If you have a criminal record in Port Huron or anywhere in St. Clair County, Michigan’s Clean Slate Act may have already changed what you are eligible for, and you might not even know it. Michigan significantly expanded its expungement laws in 2021 and launched automatic expungement in 2023, meaning over one million Michigan residents have had convictions removed from their public records without ever filing an application. If your record has not been automatically cleared, you may still qualify to apply, and the benefits of a clean record for employment, housing, and peace of mind are significant. Here is what you need to know.
Expungement, formally called setting aside a conviction in Michigan, is the legal process of removing a criminal offense from your public record. Once a conviction is expunged, it no longer appears on standard background checks, which means employers, landlords, and most other parties conducting a records search will not see it.
It is important to understand that expungement does not erase the record entirely. Law enforcement agencies retain access to expunged records, and certain licensing boards and government agencies can still view them in specific circumstances. But for the vast majority of everyday situations, an expunged conviction is treated as though it never happened. For residents of Port Huron who have served their time and moved on, that distinction can open doors that a criminal record would otherwise keep closed.
Before Michigan’s Clean Slate legislation took effect in April 2021, expungement was available to very few people and the process was complicated and costly. According to Safe and Just Michigan, before Clean Slate, fewer than 6.5 percent of people who qualified for expungement had sought it within five years of becoming eligible. The new law changed that dramatically.
Under the Clean Slate Act, Michigan now allows expungement of up to three felony convictions and an unlimited number of misdemeanors, with certain exceptions. Multiple convictions arising from the same incident within a 24-hour period can be counted as a single conviction for expungement purposes under the One Bad Night provision. First-offense DUI convictions became eligible for expungement starting February 19, 2022. And misdemeanor marijuana convictions for conduct that would be legal under current Michigan law can be expunged at any time.
On April 11, 2023, the Michigan State Police launched the automatic expungement program, which runs daily to check for newly eligible convictions and processes them without requiring an application. According to the Michigan Attorney General’s Office, over one million Michigan residents had convictions automatically expunged on the first day alone, with 400,000 ending the day completely conviction-free.
Eligibility depends on the type of conviction, how many convictions are on your record, and how much time has passed. It helps to understand the difference between petition-based expungement, where you apply directly, and automatic expungement, where the state processes it without an application.
For petition-based expungement, the waiting periods are:
For automatic expungement, the waiting periods are:
It is important to note that automatic expungement covers up to four misdemeanor convictions and up to two felony convictions. If you have more convictions than those caps allow, the remaining convictions will not be automatically expunged but may still be eligible through the petition process. Criminal defense attorneys in Port Huron can help you assess which convictions qualify under each pathway.
If you believe you may already qualify for automatic expungement, you can check your public record using Michigan’s Internet Criminal History Access Tool, known as ICHAT. The Michigan Attorney General’s Office recommends visiting ICHAT to confirm whether your conviction has been automatically set aside. If it has not been automatically expunged and you believe it should have been, you can contact the Michigan State Police directly.
If your conviction does not qualify for automatic expungement, you can still apply through the traditional petition process. This involves filing a formal application, notifying the relevant prosecuting attorney and law enforcement agencies, paying a filing fee, and attending a court hearing. Criminal defense attorneys in Port Huron can handle this process on your behalf and significantly improve the odds of a successful outcome.
If you have a criminal record in Port Huron or anywhere in St. Clair County and you are wondering whether expungement could give you a fresh start, the answer may be closer than you think. Monument Legal is an aggressive trial law firm serving clients across Michigan. We know how these cases work, and we are not afraid to fight for you.
You can check your public criminal record using Michigan’s Internet Criminal History Access Tool, known as ICHAT, which is available through the Michigan State Police. If your conviction qualifies under the Clean Slate Act’s automatic expungement criteria and the required waiting period has elapsed, it should no longer appear on your public record. If it still appears and you believe it should have been expunged, the Michigan Attorney General’s Office recommends contacting the Michigan State Police directly to flag the issue.
Yes, but only under specific conditions. First-offense DUI convictions became eligible for expungement in Michigan starting February 19, 2022 under the Clean Slate Act. However, expunging a first-offense DUI does not remove the conviction from Secretary of State records and may not affect driver’s license restoration. Subsequent DUI convictions are not eligible for expungement. If you have a first-offense DUI on your Port Huron record, criminal defense lawyers in Port Huron can assess your specific situation and walk you through the application process. See Safe and Just Michigan for more on what the Clean Slate Act covers.
At an expungement hearing in Michigan, a judge reviews your petition and considers factors including the nature of the offense, your conduct since the conviction, and whether expungement is in the public interest. The prosecuting attorney and relevant law enforcement agencies are notified in advance and have the opportunity to object. According to Michigan’s Clean Slate legislation, judges must grant expungements if prosecutors do not object and eligibility criteria are met. Having criminal defense attorneys in Port Huron represent you at the hearing strengthens your application and ensures you are fully prepared. The Michigan Courts provide procedural guidance on the expungement process.
Yes. Lakeshore Legal Aid of St. Clair County provides free expungement assistance to qualifying low-income residents and seniors in the Port Huron area. They can be reached at 810-985-5107 and are located at 803 10th Avenue in Port Huron. Legal Services of Eastern Michigan also serves St. Clair County residents and can be reached at 800-322-4512. For those who do not qualify for free services, working with criminal defense lawyers in Port Huron is the most reliable path to a successful expungement. The Michigan Attorney General’s Office also provides free resources and guidance on the Clean Slate process.
Expungement: The legal process of removing a criminal conviction from a person’s public record. In Michigan, this is formally called setting aside a conviction.
Clean Slate Act: Michigan legislation enacted in 2021 that significantly expanded expungement eligibility and introduced automatic expungement for qualifying convictions.
Automatic Expungement: A process by which eligible convictions are removed from a person’s public record without requiring an application. Michigan’s automatic expungement program launched on April 11, 2023.
ICHAT: The Internet Criminal History Access Tool operated by the Michigan State Police, which allows individuals to check their own public criminal history record online.
Misdemeanor: A criminal offense less serious than a felony, typically carrying a potential sentence of less than one year in jail.
Felony: A serious criminal offense typically carrying a potential sentence of more than one year in prison.
Petition: A formal written application filed with the court requesting expungement of a criminal record.