Activities involving the personal possession and cultivation of cannabis are depenalized on June 29, 2021, the date the new law takes effect. With the consent of the prosecuting attorney, a felony charge that ends in an acquittal or dismissal can now be removed from your record at the time of the ruling. Under the new law, individuals can petition the court to restrict and seal certain convictions from their criminal record, meaning they will no longer appear on public and private background checks for employers. These new laws mitigate past harms of the legal system while also supporting economic and social opportunity for people with a record in several ways. The other bill enhanced the ability to receive an expungement for past marijuana criminal records. New laws that take effect this spring will expand the number and types of convictions that qualify for expungement. Badger Institute analysis determined that roughly 4,500 lower-level Class H or I felonies are committed every year by people 25 or older who now would be eligible but only if they have no prior felony offense. This special session addressed two significant bills. Applications to expunge "misdemeanor marijuana convictions" can be filed beginning April 11, 2021. The information on this website is for general information purposes only. Michigan's New Expungement Laws Offer Second Chance More Julia Elkins and Adam Spence of Lansing, Mich., stand outside their new home with their daughter on April 23, 2021. The expungement measure (Senate Bill 2) stipulates that those with past convictions for offenses made legal under this act are eligible for automatic expungement of their records. Most felonies are not eligible for an expungement. © 2020 Badger Institute, 700 W. Virginia St., Suite 301, Milwaukee, WI 53204, Proposed expungement law would mostly help misdemeanants. We are currently processing petitions received in April 2021and granted orders received in December 2020. The new Pennsylvania Expungement Law allows second and third-degree misdemeanors to be expunged after ten years, and the crime can only be punishable by a maximum of two years. The law relating to automatic expungement of dismissed charges in New Jersey does not apply to offenses that were dismissed before February 15, 2021 (when the new automatic expungement law went into effect). Julia Elkins and Adam Spence of Lansing, Mich., stand outside their new home with their daughter on April 23, 2021. Wisconsin is one of only a handful of states that currently limits expungements based on age at the time of the offense. The new expungement laws are being phased in over time. Here are a few of the changes: Expungement is no longer restricted to people with one felony over a lifetime. A detailed description of New Jersey’s expungement authorities, including its new “clean slate” law, can be found in the NJ profile from the Restoration of Rights Project. [NOTE: The circuit court does not have to grant a petition for expungement of criminal convictions that qualify under the new law. – unlimited misdemeanors as long as none of the offenses are prohibited offenses such as crimes of violence. Eligibility for indictable convictions: An individual who was not eligible to file for an expungement … 9, 2021 at 5:22 PM EDT FLINT, Mich. (WJRT) -It was … By Frye Law Group. First, in all four states, expansive automatic expungement provisions will remove the burden of a criminal record from many individuals, while raising the bar on standards for marijuana record relief nationwide. The automatic expungement requirement will not begin until two (2) years after the effective date of the law. A criminal charge can lead to barriers to employment, education, and even housing. On March 31, 2021, state legislators passed New Mexico recreational marijuana laws during a two-day special session. April 19, 2021 By Oliver Law Group, P.C. We explored the purpose and qualifications for expungement in a previous blog, but exciting new changes in the law will positively impact many people in the future, and are explained here.Keep reading to see if you qualify. Please try again. The new law allows for petitioning the circuit court to expunge a wide range of convictions. One established recreational cannabis regulations and frameworks. The law created a process to expunge certain offenses that are no longer crimes following the … Clearing your criminal record under this new law is key to opening up new opportunities in your future. Offenses eligible for expungement under pennsylvania s new law under the new law those persons with 2nd and 3rd degree misdemeanors which do not involve violence are able to seek the expungement so … The new law will allow people with convictions for nonviolent misdemeanor, municipal ordinance and minor traffic offenses to apply to have their … As of April 12, 2021, you may expunge: – an unlimited number of felonies of the fourth and fifth degree, or. New Alabama Expungement Law Allows for Expungement of Felony and Misdemeanor Convictions. Eighty-seven percent of people who would qualify for an expungement under proposed legislation have never committed anything more serious than a misdemeanor, according to new data from the Badger Institute. Another 6,600 are individuals who had a misdemeanor charge reduced to a forfeiture and, therefore, were never found guilty of a criminal offense. Automatic expungement of certain misdemeanors The law establishes a system for automatically expunging: The changes to the numbers/types of convictions that can be set aside are going into effect on April 11, 2021. Contact us to schedule a case evaluation. The new law is titled The Record Expungement Designed to Enhance Employment and Eliminate Recidivism Act; the REDEEMER Act. If the prosecuting attorney does not consent, you can still petition the court to expunge the record of the felony acquittal or