December: The Ultimate Month to Prepare Your Expungement Packet - Discover Why

Understanding Expungement Under Michigan Law

Expungement in Michigan is legally known as a “set aside” of a conviction under Michigan Compiled Laws (MCL) 780.621 and subsequent related statutes. When a conviction is set aside, it is removed from the public record, meaning employers, landlords, and most members of the general public will no longer see it during background checks. However, law enforcement agencies, courts, and certain licensing authorities will still be able to view the record.

There are two main ways an expungement can occur in Michigan today:

• Application-based Expungement: The individual actively applies for an expungement through the court process with the help of an attorney.
• Automatic Expungement (“Clean Slate” Law): For certain non-serious offenses, expungement may occur automatically after a designated waiting period if no additional convictions have been incurred.

Whether you’re eligible under the application process or automatic removal depends on the number, type, and timing of your convictions. It’s always wise to have a qualified Michigan expungement attorney review your record before taking action.

Why December Is the Best Time to Prepare Your Expungement Packet

Timing matters when it comes to legal procedures, and expungement is no exception. December is strategically beneficial for several reasons that can help applicants enter the new year ready to file and succeed.

1. Courts Slow Down Before the Holidays

As the end of the year approaches, Michigan courts often experience lighter dockets. Fewer trials, hearings, and motion days mean more available time for clerks and staff to review your expungement materials quickly. While courts may close for short periods during the holidays, getting your packet prepared in December ensures you’re ahead of the rush that typically follows in January.

2. Annual Administrative Updates

Michigan’s judiciary and law enforcement agencies start the new calendar year by updating databases, schedules, and internal administrative systems. Submitting your application at the start of the year after preparing it in December can help minimize clerical errors and streamline your request as systems reset and new resources are allocated.

3. A Perfect Time for Organization and Reflection

As you reflect on your accomplishments and goals for the next year, December naturally invites preparation and renewal. It’s a time to gather court records, fingerprint cards, and required supporting documents without the interruptions of busy spring or summer schedules. Taking advantage of this lull means your packet will be ready to file as soon as the courts return to normal operating hours in early January.

4. Access to Legal Assistance

Many Michigan law firms, including Boria Law, take time in December to consult with clients planning for expungements in the new year. This ensures your attorney can dedicate time to reviewing your record, identifying eligible offenses, and drafting your paperwork properly without delay. Getting on your lawyer’s schedule before January helps you beat the surge of filings that typically come with the “new year, new start” mindset.

5. Financial and Emotional Readiness

Expungement is both a legal and personal milestone. Preparing in December allows you to plan financially for filing fees, legal representation, and additional documents, all while entering the new year with confidence and determination. Clearing your record can remove barriers to employment and housing, making this preparation month a symbolic and practical step toward self-improvement.

Expungement Eligibility in Michigan: Who Qualifies?

Michigan’s expungement laws have evolved significantly under the 2021 “Clean Slate” initiative, making it easier for more individuals to qualify. Still, the rules can be complex, and eligibility depends on multiple factors.

1. Waiting Period Requirements

Depending on the number and type of convictions, applicants must meet specific waiting periods starting from the date they completed their sentence (including any probation or parole):

• One felony conviction: Must wait at least 5 years.
• Two felony convictions: Must wait at least 7 years.
• Multiple misdemeanors: Must wait at least 3 years.

Importantly, you must not have any pending criminal charges or new convictions during the waiting period.

2. Limitations on Certain Offenses

Some serious offenses cannot be expunged under Michigan law. These include:

• Traffic offenses resulting in death or serious injury.
• Committing or attempting a criminal sexual conduct (CSC) offense of the first, second, or third degree.
• Terrorism-related crimes.
• Life offenses (crimes punishable by life imprisonment).

However, DUI convictions became eligible for expungement in 2021—an important change that has helped thousands of Michiganders begin anew. Only one DUI conviction can be set aside in a lifetime, and certain aggravated OWI cases remain ineligible.

3. Automatic Expungement Criteria

Michigan’s automatic expungement system clears specific offenses without the need for application after a waiting period. Qualifying convictions include:

• Up to two felonies, automatically cleared after ten years.
• Up to four misdemeanors, automatically cleared after seven years.

Automatic expungement only applies if no additional offenses occur during the waiting period, and only for eligible, non-serious crimes. Certain types of offenses, such as those involving assault or dishonesty, still require a formal application.

