The Williams Law Firm

12/27/2023

It is with great sadness that last night I learned from my wonderful and lifelong friend, John Learson, that Jim O’Brien (left) had died. The picture shows us getting together in Pennsylvania at Jon’s 18 months ago. Jon and I had shrunk, but not Jim. Jim was a sax player and the smartest of us three. He had a large collection of jazz recordings. He helped me with my writings before submitting for various publications. I will miss Jim for the remainder of my days. The three of us were permanently seated at the ‘bad boys table’ in the dining hall next to the Headmaster and the Prefect of Discipline until the day we graduated (my smile …but true!).

04/06/2023

New Setting Aside a Michigan Criminal Conviction Going into Effect on April 1, 2023

As of April 1, 2023 new legislation goes into effect involving Michigan’s nationally unique “Clean Slate Act” of 2020 which is composed of seven separate statutes which were passed into law a few months ago.

As a precatory remark, it must be said that our good legislature sometimes does not consider the practicality of new House or Senate bills which modify, change or replace existing legislation, and this time is no exception. To begin with, “expungement” is not a word that has ever been used in Michigan law, rather the term “setting aside a conviction” is used. They mean absolutely the same thing.

These new changes have such a matter in one of the two significant modifications to the “Clean Slate Act.” The first deals with the maximum time imposed for the least egregious criminal activities, the misdemeanor.

A little history: In the mid-1980s the Legislative Branch of our state government decided that a 90-day misdemeanor would be replaced by a 93-day misdemeanor because of the number of days in consecutive months. There were too many criminal misdemeanors to locate (as well as some “blue laws” that were never taken out of the statute books or repealed) so they determined that all new misdemeanors or existing ones that were being updated would be 93-day and all of the older 90-day minor offenses would just remain on the books. Therefore, at that time there were then five types of Michigan misdemeanors (not counting attempted misdemeanors), to wit: the 90-day, the 93-day, the 6-month, the one year and the ‘high court’ two year (where one cannot go to a prison term).

It should be noted that city, village and township administrations who passed ordinances to the same effect as the state statutes regarding a criminal matter most often simply ‘cut and paste’ the exact verbiage of the statute as part of their own ordinance. Why ordinance rather than state statute… because the smaller municipality could keep the larger portion of fines and costs imposed to pay, in part, for their local police departments that conducted the arrest.

However, beginning with the 2012 update on the 1965 setting aside legislation, the matter of the 90-day vs. 93-day came into legislative focus and they came up with the concept of regular vs ‘serious’ misdemeanors. “Clean Slate Act” continued this by cutting and pasting the House and Senate Bills with the old maximum jail penalty formula of ‘regular vs ‘serious’ misdemeanors’ from the prior legislative update.

Two of these new April 1, 2023 changes are indeed new and beneficial to those who have past misdemeanors and/or felony convictions which may be seeking to have set aside, these being:

1. An automated system for setting aside (expunging) convictions without the necessity of filing an application will be established.

2. Up to two (2) felonies will automatically be expunged the later of 10 years after sentencing or the persons release date from custody.

This automatic expunging does not qualify for matters of assaultive offenses*, convictions for “serious (93-day) misdemeanors,” convictions of more than 10 years imprisonment, matters involving a minor, a vulnerable adult, an injury or serious impairment of a person, or death of a person. It also doesn’t qualify in convictions for human trafficking or any other of the “Clean Slate” prohibitions under MCL 780621c. Therefore, only the rare antique conviction of the 90-day misdemeanor can be automatically expunged under this new legislation.
*Misdemeanor domestic assaults (a ‘serious misdemeanor) can be applied for but not automatically set aside.

So, taken together with the existing “Clean Slate” legislation, what do these changes amount to?

The “Clean Slate Act” allows up to three (3) felonies to be expunged following the norms of no being prohibited and beyond a certain number of years having past. Which ones are automatically removed, and which one isn’t if you have a total of three? It doesn’t say which one of the three must be separately applied for formal removal.

