Clear Your Record Before the New Year: Understanding Michigan Expungement Timelines

What Is Expungement in Michigan?

Expungement — officially called “setting aside a conviction” under Michigan law — is a legal process that removes a conviction from your public criminal record. Once a record is expunged, it doesn’t completely vanish; law enforcement and certain government agencies will still have access to it, but for most employers, landlords, and background checks, that record will no longer appear. This can have a major impact on job prospects, housing options, and peace of mind.

For decades, Michigan had a very limited expungement process. However, in April 2021, a major reform known as the “Clean Slate” laws took effect, dramatically expanding eligibility and simplifying the process for thousands of people. The changes included allowing more convictions to be expunged, shortening waiting periods for some offenses, and even creating an automatic expungement process for certain convictions.

Who Is Eligible for Expungement in Michigan?

Michigan law now allows many people to apply for expungement — including those with multiple convictions — but eligibility depends on the type and number of offenses involved.

General Eligibility

• You may petition to set aside up to three felony convictions and unlimited misdemeanors, but only up to two “assaultive crimes” may be expunged.
• Certain crimes, such as life offenses or those punishable by life imprisonment, cannot be expunged.
• Traffic offenses are generally eligible, including first-time OWI (Operating While Intoxicated) convictions.
• Crimes involving minors, sex offenses, or human trafficking have special rules or restrictions.

Even if you are eligible, timelines play a critical role. Michigan law sets out specific waiting periods before you can apply for expungement, depending on your convictions.

Michigan Expungement Timelines

Knowing when you’re eligible to file is one of the most important parts of clearing your record. Michigan law outlines different waiting periods depending on the type and number of convictions on your record.

Waiting Periods After Your Conviction

• One felony conviction: You must wait at least five years from the later of your conviction date or release from incarceration, probation, or parole.
• Multiple felony convictions (up to three): You must wait seven years from the completion of your sentence or probation period.
• One or more serious misdemeanors: A five-year waiting period applies.
• Multiple non-serious misdemeanors: You must wait three years from the date your sentence was completed.

The countdown begins once your probation, jail time, parole, or any other court-ordered supervision ends — not from the conviction date itself. If you violate probation or pick up new charges during your waiting period, your eligibility may be delayed further.

Automatic Expungement Timelines

Michigan’s Clean Slate laws introduced automatic expungement for certain convictions. This means qualified offenses are automatically set aside without the person needing to apply.

• Eligible misdemeanors are automatically expunged after seven years if no new convictions occur.
• Eligible non-assaultive felonies are automatically set aside after ten years.
• The automatic process does not include assaultive crimes, felonies involving a serious injury or death, or any crime of dishonesty involving a vulnerable adult, child, or government.

Automatic expungement is scheduled nightly in the Michigan State Police records database. However, keep in mind that not all eligible records are processed immediately, and the system continues to evolve. If your conviction doesn’t automatically fall off your record, you may still need to file a petition manually.

The Expungement Process Step by Step

For those seeking to actively clear their record before the new year, following the correct process is essential. While automatic expungement is convenient, most people still need to go through the official application process, which involves the Michigan courts and state agencies.

1. Order Copies of Your Criminal Record

First, obtain a copy of your criminal record from the Michigan State Police’s Internet Criminal History Access Tool (ICHAT). You’ll also need to collect certified conviction records from the court where your case was heard.

2. Complete the Application to Set Aside Conviction

The form used for expungement is available through the Michigan Courts website. It requires accurate details of each conviction you’re requesting to have set aside.

3. Obtain Fingerprints

Michigan requires you to submit a fingerprint card to verify your identity. You can be fingerprinted at a local police department or authorized fingerprinting agency. A copy of these prints must be sent to the Michigan State Police.

4. Submit the Application and Serve the Agencies

Once your forms are complete, they must be filed in the circuit or district court where you were convicted. You must also send copies to the Michigan Attorney General’s Office and the local prosecutor’s office. These agencies have the right to object or provide input to the court.

