What is Expungement in Michigan?

Expungement is the legal process of setting aside a criminal conviction so that it no longer shows up on public records. In Michigan, it's officially known as "setting aside a conviction." Once your record is expunged, potential employers, landlords, and even schools cannot see the conviction during background checks, giving you a real shot at a fresh start.

However, expungement doesn't erase your conviction in the eyes of law enforcement or the courts—it just makes it much harder for others to see it. As of April 2021, Michigan passed major reforms that expanded the number of people eligible for expungement under what’s known as the “Clean Slate” law, making it easier than ever for residents to get old charges off their record.

Who is Eligible to Expunge a Criminal Record in Michigan?

Michigan law allows expungement of many felonies and misdemeanors, but certain offenses are excluded, and timing matters. Here are the general eligibility guidelines:

1. Number of Convictions

• You can expunge up to 3 felony convictions and unlimited misdemeanors.
• Only up to 2 assaultive crimes can be expunged in your lifetime.
• Only one felony conviction punishable by more than 10 years can be expunged.

2. Waiting Period

The waiting period starts from the latest of the following: date of sentencing, completion of probation, parole, or release from incarceration.

• 3 years for most misdemeanors
• 5 years for more serious felonies (only one felony)
• 7 years if you have multiple felonies or a combination of felonies and misdemeanors

3. Ineligible Offenses

The following cannot be expunged in Michigan:

• Drunk driving offenses (though a first-time OWI is now eligible under specific conditions)
• Felony domestic violence if you have a prior domestic violence conviction
• Most traffic offenses involving injury or death
• Crimes involving child abuse or sexual assault

If your summer arrest involves one of these categories, it may not be eligible for expungement, but there are always nuances. An experienced expungement attorney can help you determine your eligibility.

How to Expunge a Criminal Record in Michigan: Step-by-Step

Clearing your criminal record isn’t automatic—you must apply for it. Here’s a breakdown of the process:

Step 1: Obtain Your Criminal Record

Start by getting a copy of your criminal record through the Michigan State Police Internet Criminal History Access Tool (ICHAT) or the court where you were convicted. You’ll need this to confirm your eligibility and know exactly what’s on your record.

Step 2: Determine Eligibility

Review Michigan’s expungement guidelines or consult with a lawyer to verify that your convictions are eligible. Mistakes here can result in a denied application, so don’t skip this step.

Step 3: Complete the Application to Set Aside Conviction

Fill out Form MC 227—Application to Set Aside Conviction—and include the following:

• A complete set of fingerprints (can be taken at your local police department)
• Certified copies of the judgment of sentence or register of action from the court
• A $50 fee payable to the State of Michigan

Step 4: Serve Copies to Required Agencies

You must mail a copy of your application and fingerprints to these recipients:

• Michigan State Police
• The Attorney General of Michigan
• The prosecuting attorney of the county or city where you were convicted

Each agency has 60 days to respond with any objections.

Step 5: Schedule a Court Hearing

File the applications with the court and request a hearing. That hearing will be in the court where your original conviction occurred.

During the hearing, you’ll explain to the judge why your record should be expunged. It’s your job to show evidence of rehabilitation and good behavior since the offense.

Step 6: Attend the Hearing

This is your chance to speak directly to the judge. They may ask questions about your offense, your life since, and why you’re seeking expungement. Having legal representation is often the difference between success and a denied petition.

Step 7: Await Decision

If the judge grants your petition, congratulations! The conviction will be officially set aside, and your record will be updated. If denied, you may have to wait 3 years before applying again.

What About Michigan’s Automatic Expungement?

As of April 11, 2023, the Clean Slate law launched Michigan's automatic expungement program. Here’s what you need to know:

• Automatically expunged: Up to 2 felony convictions after 10 years and up to 4 misdemeanors after 7 years—if you haven't been convicted of any other crimes during that time.
• Does not require an application: No paperwork, no hearing—just check your record after the eligibility window closes.
• Limitations: Not all convictions are eligible. DUI, assault, and other offenses require a formal application.

If your summer arrest was your only offense, and enough time passes, it may come off your record automatically. But if you want it gone sooner—or need to expunge an ineligible auto-offense—you’ll need to go through the formal process.

Why Should You Expunge Your Record?

The benefits of record expungement can be life-changing. Here’s what you gain:

• Employment opportunities: Many background checks will no longer show the expunged conviction.
• Housing options: Landlords may be more likely to approve your rental application.
• Peace of mind: You no longer have to fear that one mistake will haunt you forever.
• Restoration of reputation: Especially important if your offense was relatively minor or non-violent.

Having a clean record can open doors you didn’t even know were closed. Whether it's pursuing professional licenses, adopting a child, or traveling internationally, expungement clears your path forward.

Why You Need an Expungement Lawyer

While you can file for expungement on your own, the process can be technical and full of pitfalls. Having an experienced Michigan criminal defense lawyer significantly improves your chances of success. A lawyer can help with:

• Determining eligibility
• Gathering paperwork and documentation
• Filing court documents correctly
• Building a persuasive case for your hearing
• Responding to objections from prosecutors

If your record holds you back, it’s time to do something about it. Don’t take the chance of doing it incorrectly and getting denied. Call criminal defense attorney Aaron J. Boria at (734) 453-7806. We help Michigan residents get their lives back, and we want to help you too.

Conclusion

Your summer arrest doesn’t have to define the rest of your life. Michigan law provides a path to a clean slate through expungement, whether you’re eligible for automatic or need to go through the formal petition process. The key is taking action—and the sooner, the better.

Every situation is unique, and the process can be confusing. Let us be your guide. To find out if you qualify for expungement and to have an expert by your side, contact Aaron J. Boria. Call (734) 453-7806 for a free consultation, and let's talk about what’s possible.

We’re here to help you clear your record and reclaim your future. For more information about our legal services and how we can defend your rights in Michigan.