The second matter which lends itself to confusion of practitioners, the courts and the general public which may be affected is that this new legislation states that “up to four (4) misdemeanors which qualify will be automatically expunged seven (7) years after sentencing.” Under the “Clean Slate Act” an unlimited number of qualifying misdemeanors can be petitioned to be set aside. Again, which ones (beyond four) will need to be applied for?

Lastly, it should be noted that among the package of seven separate statutes that make up the “Clean Slate Act,” there is one which addresses the matter of use and/or possession of ma*****na [MCL 780.621e(1)] being automatically removed at some future date. This future date was and is one of having the near one hundred separate district courts receiving funding from somewhere to have their individual court personnel dig through all past convictions to have these matters identified and sent to the State Police Headquarters to be removed or seal from the public record of the individual. This hasn’t happened as of this date.

12/27/2022

Update on Ukrainian's Special Status Regarding Immediate Entry as Refugees

Congress has recently passed laws relating to certain Ukrainian parolees that have included language providing that parolees covered by the legislation "...shall be eligible for resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) ...." Under DHS regulations, refugees are authorized employment incident to status, and under current USCIS policy and practice, refugees are not charged a fee by USCIS for their initial Form 1-765, Employment Authorization Document {EAD). Parolees, however, are not employment authorized incident to status and must pay a fee (currently $410) for their EAD, unless the fee is waived or exempted.

To implement the statutory language "other benefits available to refugees" in the context of section 2502(b), section 401 of Public Law 117-128 (Ukrainian parolees), USCIS is providing the benefits of employment authorization incident to status normally accorded to refugees and a no-fee initial (and replacement of an initial) EAD to Ukrainian parolees so that they receive the same treatment as refugees.

Effective Nov. 21,2022, Ukrainian parolees, and their qualifying family members, with certain classes of admission are considered employment authorized incident to parole, which means that they do not need to wait for USCIS to approve their Form 1-765, Application for Employment Authorization before they can work in the United States. This updated policy guidance applies to the following individuals if their parole has not been terminated:

• Ukrainian parolees whose unexpired Form 1-94 contains a class of admission of "UHP"; and
• Ukrainian parolees whose unexpired Form 1-94 contains a class of admission of "DT" issued between Feb. 24, 2022, and Sept. 30,2023, and indicates Ukraine as the country of citizenship on the document.

For these parolees, their unexpired Form 1-94 is an acceptable receipt they may present to their employer to show their identity and employment authorization for the purposes of Form 1-9, Employment Eligibility Verification. The receipt satisfies the Form 1-9 requirement for 90 days from the date of hire (or in the case of reverification, the date employment authorization expires). Individuals who received Form 1-94 when they entered the United States should visit US Customs and!; I Border Protection's Fo.rm 1-94 page to view and print
a copy of their Form 1-94. If you do not have a passport, you can use your A-Number to retrieve your Form 1-94 online at the site above by choosing "Get Most Recent 1-94." Enter your A-Number in the Document Number field and enter your country of citizenship or "USA" in the Country of Citizenship field.

After the 90-day period, parolees must present an EAD or unrestricted Social Security card and an acceptable List B identity document from the Form 1-9 Lists of Acceptable Documents (such as a state-issued driver's license or identification card). Ukrainian parolees must still file a Form 1-765 to receive a physical EAD. USCIS will provide additional guidance for employers about the completion of Form 1 9, Employment Eligibility Verification.

Effective Nov. 21,2022, USCIS is also exempting the fee to file Form 1-765 for Ukrainian parolees filing for an EAD by mail.

Effective Dec. S, 2022, USCIS will be able to process fee exemptions for online filings of Form l-76S for eligible Ukrainian parolees. We encourage the use of online filing for more efficient processing.

