate" package include:
- Creating an automatic process for setting aside eligible misdemeanors after seven years and eligible non-assaultive felonies after 10 years. [NOTE: Not implemented until April 2023.]
- Expanding the number and revises the types of felonies and misdemeanors eligible to be set aside by application.
- Revising the waiting periods before being eligible to apply for a set aside.
- Treating multiple felonies or misdemeanor offenses arising from the same transaction as a single felony or misdemeanor conviction, provided the offenses happened within 24 hours of one another and are not assaultive crimes, or involves possession or use of a dangerous weapon, or is a crime that carries penalty of 10 or more years in prison.
- Expanding set aside eligibility to various traffic offenses.
- Allowing a person to petition to set aside one or more marijuana offenses if the offense would not have been a crime if committed after the use of recreational marijuana by adults became legal in the state.
As of February 19, 2022, revisions were made to MC 227 to include a set-aside for first violation operating while intoxicated offenses.
HOW TO APPLY FOR AN EXPUNGEMENT / SET-ASIDE THROUGH 41-A DISTRICT COURT
1. Determine your eligibility. For your convenience, links to the forms are available below. Court employees cannot provide legal advice and will not tell you which form to use. For additional help, you may contact your attorney. If you do not have an attorney, you may contact the State Bar of Michigan for a referral, or visit Michigan Legal Help for further information.
2. Obtain a CERTIFIED DISPOSITION of your conviction. Certified Dispositions can be requested through a Deputy Clerk at the Courthouse. Please allow up to fourteen days for each request. The cost is $10 per disposition.
3. You must be fingerprinted on an applicant card, RI-008. You may contact the Macomb County Sheriff's Office (586-469-5151) or the Sterling Heights Police Department (586-446-2801) for more information.
4. Complete the appropriate Application to Set Aside Conviction form(s). Make sure you are using the correct form. Forms can be printed from the Michigan Courts' website, or are available at the Courthouse in the Lower Level with the Probation Department. Each link below will open a PDF document in a new window.
- MC 227: Application to Set Aside Conviction(s)
- MC 227a: Application to Set Aside Misdemeanor Marihuana Conviction(s)
- MC 227b: Application for Human Trafficking Victim to Set Aside Conviction(s)
5. Have the application notarized either through a notary public, or by bringing your completed application to the courthouse and swearing to truth of the statements before a deputy court clerk.
6. Make five (5) copies of the notarized form.
7. Submit your application and copy/copies of each Certified Disposition to the court, the prosecutor's office, the Attorney General, and the Michigan State Police. Keep a copy for your records.
The Prosecutor for City misdemeanors and code violations in the City of Sterling Heights is:
O'Reilly & Associates
12900 Hall Road, Suite 350
Sterling Heights, MI 48313
The Prosecutor for State crimes is:
The Macomb County Prosecutor's Office
1 South Main Street
Mt. Clemens, MI 48043
8. You will receive notice of a hearing if needed from the court. Notices are sent via email. Please make sure you have submitted current contact information with your application. If an email address if not available, notices will be sent via USPS.
9. Once you have mailed the appropriate copies to the above agencies, fill out the Proof of Service section on Page 3 of the form, and fax/email/mail a copy to the court.
10. On the day of the hearing, follow your judge’s protocol regarding your hearing. Due to COVID restrictions, requirements differ between judges. You may be required to attend an in-person hearing or a zoom hearing. If your Set Aside Conviction is granted, your case(s) will become non-public. The Clerk’s Office will send copies to the arresting agency and the Michigan State Police.