5. Schedule and Attend the Hearing

The court will set a hearing date, typically within several months of filing. At the hearing, a judge reviews your request and considers factors such as your behavior since the conviction, the seriousness of the offense, and any objections filed. If all goes well, the judge grants the order to set aside your conviction.

6. Update to State and Local Records

After the judge signs the expungement order, it is transmitted to the Michigan State Police and the arresting agency. Processing can take several weeks. Once the record is updated, the conviction will no longer appear in public background checks.

Common Reasons for Expungement Delays

While the process is straightforward on paper, practical factors can delay the timeline:

• Missing or inaccurate documentation: If your application is incomplete or lacks proper verification, the court may return it for corrections.
• Backlogs at the Michigan State Police or courts: High demand since the Clean Slate changes means longer processing times in some counties.
• Prosecutor objections: Some cases trigger objections due to prior history or seriousness of the offense, which can lead to contested hearings and extended timelines.
• Failure to meet waiting period requirements: Even if only a few weeks short, courts will typically deny a petition if filed before the statutory timeframe ends.

Working with an experienced criminal defense lawyer can save weeks or even months by ensuring your petition is filed correctly and backed by complete, accurate information.

The Benefits of Expungement

Once your conviction has been set aside, the difference can be life-changing. An expunged record helps you move forward without the stigma or barriers that come with a criminal history.

• Improved employment options — Employers and licensing agencies won’t see expunged convictions on background checks.
• Better housing opportunities — Landlords frequently rely on criminal history screenings before accepting tenants.
• Access to education and financial aid — Some programs and scholarships disqualify applicants with prior convictions.
• Peace of mind — Knowing your record is clear allows you to focus on your future on your own terms.

Many clients describe expungement as a literal “fresh start.” For those looking to turn over a new leaf before the new year, it’s worth investing time now to understand the process and make sure you meet all requirements.

Michigan’s Clean Slate Law: Key Updates and Impact

Michigan’s Clean Slate law, enacted in 2020 and implemented starting in 2021, was one of the most comprehensive criminal record reforms in the country. Its goal was simple: make it easier for deserving people to move forward after paying their debt to society. The law has three major components that affect expungement timelines:

1. Broader Eligibility for Multiple Convictions

Where previously you could only have a single conviction expunged, Clean Slate allows most people with up to three felonies and unlimited misdemeanors to qualify. More convictions mean more opportunities to rebuild your life.

2. Shorter Waiting Periods

The waiting periods were reduced from as long as ten years down to three, five, or seven years depending on your conviction type. This change alone helped thousands of eligible citizens file for expungement much sooner than before.

3. Automatic Expungement System

As discussed earlier, Michigan’s automatic system has started removing eligible low-level convictions from people’s records without the need to apply. However, it will take time for all records to be processed and updated, so it’s still worthwhile to manually petition if you’re eligible and ready now.

Why Work with a Michigan Expungement Attorney?

Although expungement forms are publicly available, navigating the legal requirements can be intimidating. Errors or misunderstandings about eligibility often result in denials — delaying your clean slate even longer. A skilled attorney experienced in Michigan expungement law will:

• Review your record to confirm which convictions qualify for expungement or automatic clearing.
• Calculate precise eligibility timelines based on sentencing or probation completion dates.
• Gather supporting evidence showing good conduct and rehabilitation since the conviction.
• Prepare and file all required documents, ensuring accuracy and compliance with all court rules.
• Represent you at your hearing and respond to any objections from prosecutors or state agencies.

Expungement is a life-changing opportunity — but only if it’s done right the first time. An attorney ensures you maximize your eligibility and minimize the risk of delay.

If you’re considering filing before the new year, contact Michigan criminal defense lawyer Aaron J. Boria today. Call (734) 453-7806 or visit Michigan expungement attorney to get started with a free consultation. Boria Law has successfully handled expungements across Wayne County, Oakland County, Washtenaw County, and beyond, helping people clear their records and move forward with confidence.