03/23/2022

Here Are Some Things to Know About Sponsoring Refugee Ukrainians or Fleeing Russians
1. The Displaced Persons Act sunset in 1852 it only applied to people who were in U.S. controlled areas of Europe between 1939 in 1945.
2. Russians need visas to enter France but not Ukrainian refugees.
3. Finland is a signatory to the 1951 and Protocol I refugees bleary Russians can file for asylum there.
4. People seeking refugee status from abroad have to register with United Nations High Commissioner for Refugees (UNHCR).
5. While the United States used to have a private sector refugee sponsorship program (1986), that ship sailed many years ago. Canada has something similar today and the U.K. is in the process of crafting emergency legislation to allow for the same. No such legislation is being contemplated in the U.S. at this time.
6. If you wish to help, the following is a list of organizations you can donate to. There are also organizations that work with the U.S. government through the Refugee Resettlement Act to aid recent refugees to get them a "leg up" once they arrive in America.
a) The Lutheran immigrant resources center is a big player in this area.
b) The international Caritas confederation is collecting funds to help Caritas Ukraine. In the United States, that is through Catholic Relief Services. Internationally, you can donate through Caritas Internationalis.
c) The Ukrainian Catholic Archeparchy of Philadelphia also has a link to donate.
d) Two pontifical agencies also are taking donations for Ukraine: Catholic Near East Welfare Association and Aid to the Church in Need. Internationally, Aid to the Church can be reached here.
e) The Knights of Columbus launched the Ukraine Solidarity Fund for humanitarian needs in Ukraine and through refugee sites in Poland.
f) Donations can also be made to Jesuit Refugee Service to support the agency’s work with those forced to flee conflict in Europe.
g) The Salesians also are accepting donations to help refugees.

7. For sponsorship opportunities I recommend reaching out to Lutheran Immigrant and Refugee Services (LIRS), Michigan Refugee Assistance Program (MRAP) sponsored by Jewish Family Services, Refugee Center in Michigan (Samaritas). Michigan Department of Health and Social Services (MDHSS), International Refugee Assistance Program (IRAP) or the Office of Refugee Resettlement (ORR) administered by UNHCR. Those are the only options available as of today.

8. It is reported that while many of the two million people who have already fled Ukraine may choose to stay in Europe, a subset hopes to join family members in the United States. Those seeking a U.S. visa will likely face long wait times and limited appointment availability, as foreign citizens have struggled for months to snag consular appointments amid processing delays due to the COVID-19 pandemic. With embassies shuttered in Russia, Belarus, and Ukraine, pressure on other consular posts in the region will only increase.

9. The Canada-Ukraine Authorization for Emergency Travel (CUAET for short) program and related measures to assist Ukrainians have gone live:
https://www.canada.ca/en/immigration-refugees-citizenship/news/2022/03/canada-ukraine-authorization-for-emergency-travel.html

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/ukraine-measures/cuaet.html, https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/ukraine-measures/ukraine-open-work-permit.html

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/ukraine-measures/study.html.

Canada will be offering a temporary stay of 3 years with a possibility of a future extension, work authorization if desired, and a study permit if desired (on arrival for people under 18; people over 18 will need to apply for a study permit from within Canada after they arrive but will have their application prioritized and won’t need to pay the processing fee).

The program applies to Ukrainian nationals and their immediate family members as defined under Canadian immigration law, which is slightly different from immediate relatives as defined under U.S. law. Spouses and dependent children are included, as one might expect, but so are common-law partners and the dependent child of a dependent child; parents, on the other hand, are not included.

Information for Ukrainians about whether they need a study permit to Come to Canada.

08/26/2021

Why Michigan’s New Expungement Law is so
beneficial~

This progressive new legislation opens the door to many people who were previously ineligible for expungement. Seven new laws went into effect on April 11, 2021 and opens up the door to people who have 3 felonies and an unlimited number of misdemeanors. In addition, an eighth new law will join these and deals with the removal of a first offense Operating While Intoxicated/Impaired Driving conviction after a 5-year waiting period.

The waiting time to apply for expungement has been reduced for misdemeanor offenses from 5 years to only 3 years.

There is also no waiting period to apply to expunge misdemeanor ma*****na offenses.

The "One Bad Night" rule considers the reality of how criminal cases work. It allows multiple offenses that occurred during one incident to be handled as one crime. For example, 3 felonies that occur in one incident are counted as only one offense.

