Michigan Expungement Process

Key Takeaways

• Michigan expungement allows you to set aside eligible convictions so they no longer appear in most background checks used by employers and landlords.
• You must meet strict eligibility rules based on the number of convictions, the type of offenses, and how much time has passed since completing your sentence.
• Waiting periods begin only after you finish all terms of your sentence, including probation and payment of fines, and range from three to ten years depending on your record.
• Filing requires multiple steps, including obtaining your criminal record, completing Form MC 227, submitting fingerprints, filing with the court, and notifying state agencies.
• A court hearing may be required, where a judge reviews your record, your conduct since the conviction, and any objections from the prosecutor before making a decision.
• Expungement can improve your ability to secure employment, housing, and educational opportunities by removing past convictions from public access.

A criminal record doesn’t go away when your case is closed. It continues to appear in background checks used by employers, landlords, and licensing agencies. You may meet the qualifications for a job, yet still face rejection after a routine screening reveals a past criminal conviction. The same issue can affect housing applications, student admissions, and professional certifications.  A criminal record can also limit your right to own or possess a firearm and to go hunting.

Fortunately, Michigan law allows you to ask a court to set aside certain convictions. This legal action removes the conviction from public access, which means most private background checks won’t display it. Courts, law enforcement agencies, and a limited number of government entities can still view the expunged record, but it’s no longer part of the information typically seen by employers or property managers.

This guide explains how expungement works in Michigan. We’ll explain which convictions qualify, how waiting periods are determined, and what documents you must file. You’ll also learn what to expect at a court hearing and how working with a Michigan expungement attorney is a huge advantage.

What Is Expungement in Michigan?

In Michigan, expungement refers to a legal action called “setting aside a conviction.” This doesn’t erase the case as if it never existed. Instead, it removes the conviction from public access, so it no longer appears in standard background checks used by employers, landlords, and most private screening companies.

When a court grants an expungement, the record is updated through the Michigan State Police and court system. The conviction is marked as set aside, which prevents it from being disclosed to the general public. You can then state that you have not been convicted of that offense in most situations, including job applications that ask about criminal history.

Some agencies still retain access to the record. Michigan courts, law enforcement, and certain licensing boards can view a set-aside conviction when permitted by law. This limited access doesn’t affect how your record appears in routine employment or housing screenings, which is where expungement has the greatest impact.

It’s important to distinguish expungement from other outcomes that affect a criminal record. A dismissal means the charge didn’t result in a conviction, so there’s nothing to set aside. A deferred sentence may lead to a dismissal after you complete probation, which can make expungement unnecessary for that charge. Expungement applies only to convictions that remain on your public record after a case is closed.

Michigan Expungement Laws (Project Clean Slate Overview)

Michigan expanded its expungement laws through a series of updates known as the Clean Slate Act. These changes increased the number of convictions that can be set aside and created a path for automatic expungement in limited situations. The goal is to allow more people to remove old convictions from public access after a set period of time.

Under current law, you may qualify to set aside multiple misdemeanor convictions and a limited number of felony convictions. Earlier versions of the law allowed far fewer convictions to be removed. The updated rules also allow certain marijuana offenses to be set aside, which reflects changes in how those criminal offenses are treated under Michigan law.

The Clean Slate Act also introduced automatic expungement for qualifying offenses. This means some convictions are removed without filing an application, as long as you meet strict requirements and complete the required waiting period. For example, eligible non-assaultive misdemeanors may be set aside automatically after seven years. Certain non-assaultive felonies may qualify after ten years, though strict limits apply.

Automatic expungement doesn’t apply to every case. Many criminal offenses are excluded, including assaultive crimes and serious felonies. In addition, automatic removal applies only if you have a limited number of convictions on your public record. If your record exceeds those limits, you must file an application with the court to request that your convictions be set aside.

Most people still need to complete the application process to obtain expungement. This includes preparing the correct forms, submitting fingerprints, and attending a hearing if one is scheduled. Knowing how the Clean Slate legislation applies to your record is the first step in determining the right approach for your case.

Who Is Eligible for Expungement in Michigan?

Eligibility for expungement in Michigan depends on the number of convictions on your record, the type of offenses, and the amount of time that has passed since your sentence was completed. You must meet all eligibility rules before filing, or the court will deny your application. 

What Are the Eligible Offenses?

Eligible offenses include many misdemeanors, such as: 

• Retail fraud
• Disorderly conduct
• Minor drug possession
• Misdemeanor domestic violence

Some non-assaultive felonies may also qualify, including certain theft offenses, drug-related charges, and first-time Operating While Intoxicated (OWI/DUI) convictions. Each conviction must meet the statutory definition of an eligible offense before it can be included in an application.

What Are the Ineligible Offenses?

Certain criminal offenses can’t be set aside under any circumstances. These include: 

• Traffic offenses that result in injury or death
• Most criminal sexual conduct offenses, such as human trafficking
• Crimes punishable by life imprisonment

Assaultive crimes are restricted and may qualify only in limited situations, depending on the number of convictions and the classification of the offense.

