Do I Qualify to Get My Records Expunged?

Key Takeaways

• Michigan’s Clean Slate laws expanded expungement eligibility, allowing more people than ever to remove qualifying convictions from their public records.
• Eligibility depends on factors such as the type of conviction, the number of convictions on your record, completion of your sentence, and satisfaction of the applicable waiting period.
• Many misdemeanor convictions, felony convictions, and certain first-offense OWI convictions may qualify for expungement.
• Certain offenses remain ineligible for expungement, including murder and other crimes that Michigan law specifically excludes from record clearing.
• If automatic expungement does not apply, you may still be able to clear eligible convictions through a court petition.

When you’re convicted of a criminal offense in Michigan, the ramifications can stretch into many areas of your life, including employment options, housing applications, educational opportunities, and professional licenses. But while many people assume a conviction will remain on their record forever, that isn’t always true.

Michigan expanded its expungement laws through the Project Clean Slate Act, making record clearing available to more people than in previous years. As a result, some criminal convictions that once remained on a public record indefinitely may now qualify for expungement, giving applicants second chances and the ability to erase the stigma of past mistakes.

Despite these changes, people still have questions about expungement eligibility. Some believe a felony conviction automatically prevents expungement. Others assume multiple convictions make them ineligible. In some situations, those assumptions are incorrect. This guide explains who may qualify, which convictions may be eligible, and what you should know before filing an application.

What Does “Expungement” Mean in Michigan?

Expungement is the legal removal of an eligible criminal conviction from the public record. State law refers to the expungement process as setting aside a conviction. When a Michigan court grants a set-aside request, that offense no longer appears in most public background checks.

A set-aside can improve your ability to apply for jobs, housing, educational programs, and professional licenses. Many employers, landlords, schools, and licensing boards review the criminal history of all applicants: removing an eligible offense can eliminate a criminal history record that may affect those decisions.

Note: Expungement does not erase every record connected to a case. Certain government agencies and law enforcement organizations may still access information about a conviction that has been set aside. But for most public purposes, however, the offense is no longer visible.

Michigan law provides two ways to clear eligible records:

• Automatic expungement through the state’s Clean Slate law. Certain qualifying convictions may be removed after the applicable waiting period expires and all requirements have been met.
• Filing an application with the court. In those cases, a judge reviews the request and decides if the record should be set aside.

Before you can determine if a conviction may be removed from your record, you need to understand Michigan’s eligibility criteria. Those rules determine who can apply, which offenses may qualify, and when a request can be filed.

The Basic Eligibility Question: Do You Qualify?

The answer depends on your criminal history and the type of offense you want to remove from your public record. Michigan’s Clean Slate laws expanded expungement opportunities, but the law still sets limits on who can qualify.

Here’s what you need to know:

• Before seeking expungement, you must complete all parts of your sentence. Depending on your case, that may include jail or prison time, probation, parole, fines, restitution, and other court-ordered requirements. If any part of your sentence remains incomplete, the Michigan court may deny your request.
• Under Michigan’s current laws, having more than one conviction doesn’t automatically prevent expungement. In some situations, you may qualify to set aside multiple misdemeanors and felonies. The rules depend on the number of offenses and the statutes involved.
• The offense itself also affects initial eligibility. Michigan allows expungement for many crimes, but certain offenses remain ineligible regardless of how much time has passed. The next section explains which crimes may qualify and which ones can’t be removed.
• You must also satisfy the appropriate waiting period before filing an application. The length of that waiting period depends on the offense and your criminal history. Submitting a petition before the waiting period expires can result in a denial.

If you assume an old conviction automatically disqualifies you, or that multiple convictions prevent expungement, you may be relying on outdated information. Speak to a Michigan expungement attorney as soon as possible.

Which Convictions Can Potentially Be Expunged?

• Misdemeanor Convictions: Many misdemeanor convictions can be set aside. Depending on the statute, this may include certain property crimes, drug-related crimes, and other offenses, including some domestic violence convictions. Some qualifying misdemeanors may also be removed automatically through Michigan’s Clean Slate expungement program after the waiting period expires (seven years from the date of your sentence).
• Felony Convictions: You can apply to clear up to 3 felonies. In addition, many non-violent eligible felonies are also automatically expunged after 10 years without new charges or convictions. 
• Multiple Convictions: In some situations, you may seek expungement for multiple misdemeanors and felonies. State law also includes provisions that can treat certain convictions arising from the same 24-hour period as a single conviction for expungement purposes. 
• Traffic and OWI Convictions: Some driving-related convictions may qualify for expungement. Michigan also permits the expungement of certain first-offense Operating While Intoxicated (OWI) convictions, which was not allowed under prior law.

Which Convictions Can’t Be Expunged in Michigan?

Michigan’s Clean Slate reforms expanded access to expungement, but the law still excludes certain convictions. If your record includes one of these offenses, a court can’t grant a set aside regardless of how much time has passed.