The automatic expungement provision will not go into effect at least until 2023. Additionally, it is limited to certain offenses. The waiting period for automatic expungement is much longer, between 7 to 10 years than the waiting period to remove convictions by application, between 3 to 7 years.

The benefits to expungement are improved career options, better housing options and schools for your children, lower insurance rates, the ability to possess a firearm, and overall quality of life. Expungement will assist in career advancement because 80% of employers run a background check before hiring an employee. Employers also run background checks before promoting existing employees. Having a clean record opens doors to new opportunities both for new jobs and your existing job. Expungement is a very low-cost option considering people tend to earn 25% more within the 2 years following an expungement.

Any charge that carries more than a year in jail, or a felony, is a barrier that prevents you from getting a CPL, or concealed pistol license. However, once that conviction is removed your ability to have a CPL is once again available!

Insurance rates for life insurance and homeowner’s insurance can be affected by a criminal record. Insurance seeks to mitigate risk while criminal behavior is seen as risky. Therefore, you will see higher rates with a criminal record. Once you have an expungement, you are eligible for lower insurance rates.

Most rental properties run background checks and will not rent to persons with felonies or certain misdemeanors. Once you have an expungement, you are eligible to live in better neighborhoods where there are better schools for your children. People who have a college degree earn on average $30,000 a year more than people who have a high school diploma.

Having a criminal record can prevent you from being eligible for receiving student loans. Without student loans, the cost of obtaining a college education is unbearable for most people. Having an expungement done can tremendously increase your lifetime earnings and immediate income.

08/26/2021

This is the new Michigan Clean Slate Legislation!

1) Paper Application Set Aside - MCL 780.621(1), 2020 PA 191, HB 4984

A person may apply to set aside 1 felony and 2 misdemeanor convictions under certain
circumstances. Certain offenses were excluded.

Increases the number of felony offenses that can be set aside from 1 to 3 and establishes that not more than 2 can be for an assaultive crime. MCL 780.621(1)(a)-(b).

Prohibits an applicant from having more than 1 felony conviction for the same offense set aside if it is punishable by more than 10 years in prison. MCL 780.621(1)(c).

Allows an applicant to apply to have a conviction for a violation or attempted violation of MCL 750.520e set aside if the conviction was before January 12, 2015, and the person has not been convicted of more than two minor offenses. MCL 780.621(1)(d) defines a “minor offense” for the purposes of this section as a misdemeanor or ordinance violation for which the maximum permissible term of imprisonment does not exceed 90 days, the maximum permissible fine is not more than $1,000, and the person who committed the offense is not more than 21 years old.

2) Offenses That Cannot be Set Aside - MCL 780.621c, 2020 PA 187, HB 4981

Convictions for the following cannot be set aside:
1. A felony or attempted felony where the punishment is life imprisonment.

2. Certain offenses related to the exploitation and delinquency of minors. Offenses listed are MCL 750.136b(3), 750.136d(1)(b) or (c), 750.145c, 750.145d, 750.520c, 750.520d, and 750.520g. MCL 780.621c(1)(b).

3. A violation or attempted violation of fourth-degree CSC if convicted on or after January 12, 2015.

4. Certain traffic offenses, including operating while intoxicated, committing a traffic offense as a
person with a CDL operating a commercial vehicle, or any traffic offense that involves injury or death.

5. Felony domestic violence, if the applicant has a previous misdemeanor conviction for domestic violence.

6. Human trafficking offenses. MCL 780.621c(1)(a)-(f).
These prohibitions on setting aside a conviction also apply to the automatic set aside provision of MCL 780.621g. MCL 780.621c(2).

An order setting aside a traffic offense does not require the SOS to remove it from the defendant’s driving record. MCL 780.621c(3).

3) “One Bad Night” – Counting Multiple Offenses within 24 Hours - MCL 780.621b, 2020 PA 188, HB 4985

Also known as “One Bad Night.” Multiple felony or misdemeanor convictions must be treated as one felony or one misdemeanor conviction if they occurred with a 24-hour period and arose out of the same transaction. Exceptions include:
1. an assaultive crime,
2. a crime involving the use or possession of a dangerous weapon,
3. a crime with a maximum penalty of 10 years or more imprisonment, and
4. a conviction for a crime that if it had been obtained in this state would be for an assaultive crime.

