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Michigan Expungement Law Updates For 2021

The words criminal record expungement appear on a page.There has been a new law regarding expungements for the state of Michigan. 

Gov. Gretchen Whitmer signed legislation that expands the criteria for expungements related to traffic offenses, marijuana convictions, and minor crimes, even making some offenses eligible for automatic expungement. The effort is to simplify and expand existing expungement laws to make it easier to remove certain felonies and misdemeanors from their record.   

The New Expungement Laws in Michigan

The new expungement laws will help those that may have committed a marijuana offense after December 6, 2018. This date is significant because this was when recreational marijuana use became legal in the state of Michigan for adults. Having these records expunged will help those that are trying to gain employment or housing.   

The Most Important Things to Know About the New Expungement Laws

The new Bill takes effect on April 11, 2021. 

The outline of the new House Bill are as follows: 

  • Creates an automatic process for setting aside eligible misdemeanors after seven years and eligible non-assaultive felonies after 10 years.
  • Expands the number and revises the types of felonies and misdemeanors eligible to be set aside by application.
  • Revises the waiting periods before being eligible to apply.
  • Treat 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.
  • Expands expungement eligibility to various traffic offenses.
  • Allow 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.

If you fall into these expungement law updates and believe you could have your Marijuana violations expunged from your record, please contact us today to discuss your case.  

Get Help with Your Expungement Legal Case

Expungement laws have changed in ways that will benefit Michigan citizens who hope to move on from their past. These laws can be difficult to understand without the right training. The expungement experts at Aldrich Legal Services can help you get the best outcome for your case. Give us a call today to set an appointment.

FAMILY LAW 83: A trial court can terminate a parent’s rights and permit a stepparent to adopt a child.

A trial court has discretion to terminate a parent’s rights and permit a stepparent to adopt a child when the conditions of MCL 710.51(6) are met. MCL 710.51(6)(b) requires the petitioner to establish that the other parent had the ability to visit, contact, or communicate with the children, and substantially failed or neglected to do so for a period of two years.

PROBATE 53: The trust agreement included an Incontestability Provision.

A settlor’s intent is to be carried out as nearly as possible. Generally, in terrorem clauses are valid and enforceable. However, a provision in a trust that purports to penalize an interested person for contesting the trust or instituting another proceeding relating to the trust shall not be given effect if probable cause exists for instituting a proceeding contesting the trust or another proceeding relating to the trust.

FAMILY LAW 82: Court stated it would terminate the personal protection order (PPO) after the parties present documentation of the initiation of the divorce proceedings.

However, the trial court concluded that these matters should, in fact, be in the province and the jurisdiction of the Family Division and in that respect, having issued a personal protection order, the Court stated it would terminate the personal protection order after the parties present documentation of the initiation of the divorce proceedings.

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PROBATE 51: Trust filed a petition to determine title to credit union account.

The probate court explained that the owners of the account are S and J. When S passes, J becomes the owner of the account. J is the one who had the authority to make the designation. Nowhere in any documents is there a designation by J that SJ be the owner -- or the beneficiary of the account. The designation made by his father was no longer binding because he was no longer the owner at the time J passed away.

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FAMILY LAW 77: Court awarded plaintiff sole legal custody; defendant was unwilling to work with plaintiff.

For joint custody to work, parents must be able to agree with each other on basic issues in child rearing including health care, religion, education, day to day decision making and discipline and they must be willing to cooperate with each other in joint decision making. If two equally capable parents are unable to cooperate and to agree generally concerning important decisions affecting the welfare of their children, the court has no alternative but to determine which parent shall have sole custody of the children.

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