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Any traffic offenses committed by a person with a commercial vehicle endorsement.Life Offenses or an Attempt to Commit a Life Offense.Alcohol or Drug-Related Driving Offenses, including Operating While Intoxicated and Operating While Visibly Impaired (Impaired Driving) convictions.Under Michigan’s Clean Slate legislation, the following offenses cannot be expunged either by application or automatically: Key Takeaways from Michigan’s Clean Slate Legislation
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As a result, it was quite clear that the application process and restrictions in Michigan’s previous law needed to be updated. According to a study from the University of Michigan Law School, only 6.5% of people who qualified for an expungement applied to have their conviction set aside within 5 years of becoming eligible. Previously, Michigan law only allowed 1 felony or 2 misdemeanors to be expunged, and there were many restrictions attached to that process - it also required the filing of an application to set aside a conviction. Michigan’s Clean Slate legislation makes sweeping changes to Michigan's expungement law. As a result, while many of the changes created by the Clean Slate legislation - which are described in greater detail below - are much-needed, they will take some time to be fully implemented. Moreover, under the Clean Slate legislation, many misdemeanor offenses and some felony offenses will now be subject to automatic expungement, but this process will not be put in place for 2 years.
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The Clean Slate legislation provides that these newly enacted laws do not take effect for 180 days, so if you have an offense that is now eligible for an expungement, you will have to wait until next spring before you are eligible to apply. It is important to note that the changes enacted by these laws will not take effect until April 10, 2021. On October 12, Michigan Governor Gretchen Whitmer signed a package of bills that have collectively been referred to as the “Clean Slate” legislation. In truth, Michigan’s Clean Slate legislation is a package of 7 separate bills that have dramatically changed the legal landscape in Michigan as it relates to expungements (the removal of arrests and convictions from an individual’s public criminal record in Michigan, past arrests and convictions remain available to courts and law enforcement even when expunged).