4) Timing for Filing Set Aside Application - MCL 780.621d, 2020 PA 190, HB 4983
This is a new section that contains many provisions from the pre-2020 amendments version of MCL 780.621 noted above. Changes include:
1. An application to set aside more than 1 felony conviction shall only be filed 7 or more years after whichever occurs last: imposition of the sentence, completion of probation, discharge from parole, or completion of any term of imprisonment. MCL 780.621d(1)(a)-(d).

2. An application to set aside 1 or more serious misdemeanor or 1 felony conviction(s) shall only be filed 5 or more years after whichever occurs last: imposition of the sentence, completion of probation, discharge from parole, or completion of any term of imprisonment. MCL 780.621d(2)(a)-(d).

3. An application to set aside 1 or more misdemeanor convictions shall only be filed 3 or more years after whichever occurs last: the imposition of a sentence, completion of any term of imprisonment, or completion of probation. MCL 780.621d(3)(a)-(c).

5) Nonpublic Status of Set Aside Convictions - MCL 780.623, 2020 PA 193, HB 4980
Includes reference to MCL 780.621e and MCL 780.621g; allows the use of a nonpublic record for making determinations about charging, plea offers, and sentencing; and creates a liability exception for reporting a conviction that was set aside if it was in the public record on the date of the report.
6) Ma*****na Related Set Aside - MCL 780.621e, 2020 PA 192, HB 4982

Creates a set aside process for certain ma*****na-related offenses. A person convicted of 1 or more misdemeanor ma*****na offenses may apply to set aside the conviction(s). MCL 780.621e(1).

The statute specifies that there is a rebuttable presumption that a conviction for a misdemeanor ma*****na offense sought to be set aside by an applicant was based on activity that would not have been a crime if committed on or after December 6, 2018. This rebuttable presumption arises upon filing of an application listed under subsection (1). MCL 780.621e(4).

7) Clean Slate for Non-Repeat OWI Offenders

On August 24, 2021, Governor Gretchen Whitmer signed a pair of House Bills (HB 4219 and HB 4220) that allow for expungement of convictions for a first violation of operating while intoxicated (OWI) under the following circumstances:
• Any person operating a vehicle with a BAC of .08 or more
• Any person operating a vehicle while visibly impaired by alcohol or other controlled substance
• Any person under 21 years old operating a vehicle with a BAC of .02 or more
• Any person operating a vehicle with any bodily amount of co***ne or a Schedule 1 controlled substance

The new law gives those with a single OWI or an Impaired conviction the option to seek expungement of their singular offense five years after probation ends or, if no probation period, five years after their date of adjudication (the date they pled guilty).

Incidents that caused death or serious injury to a victim are not eligible.

This new legislation is scheduled to be in effect 180 days from the date of signing this into law on 8/24/2021.

03/18/2019

Have you lost your driver license due to an alcohol or drug-related conviction? Are you ready to get back on the road? The Williams Law Firm can help you determine your eligibility. Visit our website to learn more, or call us #517-337-8100 for your free consultation.

Driver license restoration for alcohol and drug-related convictions. Legal representation for suspended or revoked driver licenses. Free Consulation.

03/09/2019

The Williams Law Firm is conveniently located in Building C at 411 West Lake Lansing Road in East Lansing, MI. Call us anytime to schedule your free consultation. #517-234-0528

03/07/2019

Is your criminal record holding you back? You may qualify to set aside your criminal conviction. Call our 24 hour hotline #517-234-0528 for your free consultation.

Legal representation in Michigan for criminal record expungement (the setting aside of a criminal conviction). Affordable rates. Free Consultation.

03/05/2019

Driving under the influence of alcohol is a serious offense. If you are facing a drunk driving charge, we can help. Call our 24 hour hotline to schedule your free consultation. #517-234-0528

If you or a family member is facing a drunk driving charge, it is important to protect your rights. The experienced staff at The Williams Law Firm can help.