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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 88: The trial court found that the children did not have an established custodial environment with defendant because, before the separation, he did not have a large role in the children’s lives.

The trial court credited plaintiff’s testimony that, before the parties’ separation, defendant spent minimal time helping to care for the children, so its finding that the children would not have looked to defendant for guidance, discipline, the necessities of life, and parental comfort during that time was not against the great weight of the evidence.

REAL ESTATE 89: RM had not included any language in the deed providing that the property was a joint tenancy with full rights of survivorship, the property instead became a tenancy in common.

RM drafted the deed without seeking counsel and mistakenly believed that, if either she or FK died, the property would fully pass to the surviving tenant. FK’s will provided that if his wife predeceased him—which she did—the personal representative of his estate should sell any residual property that he owned and divide the cash proceeds equally among his surviving children.

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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