What is Expungement in Michigan?

Expungement—also known in Michigan as “setting aside” a conviction—is a legal process that clears eligible convictions from your criminal record. Once a conviction is expunged, it is removed from public view, meaning most employers and state licensing agencies will not be able to see it. Law enforcement and courts can still access the record in limited circumstances, but for job and licensing purposes, an expungement offers a clean slate.

In 2021, Michigan enacted one of the most expansive expungement reforms in the country known as the "Clean Slate" legislation. The goal was simple: give more people with past convictions a fair chance at employment, housing, and yes, professional licensing.

Why Does Your Criminal Record Matter for Licensing in Michigan?

In Michigan, professional licenses are issued by various state boards and agencies under the umbrella of the Michigan Department of Licensing and Regulatory Affairs (LARA). Whether you’re applying for a cosmetologist license, a medical license, or anything in between, LARA often looks into your criminal history.

Many Michigan licensing applications ask questions like:

• Have you ever been convicted of a criminal offense?
• Have you pled guilty or no contest to a felony or misdemeanor?
• Have you had a license denied or revoked before due to a criminal matter?

Even if you completed probation or served your sentence years ago, that past conviction can act like an anchor holding you back. Some licensing bodies may flat-out deny your application. Others may require an administrative hearing where you’ll need to explain your record and show that you’ve been rehabilitated.

How Can Expungement Help You Get Licensed?

Here’s the bottom line: once a conviction has been expunged, you’re legally allowed to answer “No” on most applications when asked if you have a criminal record. That in itself is a huge benefit when dealing with LARA or any other licensing board in Michigan.

Licensing boards are not only legally barred from considering expunged offenses, they often don’t even have access to them. This can significantly reduce the number of hurdles you face during the licensing process and boost your chances of approval.

For example, if you’re working to become a Registered Nurse (RN) in Michigan and have an old drug possession conviction, that could result in a denial or long delay in your license application. But if that conviction is expunged, the board will likely never see it, and you’re more likely to get approval without jumping through extra hoops.

Who’s Eligible for Expungement in Michigan?

Not every conviction can be expunged, but the 2021 Clean Slate laws greatly expanded eligibility. Here's a breakdown of who can benefit:

• Most Misdemeanors: Almost all non-traffic misdemeanors are eligible for expungement. The waiting period is typically three years from the completion of your sentence.
• Non-violent Felonies: Many felony convictions are now eligible. Most require a five-year waiting period, but some may require up to seven years depending on the offense.
• Multiple Convictions: You can now expunge up to three felonies and unlimited misdemeanors—previous law only allowed one felony and two misdemeanors.
• Marijuana Convictions: Convictions for conduct that is now legal under recreational cannabis laws can be expunged with no waiting period.

Some convictions are not eligible for expungement, including:

• Crimes punishable by life in prison
• Most traffic offenses, including OWI/DUIs (although the law has made limited exceptions)
• Criminal sexual conduct involving minors

Licensing Agencies Still Have Discretion

It’s important to note that while an expungement can open doors, it doesn’t lock you into an automatic approval. Some Michigan licensing boards have broad discretion in approving or denying applicants. They may consider your overall character, background checks, letters of recommendation, and even social media presence.

However, having no criminal convictions visible—and being able to legally say you’ve never been convicted—makes it far more likely that the board will look at your qualifications rather than your past offenses. It shows you’ve taken steps to turn your life around, which always works in your favor.

Bonus: Expungement Helps with More Than Just Licensing

Getting your record expunged doesn’t just help you get a license—it can help you keep one too. If you currently hold a professional license (like in nursing, real estate, law, childcare, etc.), a brush with the criminal justice system could trigger a review by your licensing board.

If the offense is later expunged, you may be in a better position to maintain your license or restore it if it’s been suspended. That’s why pursuing an expungement isn't just about opening up new opportunities—it's about protecting the ones you already have.

What is the Process to Get an Expungement in Michigan?

The process isn’t necessarily quick, but it’s usually worth it. Here’s a step-by-step overview:

1. Review your record: You or your attorney will need to pull your criminal history to determine what’s on your record and what’s eligible for expungement.
2. File an application: File a “Application to Set Aside Conviction” in the court where the conviction occurred. You’ll need to include fingerprint cards and a certified record of conviction.
3. Serve copies: You must serve copies of the application to the Michigan State Police, the prosecuting attorney, and the Attorney General.
4. Attend a hearing: The court will usually schedule a hearing where you’ll have to show that you meet the eligibility criteria and that expungement is appropriate based on your behavior since the conviction.
5. Get a decision: If granted, the court will issue an order setting aside your conviction. Most courts will forward this to law enforcement agencies, but it’s always smart to follow up to make sure it gets processed correctly.

Depending on your case, an experienced Michigan criminal defense attorney can be crucial to making the process as smooth and successful as possible.

What If My License Was Denied Due to a Conviction?

If your application for a license has already been denied due to a criminal conviction, getting that conviction expunged can be a game-changer. Many state agencies in Michigan allow you to reapply after a denial—especially if your circumstances have changed.

Once your conviction is expunged, you may be able to file a new application with a stronger chance of success. You can also request a rehearing or reconsideration, showing the board that your record has been legally cleared.

Like anything else with the legal system, you’ll want to make sure you’re presenting the best case possible. Letters of recommendation, personal statements, and evidence of rehabilitation (like school transcripts, certificates, or community involvement) can go a long way in showing you’re serious about moving forward.

Real Talk: Does Expungement Guarantee a License?

No, there are no guarantees. Even with a clean public record, licensing decisions are ultimately up to the board overseeing that profession. But statistically, expungement makes a huge difference in whether applicants are given a fighting chance.

At the very least, expungement removes an automatic red flag from your application and puts you on a more equal footing with others applying for the same license.

Need Help Getting an Expungement in Michigan?

If you're looking to improve your chances of getting a professional license in Michigan, don’t let a past mistake stand in your way. An expungement could make all the difference between a denied application and a rewarding career path.

At Boria Law, we’ve helped clients all over the state seal their records and move forward with their lives. Whether your goal is a state-issued license, a better job, or just peace of mind, we can help you figure out the best strategy to qualify and apply for an expungement in Michigan.

Call criminal defense attorney Aaron J. Boria today at (734) 453-7806 for a free consultation, or visit our Michigan criminal defense page to learn more.

Final Thoughts

The road to professional success doesn't have to be blocked by your past. With Michigan’s new Clean Slate laws, more people than ever are eligible to clean up their records—and that can open new doors in licensing, employment, and beyond.

If you've been told “no” because of a prior conviction, now might be the perfect time to reassess your options. An expungement might be your best tool to finally hear “yes.”

There’s never a one-size-fits-all answer when it comes to expungement or licensing, so get the right legal advice before you apply.

You’ve got one life—don’t let your past write the story. We’re here to help you take control of your future.