Begin the Year Fresh: A Comprehensive Guide to Michigan Expungement and Starting Life Without a Criminal Record

What Is Expungement in Michigan?

Expungement—legally known in Michigan as a “set-aside” under Michigan Compiled Laws (MCL) 780.621 et seq.—is the process of removing a criminal conviction from your public record. Once a conviction is set aside, it no longer appears in a background check performed by most employers, landlords, or educational institutions. The record is not destroyed but hidden from public view, remaining accessible only to law enforcement and certain government agencies.

Having your record expunged can make a tremendous difference when applying for jobs, housing, or professional licenses. It’s a real chance to rebuild your reputation and move forward without the heavy burden of a past mistake hanging over your head.

Recent Changes to Michigan’s Expungement Laws

Michigan has made major strides in expanding expungement eligibility. The most significant changes came from the “Clean Slate Act,” signed into law in 2020 and implemented beginning in 2021 and 2023. These changes significantly broadened who can qualify and automated parts of the process.

Key Highlights of the Clean Slate Act

• Expanded Eligibility: The number and types of crimes that can be set aside have been increased. More misdemeanors and some felonies are now eligible for expungement.
• Automatic Expungement: Beginning in April 2023, certain convictions are automatically set aside after a period of good behavior, without requiring an application.
• Reduced Waiting Periods: The waiting periods for eligibility have been shortened, making it easier to qualify sooner.
• Inclusion of Marijuana Offenses: Some marijuana-related offenses that are no longer crimes under Michigan law can be expunged entirely.

These reforms reflect a growing recognition that people can change and deserve the opportunity to rebuild their lives without being permanently defined by a conviction.

Who Qualifies for Expungement in Michigan?

Eligibility is determined by several factors, including the number of convictions, the type of offenses, and how much time has passed since the completion of your sentence.

1. Number of Convictions

Michigan allows the following:

• Up to three felony convictions can be expunged, provided none are life-sentence offenses or certain disqualifying crimes.
• Unlimited misdemeanors can be expunged as long as they meet the criteria below.

2. Disqualifying Offenses

Certain offenses cannot be set aside under Michigan law, including:

• Felonies punishable by life imprisonment.
• Criminal sexual conduct (CSC) offenses of the 1st, 2nd, or 3rd degree.
• Traffic offenses involving death or serious injury, or DUIs involving injury or death.
• Some serious assaultive crimes or terrorism-related offenses.

If your conviction falls into one of these categories, you may not be eligible, but an attorney can help you evaluate every possible option.

3. Waiting Periods

You must wait a specific amount of time after completing your sentence—meaning after probation, parole, or incarceration—before you can apply for expungement:

• Three years for eligible misdemeanors.
• Five years for serious misdemeanors or one felony.
• Seven years if you have multiple felonies.

These waiting periods start after all terms of the sentence—including payment of fines, restitution, or probation—have been satisfied.

Automatic Expungement in Michigan

One of the biggest updates under the Clean Slate Act is the new automatic expungement system, which began operating in April 2023. This system automatically removes certain offenses from public records without the need for an application or court hearing.

Here’s how it works:

• Up to two felony convictions will be automatically set aside ten years after sentencing (if no subsequent crimes are committed).
• Up to four misdemeanors can be automatically expunged seven years after sentencing.
• Only eligible offenses are included—certain crimes, as noted earlier, remain excluded from automatic expungement.

While this is a great development, the system isn’t perfect. Records are only automatically set aside if all eligibility conditions are met, and there may be delays or errors in the statewide database. If your eligible conviction hasn’t yet been cleared, it may still be worth filing a traditional expungement application.

Expungement for Marijuana Offenses

Michigan’s legalization of recreational marijuana in 2018 created a path for individuals convicted of certain marijuana-related misdemeanors to have those convictions set aside. Under MCL 780.621e, you can apply if the offense involved conduct that would not have been a crime after legalization.

These cases are typically simpler and faster than ordinary expungement applications. Courts are instructed to presume the offense would not be illegal today, and prosecutors have a limited time to object. This law has helped thousands of people clear marijuana offenses from their records quickly and easily.

The Expungement Application Process

If your conviction doesn’t qualify for automatic expungement, you can still apply manually through the courts. Here’s what the process generally looks like in Michigan:

Step 1: Obtain Your Record

Start by obtaining a copy of your Internet Criminal History Access Tool (ICHAT) report from the Michigan State Police, or official court records showing the conviction details.

Step 2: Complete the Application Form

Use the official Application to Set Aside Conviction (MC 227). Include details for each conviction you wish to have removed and ensure all information is accurate.