How to Prepare Your Expungement Packet

Preparing your expungement packet is about accuracy, organization, and attention to detail. A single missing document can delay your case for months. Here’s what every applicant should gather before filing with the court in January:

1. Certified Record of Conviction

Visit or contact the court where your conviction occurred and request a certified copy of your judgment of sentence, probation record, or conviction register. You’ll need one certified copy per conviction you wish to set aside.

2. Fingerprint Card

Applicants must submit a fingerprint card taken by a law enforcement agency. This identifies and verifies your criminal record with the Michigan State Police (MSP) and FBI. It’s a crucial step that ensures your record search matches the correct individual.

3. Michigan State Police Background Report

MSP will return a criminal history report showing all convictions tied to your name and fingerprints. This allows verification of your eligibility. The background report must accompany your packet to confirm your record status.

4. Application Form (MC 227)

The official document for a Michigan expungement is the Application to Set Aside Conviction form (MC 227). This form identifies your convictions and requests that the court set them aside under the appropriate statute.

5. Proof of Rehabilitation (Optional but Recommended)

Although not required, letters of recommendation, community service records, or employment references may strengthen your case. Demonstrating good moral character and evidence of rehabilitation can positively influence the judge’s decision at your hearing.

6. Organize for January Filing

Once you’ve gathered all your materials in December, you’ll be ready to file your completed packet with the correct court in early January. This timing can ensure your petition is one of the first reviewed in the new year—reducing waiting times.

What Happens After You File Your Expungement Petition

Once your packet is filed, the court process begins. Here’s what to expect:

1. Distribution to Agencies

Copies of your application are sent to the Michigan Attorney General’s Office and the prosecuting attorney who handled your original case. Both entities have the opportunity to object or respond to your petition.

2. Court Hearing

The court will schedule an expungement hearing—typically 8 to 12 weeks after filing. During this hearing, your attorney will present arguments in support of your petition, and the prosecutor may raise objections. The judge considers several factors, including:

• The nature and circumstances of the original offense.
• Your behavior and accomplishments since conviction.
• The potential benefit to society by granting the expungement.

3. Court Decision and Record Update

If your expungement is granted, the court issues an order directing law enforcement agencies to remove the conviction from public view. Updates may take several weeks as the Michigan State Police and other databases process your revised record.

Proper preparation not only increases your chances of success but may expedite the timeline. Being ready in December helps you file before backlogs develop in spring.

Why Working With an Experienced Michigan Expungement Attorney Matters

While individuals can pursue an expungement on their own, mistakes are common. Errors in paperwork, incomplete submissions, or misinterpretations of eligibility often result in denials that can delay the process for years. Partnering with an experienced lawyer ensures all requirements are met from the start.

Attorney Aaron J. Boria has extensive experience handling expungement and criminal record set-asides across Michigan. Our office reviews client eligibility, prepares applications, represents clients at hearings, and ensures that all court and law enforcement steps are followed precisely.

If you’re unsure whether your conviction qualifies, call our office at (734) 453-7806 or visit our website at Michigan criminal defense attorney to schedule a free consultation. We will evaluate your case, determine whether you’re eligible under MCL 780.621, and develop a practical plan to file your application correctly.

The Benefits of a Clean Record

Having a conviction set aside offers far more than emotional relief. Practical advantages include:

• Employment Opportunities: Michigan law allows employers to see only unexpunged convictions. Clearing your record can open new doors in professional and skilled trades alike.
• Housing Access: Many landlords conduct background checks, and an expunged conviction will not appear on most reports.
• Professional Licensing: Expungement can improve your standing with licensing boards for healthcare, education, and state-certified professions.
• Personal Growth and Confidence: Leaving your past behind can be life-changing, symbolizing a fresh start and freedom from stigma.

Final Thoughts: Make December Count

Expungement is one of the most powerful tools Michigan offers to help people rebuild their lives. By using December wisely, you can prepare the necessary documents, confirm eligibility, and position yourself to file right after the new year begins. With the “Clean Slate” expansion, more people than ever can move forward without the shadow of a past conviction holding them back.

The process may seem complex, but the outcome—relief, opportunities, and peace of mind—is well worth it. If you or someone you know is considering an expungement, take this as your sign to get started now. Contact Aaron J. Boria at (734) 453-7806 for a free consultation, and let us help you confidently move into 2025 with a clean record and a fresh start.