• Murder Convictions: A conviction for murder is not eligible for expungement in Michigan. This exclusion applies regardless of the age of the case, your conduct since the conviction, or any other factor.
• Certain Criminal Sexual Conduct Offenses: While state law has changed in this area, many criminal sexual conduct convictions remain ineligible. Expungement eligibility depends on the degree of the offense and the statute under which the conviction was entered.
• Serious Traffic Offenses: Some traffic-related convictions involving death, serious bodily injury, or other aggravating factors may be excluded under Michigan law. 

A Note About Assaultive Crimes: Certain assaultive convictions may qualify for expungement, while others are subject to restrictions. You can have a maximum of two assaultive crime convictions expunged (set aside) in your lifetime. This limit applies regardless of whether the assaultive crimes are classified as felonies or misdemeanors.

What If You Are Not Eligible for Automatic Expungement?

If your record doesn’t qualify for automatic expungement, you may still be able to clear eligible convictions through a court-filed petition. For many people, this remains the primary method for obtaining a set aside.

The first step is identifying the convictions you want removed and confirming that they satisfy Michigan’s eligibility requirements. Once initial eligibility has been confirmed, you’ll need to prepare the necessary forms and submit them to the Michigan court that handled the original case, along with fingerprints. These prints are submitted to the Michigan State Police so that state agencies can verify your criminal history before the court reviews your request.

After the petition is filed, the court will usually schedule a hearing. During that hearing, the judge reviews your criminal history, considers any objections from prosecutors or other interested parties, and determines if granting the request is consistent with the public welfare. They may also consider what you have done since the conviction occurred. Employment history, educational achievements, volunteer work, community involvement, and evidence of rehabilitation can all help demonstrate positive changes since the offense.

When Should You Speak With an Expungement Attorney?

Michigan’s expungement laws are broader than they were in the past, but the process itself is still complicated. Criminal records that contain multiple convictions, felony offenses, assaultive crimes, prior denials, or convictions from different courts can all present issues that are not immediately apparent from a basic review.

One common problem involves calculating expungement eligibility dates. You may believe enough time has passed to file a petition, only to discover that the statutory waiting period began later than expected because of probation, parole, incarceration, or another sentencing requirement. 

Things can also get complicated when your criminal record includes offenses that receive different treatment under Michigan law. Some convictions qualify for automatic expungement while others involve a petition and court hearing. Certain offenses remain excluded. In addition:

• Michigan’s Clean Slate legislation is generous, but the rules surrounding what, when, and how you can expunge are more involved. For example, the state permits certain felonies to be grouped as a single conviction if they occurred within a 24-hour “one bad night” window. If you miscalculate eligibility or file too early, the court can deny your petition, and you typically have to wait up to three years to try again.
• The expungement process includes securing certified conviction records, fingerprinting, and drafting sworn affidavits. Miss a deadline, forget a document, or send information to the wrong agency, and your application can be dismissed.
• When you petition to set aside a conviction, the prosecutor’s office, state investigators, and Michigan Attorney General have the opportunity to review your record and oppose your request. An attorney anticipates these objections and prepares supporting materials (detailing your rehabilitation, employment history, and community contributions) to present your past in the most favorable light.

Even if you are technically eligible, expungement is ultimately discretionary. A judge weighs multiple factors before sealing your record. An experienced Michigan expungement attorney can help ensure that the judge understands your life-altering need for the expungement (e.g., getting a job or housing).

FAQs About Expungement in Michigan

How Long Must You Wait Before Applying for Expungement?

For most non-serious, non-assaultive misdemeanor convictions, you may apply three years after completing your sentence. The three-year period begins after the last applicable event, such as the completion of jail time, probation, or another court-ordered sentence requirement. If you want to set aside a felony conviction, a serious misdemeanor conviction, or a first-offense Operating While Intoxicated (OWI) conviction, the waiting period is generally five years. 

Applications involving multiple felony convictions are subject to a longer waiting period. In those situations, Michigan law generally requires seven years to pass after the latest applicable sentencing event, completion of probation, discharge from parole, or release from imprisonment.

Could My Record Already Be Expunged?

It’s possible, but it depends.  Automatic expungement became available in Michigan in April 2023. Since then, the state has automatically cleared more than one million convictions from public records.

For eligible misdemeanors, automatic expungement generally occurs after seven years. For eligible felonies, the waiting period is generally ten years. To qualify, you generally must remain free of new convictions during the applicable waiting period, and there can’t be pending criminal charges in the state’s criminal history database.

Speak to an Expungement Lawyer in Flint, MI

Michigan’s Clean Slate reforms expanded access to expungement and created new opportunities for people who previously did not qualify to clear their records.  At Shaun R. Marks, P.C., we review criminal records, evaluate expungement eligibility, and help clients pursue the removal of eligible convictions. To learn more about our expungement services, contact our office to schedule a confidential consultation. We proudly serve Oakland County, Lapeer County, Shiawassee County, and Saginaw County.