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Beginning April 11, 2023, the Automatic Set Aside portion of the enacted Clean Slate Legislation will go into effect. “Set aside” refers to a conviction becoming non-public, which means it is no longer visible to the general public. The Automatic Set Aside change that will take place April 11 is part of the Clean State Legislation from 2021. This is being implemented now that relevant softwares are programmed to conduct the Automatic Set Asides as appropriate.
Calhoun County’s 10th District Court reminds the public of some key factors to this change:
An individual does not need to do anything to be eligible for the automatic set aside. If your convicted charge is eligible, it will be set aside. This will not happen immediately; It will take time for all eligible convictions to be set aside.
There is no limit on how many of one person’s 92-day or less misdemeanors can be set aside. Only four 93-day or more misdemeanors may be set aside. Only two felony convictions may be set aside. Misdemeanor convictions are not eligible unless it has been seven or more years from the date of sentence.
On April 11, 2023, all eligible convictions that are set aside will be considered non-public cases. Anyone calling the 10th District Court inquiring about a non-public case will not be given any information. Only certain individuals may receive information on non-public cases. For instance, defendants must present photo identification before information can be given.
Beginning April 11, 2023, the 10th District Court's public register of actions lookup online and in the Clerk's office will only show cases that are not yet seven years old. Access to cases seven years or older will be suspended until all eligible convictions are made non-public.
One way to determine if your conviction has been automatically set aside is to search your name on the public register of actions from now until April 10, 2023. You will see all cases that are currently public. After April 11, 2023, once the public register of actions begins showing cases seven years or older, you can perform the same search. If you no longer see a case, then it has been made non-public.
Some convictions require a driver's license clearance fee to be paid to the Secretary of State. If you still owe the clearance fee to the Secretary of State, your conviction may still be set aside, but you will still owe the clearance fee to the Secretary of State. The best way to determine whether you still owe the clearance fee is to contact the Secretary of State.
Anyone with additional questions about the Automatic Set Aside component of the Clean State Legislation should contact the 10th District Court by calling 269-969-6666.
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