Step 3: Fingerprints

Applicants must submit fingerprints to the Michigan State Police, along with a processing fee. This ensures that the application corresponds to the correct individual and criminal record.

Step 4: Submit to the Court

File the application in the circuit court of the county where the conviction occurred. You must also send copies to the Michigan Attorney General and the prosecuting attorney who handled the original case.

Step 5: Hearing

In most cases, a hearing will be scheduled. During the hearing, the judge will review your case. The prosecutor and the attorney general may respond with objections or recommendations.

At this stage, it’s highly recommended that you have an experienced Michigan expungement attorney by your side. An attorney can present evidence of rehabilitation, community involvement, and good conduct to demonstrate that you deserve a fresh start.

Step 6: Court Decision

If the judge grants your application, your record will be officially set aside. The Michigan State Police will update its records, and your conviction will no longer appear in most background checks. The process may take several weeks or months depending on the court’s workload.

Benefits of Expungement

• Employment Opportunities: Many employers conduct background checks. Expungement removes those barriers and allows you to pursue better career opportunities.
• Professional Licenses: A clean record may help when applying for licenses in trades, healthcare, or education.
• Housing: Landlords often deny applicants with criminal convictions. Expungement opens doors to better housing.
• Personal Reputation: Your criminal record can affect your standing in the community. Expungement allows you to rebuild your reputation and move forward with confidence.

For many, this process represents more than just clearing a record—it’s a second chance at life.

Why You Need an Experienced Michigan Expungement Attorney

While the process may sound straightforward, navigating Michigan’s expungement system can be tricky. Every detail matters, from determining eligibility to properly notifying the right agencies.

A knowledgeable attorney can:

• Evaluate your case and confirm eligibility under current laws.
• Prepare your application to ensure accuracy and completeness.
• Communicate with prosecutors and the Attorney General to address objections.
• Represent you at the hearing to present the strongest possible case for expungement.

Even one small mistake can cause significant delays or result in a denial. Working with an experienced Michigan criminal defense lawyer ensures that your petition is handled efficiently and correctly the first time.

If you’re unsure whether your record qualifies for expungement, don’t wait. Contact our office today for a free consultation. Call (734) 453-7806 or reach out online through our website at criminal defense attorney Aaron J. Boria, who has successfully helped many clients clear their records throughout Michigan.

How Long Does Expungement Take?

The entire process usually takes several months. Here’s what to expect:

• Application Preparation: 2–4 weeks to gather necessary documentation and fingerprints.
• Court Filing and Scheduling: 30–90 days before your hearing date is set.
• Hearing and Decision: Depending on the court’s docket, the hearing may take place within 90–120 days after filing.
• Record Update: Once granted, the Michigan State Police and other agencies can take several additional weeks to update their databases.

Although the timeline requires patience, the result—freedom from a lingering criminal record—is absolutely worth the effort.

Common Mistakes to Avoid in the Expungement Process

Minor errors can slow down or completely derail your expungement. Here are some common mistakes people make when applying without legal help:

• Applying for an ineligible offense.
• Failing to serve notice to all required agencies (Attorney General and prosecutor).
• Providing incomplete or inaccurate details on the application form.
• Missing the hearing or failing to present supportive evidence like employment history or letters of character.

Working with an attorney helps avoid these problems and ensures your application is in the best possible shape before submission.

Starting Over After Expungement

Once your record has been cleared, you can legally say you have not been convicted of that crime—except in limited circumstances such as when applying for law enforcement or certain government positions. This opens the door to better jobs, stable housing, and personal growth opportunities that may have been out of reach before.

Most importantly, it removes the stigma often associated with having a record. It’s about more than just paperwork—it’s about your peace of mind and your future. A clean slate is an invitation to rebuild and redefine your story.

Getting Help With Your Michigan Expungement

If you want to begin the new year with a fresh start, now is the time to take action. Michigan’s expungement laws are more favorable than ever—but they can still be complex. Don’t try to navigate it alone.

Attorney Aaron J. Boria has successfully helped countless clients seal their records across Michigan. Whether you have a single misdemeanor or multiple felonies, our team can help guide you through each step of the process.

Call us today at (734) 453-7806 or contact us through our website to schedule your free consultation. We proudly serve Plymouth, Canton, Northville, and communities throughout southeast Michigan.

Conclusion

Expungement in Michigan represents a powerful opportunity for redemption. With the Clean Slate Act expanding eligibility and introducing automatic record sealing, more people than ever can step into a brighter future.

If you’ve been carrying the burden of a past conviction, there’s no better time to act. Take the first step toward the life you deserve—one free from the shadow of your record. Contact our office today at (734) 453-7806 to learn how to begin your Michigan expungement process and truly start the year fresh.