If you have multiple convictions that arose from the same incident, Michigan law may treat them as a single conviction for eligibility purposes. This rule can affect how many convictions you are allowed to set aside. Deferred sentences also need close review, since some may result in dismissals that don’t require expungement at all.

Step-by-Step Michigan Expungement Process

Filing for expungement in Michigan is an exacting process. Each step must be completed correctly, or your application can be delayed or denied. You need accurate records, completed forms, and proof that you’ve met all legal requirements before the court will consider your request.

1. Obtain Your Criminal Record

Start by obtaining a full copy of your Michigan criminal record through the Michigan State Police ICHAT system. This report lists your arrests, charges, and convictions as they appear in the state database. You should compare this information with your court records to confirm that every entry is accurate and complete before filing.

2. Complete the Application

You must fill out the Application to Set Aside Conviction, known as Form MC 227. This form requires detailed information about each conviction you want removed, including the court, case number, and date of conviction. Any errors or missing information can result in a denial, so every entry must match your official court records exactly.

3. Get Fingerprinted

Michigan requires a full set of fingerprints for most expungement applications. You can complete this step at a local police agency or through an authorized fingerprinting vendor. The fingerprint card must be submitted to the Michigan State Police so a background check can be completed before your hearing.

4. File the Application with the Court

You must file your completed application with the court that handled your conviction. There is no filing fee for most expungement applications in Michigan. Once filed, the court will assign a hearing date in many cases, though some applications may be reviewed without a hearing.

5. Send Copies to Required Agencies

After filing, you must send copies of your application and fingerprints to the Michigan State Police, the Michigan Attorney General, and the prosecutor’s office that handled your case. Each agency reviews your application and may submit a response or objection. Failure to send these copies can stop your application from moving forward.

6. Prepare for the Hearing

If the court schedules a hearing, you need to prepare supporting materials that show how you’ve changed since your conviction. This can include proof of employment, school records, certificates from treatment or counseling programs, and letters of recommendation. These documents give the judge a clear record of your conduct since the conviction.

7. Attend the Hearing

If the court schedules a hearing, you must appear on the assigned date and time. The hearing usually takes place in the same court where your conviction was entered. You will stand before a judge who reviews your application, your criminal record, and any responses submitted by the prosecutor or state agencies.

The judge may ask direct questions about your conviction and your conduct since that time. You should be ready to explain what led to the offense, what has changed in your life, and how you have complied with all court requirements. Your answers must be clear and direct, based on verifiable facts such as employment history, education, or completed programs.

The prosecutor has the right to appear and object to your application. An objection may be based on the nature of the offense, your criminal history, or concerns about public safety. If an objection is raised, the judge will consider both sides before making a decision.

At the end of the hearing, the judge may issue a decision immediately or take the request under advisement. If the application is granted, the court enters an order to set aside the conviction. If it is denied, the judge may allow you to reapply after a waiting period, depending on the reason for the denial.

FAQs About Expungement in Michigan

Do You Need a Lawyer for Expungement?

If your record involves a single misdemeanor and the eligibility date is clear, you may choose to complete the filing without legal assistance. Other situations are more complicated. If you have multiple convictions, felony offenses, or prior denials, your eligibility must be verified against current law. Errors in counting convictions or identifying eligible offenses can lead to a denial that delays your ability to reapply.

A Michigan expungement attorney can review your criminal record, confirm eligibility, and prepare the application with accurate court information. If the prosecutor objects, an attorney can respond and address those concerns during the hearing. For many applicants, legal guidance provides a more direct path to obtaining a court order to set aside a conviction.

How Many Convictions Can You Set Aside?

Michigan law allows you to set aside up to three felony convictions in many situations. It also allows multiple misdemeanor convictions to be set aside, with limits on how many can be submitted in a single application. If you have a combination of misdemeanors and felonies, the law applies separate caps that must be reviewed together to determine if you qualify.

How Long Do You Have to Wait for Expungement?

It depends. For a single misdemeanor conviction, you must wait at least three years. If you have two misdemeanor convictions, the waiting period increases to five years. If you have three or more misdemeanor convictions, you must wait at least seven years before filing.

Felony convictions have longer waiting periods. For one felony conviction, you must wait five years. For two felony convictions, the waiting period is seven years. If you qualify to set aside three felony convictions, the waiting period extends to ten years.

The waiting period doesn’t begin on the date of conviction. It starts after you complete all terms of your sentence. This includes jail or prison time, probation, payment of fines and costs, and any other court-ordered conditions. If even one requirement remains incomplete, the waiting period has not started.

Speak to an Expungement Lawyer in Flint, MI

Expungement allows you to remove eligible convictions from public access and change how your record appears in background checks. Michigan law sets clear eligibility rules, waiting periods, and filing requirements that must be followed before a court will grant second chances. When each requirement is met, the result is a record that no longer appears in most employment and housing screenings.

If you want to move forward with expungement, you can contact Shaun R. Marks, P.C., to review your record and determine your eligibility. Attorney Marks can help you identify which convictions can be set aside and what steps must be completed before filing. To learn more, schedule a free consultation today. We proudly serve Oakland County, Lapeer County, Shiawassee County, and Saginaw County.