Changes to Michigan’s expungement laws, which went into effect in 2021, have made setting aside a conviction easier and more accessible.
“Expungements” / Setting Aside a Conviction
“Expunging” or setting aside a conviction provides for a “sealed” or non-public record. This means it may not be visible on background checks conducted by landlords, employers, or educational institutions, and you will not have to list that offense when asked on related applications.
Your expunged convictions remain visible to law enforcement, courts, and other state agencies on your non-public record.
For a thorough list of legal services, forms, and an exhaustive overview of expungements, visit the Michigan Attorney General’s website.
Am I Eligible?
A) Many misdemeanors and other convictions are eligible for expungement, but the following examples are some of the excluded offenses that cannot be expunged:
- Federal criminal offenses
- Felonies with maximum penalty of life imprisonment
- Child abuse and most criminal sexual conduct offenses
- Traffic offenses causing injury or death
See MCL 780.621c for which offenses are ineligible for expungement.
B) If your offense is eligible, you may apply to set aside those convictions after the following period has passed since the date you were sentenced or completed probation, parole, or incarceration:
- Non-serious misdemeanors: 3 years
- First Operating While Intoxicated (OWI)/Operating While Visibly Impaired (OWVI) offense OR a serious misdemeanor: 5 years
- One felony: 5 years
- Multiple felonies: 7 years
In general, you can expunge an unlimited number of misdemeanors and up to three felonies in your lifetime, but there are notable exceptions. For example, you may only file to set aside one OWI or OWVI offense in total across your lifetime. You can find more information on eligibility, and number of convictions you may set aside in MCL 780.621, or view the Washtenaw County Prosecutor’s Office’s overview of the law.
How to File
Michigan Legal Help has step-by-step instructions on how to file an application for expungement. Visit the website and select the county where your case was filed to find forms, articles, and additional resources.
Automatic Expungements
The Clean Slate bills established a process for expunging certain convictions automatically, which went into effect in April 2023. The Michigan State Police’s Criminal History Record (CHR) database automatically sets aside eligible convictions within the system and notifies courts daily.
Expungements that qualify do NOT include convictions such as an assaultive crime, serious misdemeanor, certain traffic offenses, and others listed on the MSP Clean Slate FAQ. Automatic expungements only occur if 7 years have passed since misdemeanor convictions, or 10 years since a felony. See the MSP website for more information on whether or not your conviction qualifies for an automatic expungement.
You can check to see if a conviction was automatically set aside through ICHAT.
Marijuana Convictions
Following the legalization of recreational marijuana, some related convictions are eligible to be set aside now with no waiting period. Certain misdemeanor possession, use, and sale of paraphernalia convictions can be expunged — view the marijuana expungement application to determine if your conviction is eligible and instructions on submission.