dismissal. This subsection makes certain misdemeanor and violation convictions eligible for expungement as long as certain factors a met. Expungement had also been a priority during the 2020 special session where the House and Senate each offered very different bills. A similar version passed the Assembly last session. But you cannot have been convicted of a new crime during that timeframe. Berrien County Prosecutor Steven Pierangeli says the new laws include a package of 7 different bills that greatly expands the ability for people to have prior convictions expunged or set aside. In addition to eliminating the age restriction, the bill would allow a judge to determine expungement eligibility after a person completes his or her sentence rather than at the time of sentencing — an important change supported by nearly three-quarters of Wisconsin voters, according to a recent Badger Institute poll. New pa expungement law. (The new law increases the fee from $300 to $500.) The process includes multiple steps involving the court system, the arresting agency, and the State Bureau of Investigation. The New Jersey Courts recently announced the statewide launch of its eCourts Expungement System developed in accordance with recent amendments in the law to help increase efficiency of the expungement process. Georgia’s New Expungement and Record Restriction Law: Everything You Need to Know. On April 23, 2021, Governor Kay Ivey signed into law a new Alabama expungement law. The five-year waiting period for an expungement petition and 10-year period for Clean Slate act as de facto extensions of the sentence itself—sentences that are often less than two years! In October 2020, Michigan passed the Clean Slate legislation, expanding the opportunities for expungement of certain felonies and misdemeanors, including a new, automatic expungement process. The new law takes effect on April 11. Here is what you need to know about the new expungement law. Michigan’s new expungement law took effect on April 11. This site is powered by the Northwoods Titan Content Management System. Your message has failed. At a hearing, set by a judge in the county where the arrest or conviction happened, prosecutors can contest expungement … Luckily, there is a process known as expungement in some places, and referred to as record restriction in Georgia, that allows you to restrict certain elements of your official … In February 2021, Virginia lawmakers passed a bill (SB1339, HB2113, i.e., the new expungement law) that will seal some criminal records. Michigan’s Expungement Law Takes Effect On Sunday By Bria Brown April 9, 2021 at 10:35 pm Filed Under: expungement , law , marijuana misdemeanors , Michigan , society , traffic violations Such an attorney can make sure you get the best outcome in your case. For example, the … Misdemeanor non-convictions (excluding traffic infractions). You need an attorney who has experience with petitioning the circuit court for expungement of criminal charges. VA 22902. Eighty-seven percent of people who would qualify for an expungement under proposed legislation have never committed anything more serious than a misdemeanor, according to new data from the Badger Institute.. Video first drive: 2021 Jeep Wrangler 4xe Video first drive: ... New expungement laws that take effect Sunday, April 11, offer hope to Earley and others across Michigan. 106 W South StSte 201 The new 2021 Alabama Expungement Law will be effective July 1, 2021. The "automatic" expungement law is going into effect likely no earlier than 2023. Proudly Representing Clients in the Charlottesville area, Contributing to the Delinquency of a Minor, Malicious Bodily Injury to Law Enforcement, Writ of Actual Innocence Based on Biological Evidence, Writ of Actual Innocence Based on Non-Biological Evidence. – one felony of the third degree and one felony of the fourth or fifth degree*, or. Subsection (b) of 15-27-1 is the first portion of substantial expansion of eligibility with the new 2021 Alabama Expungement Law. Under the new law certain misdemeanor and felony conviction records in the state will be “set aside” or automatically expunged and will not require an application for expugement. By JULIE GRACE | April 28, 2021. Published: Apr. Expungement of Charges That Were Dismissed Before February 15, 2021. The legislation would remove the arbitrary 25-year-old age limit in current state law, essentially making anyone with a nonviolent Class H or I felony (with no previous felonies) or a misdemeanor conviction, regardless of age, eligible to have his or her case removed from public record. The new law takes effect January 1, 2021. Ohio Expungement Law Changes in Ohio House Bill 1. House Bill 1 (“HB 1”) creates the largest changes to the Ohio Expungement and Sealing statute since the Senate Bill 66 in 2018. Deferred dismissals for possession of marijuana and underage possession of alcohol. Expungement reform was adopted by the General Assembly as the 2021 session wound to a close. Previous Badger Institute research found that the number of expunged crimes — currently around 2,000 a year — is a small percentage of the total number of eligible crimes. There must also be no new convictions during that time. “The new law brings about overdue change for so many residents who would otherwise have to carry around the burden of a public criminal record well past the … As is the case now, Wisconsin residents would continue to be eligible for only one expungement in their lifetime and the decision would continue to rest solely with judges, who must determine whether the individuals who apply will benefit and whether society will be harmed. Bryan J. Jones is committed to his clients and will develop a defense strategy tailored just for you. The law establishes a system for automatically expunging: Charges involving mistaken identity or unauthorized use of identifying information.