Michigan Clean Slate Act Guide: Automatic Expungement vs. Filing a Petition

In recent years, Michigan rolled out one of the most progressive record-clearing laws in the United States, commonly known as the Clean Slate Act. A central feature of this legislation was the introduction of an automatic expungement system designed to clear old criminal records without requiring individuals to hire a lawyer or file court paperwork. But while the automatic system is a massive step forward, it is not perfect. Many Michiganders mistakenly believe their record is completely clear, only to lose out on a job or housing opportunity because their specific crime was excluded from the algorithm or the lengthy waiting period had not yet expired. Understanding the difference between waiting for the computer and taking proactive legal action is vital to securing your future.

How the Automatic Sealing Algorithm Works

Under Mich. Comp. Laws § 780.621g, the Michigan State Police, Lansing operates a daily computer algorithm that scans the state's criminal history database. When the algorithm identifies a conviction that meets all the legal requirements for automatic expungement, it seals the record from public view. This means that private background check companies, employers, and landlords will no longer see the conviction when they run a routine check. You do not receive a certificate or a letter in the mail; the process happens entirely behind the scenes. However, because it is an automated system, it only looks at strict data points and cannot consider the context or rehabilitation efforts of the individual.

Wait Times: 7 vs 10 Years

The automatic system requires extreme patience. The algorithm will only trigger an expungement after a strict, mandatory waiting period, which begins counting from the absolute end of your sentence, including your release from jail, the end of your probation, or your discharge from parole.

• Misdemeanors (7 Years): The algorithm will automatically seal up to four eligible misdemeanors (those punishable by 93 days or more) once 7 full years have passed without a new conviction.
• Felonies (10 Years): The algorithm will automatically seal up to two eligible felonies once 10 full years have passed.

If you commit any new crime during this waiting period, the clock entirely resets, and you will have to wait another 7 to 10 years from the end of the newest sentence.

Crimes Excluded from Auto-Expungement

Not every crime qualifies for the automated process. In fact, many common convictions are permanently excluded from the algorithm and will remain on your public record forever unless you take manual action. The automatic algorithm is explicitly barred from clearing assaultive crimes, serious misdemeanors (like domestic violence), crimes of dishonesty (like fraud, embezzlement, or forgery), human trafficking, and offenses punishable by 10 or more years in prison. Crucially, first-offense DUI/OWI convictions are entirely excluded from automatic expungement, meaning you will always carry that record unless you formally ask a judge to remove it.

How to Verify Your Record is Actually Clear

Because the state does not notify individuals when the algorithm seals a record, the burden of verifying your status falls entirely on you. The most reliable way to check is to run an Internet Criminal History Access Tool (ICHAT) search through the Michigan State Police, Lansing. If your conviction is still visible online, the algorithm either missed it, determined you were legally ineligible, or the required waiting period has not fully elapsed. You can also visit your local court clerk at the Washtenaw County Circuit Court, Ann Arbor or the Macomb County Circuit Court, Mount Clemens to request a physical copy of your case file. If the file is stamped as non-public, the algorithm did its job.

Why You Should Still File a Petition Instead of Waiting

Because the automatic system has severe limitations and lengthy timelines, filing a traditional manual petition under Mich. Comp. Laws § 780.621 at your local circuit court, such as the Wayne County Circuit Court, Detroit or the Kent County Circuit Court, Grand Rapids, is almost always the smarter choice. The manual process involves submitting a formal application, getting fingerprinted, and attending a brief hearing before a judge, but the benefits are undeniable:

• Faster Wait Times: If you file a petition, you only have to wait 3 years to clear standard misdemeanors (instead of 7) and 5 years to clear a felony (instead of 10). Waiting a decade for a computer to act can cost you thousands of dollars in lost employment opportunities.
• More Crimes Eligible: A petition allows you to expunge offenses the algorithm completely ignores, such as first-offense OWIs and serious misdemeanors like domestic violence.
• Certainty and Control: Relying on an algorithm means hoping a computer correctly interprets your complex criminal history. Filing a petition results in a physical, signed order from a judge, giving you undeniable proof that your record is clear.

Frequently Asked Questions (FAQ)