A conviction of an felony (or attempt to commit any felony) that is punishable by life in prison is ineligible to be set-aside, as are certain traffic offenses and sex offenses. Multiple charges in a single case are counted as separate convictions, so two felony convictions in one transaction is an automatic disqualification. However, there are still several barriers that can prevent an expungement from being granted. In addition, a person convicted of “not more than 2 misdemeanor offenses and no other felony or misdemeanor offenses may petition the convicting court or the convicting courts to set aside 1 or both of the misdemeanor convictions.” MCL 780.621(1)(b). Under current law, a person convicted of a single felony offense may petition the convicting court to “set aside” the conviction five years after imposition of sentence or release from prison, whichever is later, as long as the applicant has no more than two prior “misdemeanors.” MCL 780.621(1)(a). The purpose of these new provisions is to expand the eligibility for people convicted of crimes to expunge their records and get a fresh state. Gretchen Whitmer signed a package of seven bills into law that have been collective known as the “Clean Slate” legislation.
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