Attorney praises new Clean Slate laws
Barton Morris expects onslaught of expungement applicants
A Royal Oak attorney known for representing clients in the cannabis industry said Michigan’s package of new laws that expand the ability to expunge criminal convictions from a person’s record is one the best things to ever happen in the state’s criminal justice system.
The Clean Slate laws took effect last Sunday.
“It’s the most progressive and positive development we’ve seen
in criminal justice in a long time,” attorney Barton Morris said. “Clean Slate includes perhaps the most progressive expungement laws in the country. And they have the potential to open doors to countless Michiganders, opportunities they likely never thought possible.”
The laws significantly increase the number of felonies and misdemeanors that can be set aside from an individual’s record, thereby removing obstacles to jobs, housing, insurance and student loans, among other opportunities.
“Soon Michiganders will be able to feel the real changes that will come about from this program,” Lt. Gov. Garlin Gilchrist II said in a news release.
Morris, whose law firm is based in Royal Oak, said he expects it to create such a large response it may clog up the justice system for the next couple of years as thousands of people seek to expunge an expanded list. But that will be for the good because so many people will benefit.
“We’ve gotten tons of calls, hundreds, 30 to 35 a day,” he said, referring to people contacted his office in the past two weeks interested in getting a prior conviction expunged.
Morris said one out of three people in Michigan have a criminal record.
Shamar Herron, executive director of Michigan Work! Southeast, said only 7% of eligible individuals in the past have gotten a conviction set aside.
In a related matter, the Michigan Department of Labor and Economic Opportunity announced Thursday it has funneled $4 million in federal dollars to the 16 Michigan Works! offices to assist “returning citizens” in getting a conviction or multiple convictions set aside, called the Clean Slate Pilot program. A returning citizen is someone who has been incarcerated for a crime.
“Before this legislation and this pilot program, there were many barriers in place for returning citizens,” said Susan Corbin, LEO director. “These barriers to seeking criminal record expungement include a lack of information, time constraints, cost of retaining a private attorney and fear of the criminal justice system. With the Clean Slate Pilot program, Michigan Works! Agencies will help these citizens overcome many of these barriers and guide them on a path to success.”
Herron said a University of Michigan study showed that those who gained an expungement of a criminal record say an 11% increase in employment and 25% increase in income.
“We know how important equitable access to expungements are for job seekers,” Herron said.
One of the best parts of the new laws is multiple crimes committed within a 24-hour period are treated as one when counted toward the limit of three felonies, he said.
Morris said the only negative aspect was the expungement laws did not include felonies involving marijuana since recreational use is now legal. Those convicted of a misdemeanor marijuana conviction can still get it expunged. He said gaining an expungement, which must be approved by a judge in the same court where the conviction occurred, “is not necessarily automatic.”
“You have to show why you’re no longer deserving of having a criminal record,” he said.
The prosecutor’s office that prosecuted the case can oppose it.
He said the individual seeking to set aside a conviction must complete the proper form, obtain a certified of the conviction from the court in question, get fingerprinted and provide it to the Michigan State Police, Attorney General, the Prosecutor’s Office in the court’s jurisdiction and the court.
He said he expects the process to take three months.
The amount of time a convict has to wait to seek an expungement is three, five or seven years, depending on the offense, Morris said.
According to LEO, A person who is convicted of one or more criminal offenses may file an application with the convicting court for the entry of an order setting aside one or more convictions as follows:
• A person convicted of one or more criminal offenses, but not more than a total of three felony offenses, in Michigan, may apply to have their convictions from the State set aside.
• Up to three felonies can be expunged. If there are multiple convictions for the same offense (with a max sentence of 10 years) only one can be expunged.
• Unlimited misdemeanors may be expunged.
• Only two convictions for assaultive crimes may be expunged (this is true for misdemeanors and felonies).
• “One Bad Night” counts multiple convictions that occurred as part of the same transaction within 24 hours as one conviction.
Convictions that are ineligible for expungement are:
• Assaultive crimes.
• Crimes involving the use or possession of a dangerous weapon.
• Crimes with a maximum penalty for 10 or more years’ imprisonment.
Also, an applicant cannot have more than a total of two convictions for an assaultive crime set aside during his or her lifetime. And an applicant may not have more than one felony conviction for the same offense set aside if the offense is punishable by more than 10 years’ imprisonment.