What is Expungement Under Michigan Law?

Expungement, also known as "setting aside" a conviction, legally removes a criminal offense from your public record. While law enforcement and some agencies may still be able to see the record, it won't be visible in most background checks. This can open the doors to better employment opportunities and peace of mind.

In April 2021, Michigan overhauled its expungement laws through the "Clean Slate Law." These updates expanded eligibility and created an automatic expungement process for certain convictions. But if your case doesn’t qualify for automatic expungement—or you’d rather not wait—it’s still possible to apply manually through the courts.

Who Is Eligible for Expungement in Michigan?

Before gathering your documents, first determine whether you're eligible. Generally, the following guidelines apply:

• Up to three felony convictions may be expunged (limited to no more than two convictions for the same felony offense).
• Unlimited misdemeanors may be expunged in most cases—but there are exceptions.
• Waiting periods apply: typically 3, 5, or 7 years from the completion of your sentence, depending on the conviction type.

Some offenses—including assault with intent to commit criminal sexual conduct, crimes punishable by life in prison, and certain traffic offenses like DUI—are not eligible for expungement. Always check the latest law or consult a qualified attorney to verify your eligibility.

Essential Documents for a Michigan Expungement Application

If you're eligible and ready to apply, here’s a detailed look at the documents you need for a successful expungement application in Michigan.

1. Certified Record of Conviction

This is one of the most important documents in your packet. You must get a certified record of each conviction you are seeking to expunge. These are available from the court where you were convicted—whether it was a district or circuit court. Contact the court clerk, ask for a certified copy, and expect to pay a small fee (usually around $10 per copy).

2. Application to Set Aside Conviction (Form MC 227)

This is the core application form required by the Michigan State Court Administrative Office (SCAO). It must be filled out completely and accurately. The form requires details such as:

• Your full legal name and contact info
• The court location and case number of your conviction
• The charges you are requesting to be expunged

You can download the MC 227 form from the Michigan Courts website.

3. Fingerprint Card (RI-008)

A completed fingerprint card is required to confirm your identity and criminal history. You must go to a local law enforcement agency or authorized fingerprinting location. Let them know it’s for an expungement, and they’ll use the correct form (RI-008). Bring valid photo ID and expect to pay a fee (usually between $15–$20).

4. Affidavit of Eligibility

Some jurisdictions require you to include an affidavit (a sworn statement) confirming your eligibility under Michigan law. This is signed in the presence of a notary and includes a declaration that you have reviewed your criminal history and believe you meet the legal requirements for expungement.

5. Proof of Payment (Filing Fee or Waiver)

Unlike some states, Michigan does not charge a state filing fee for expungement—but you may need to pay for certified copies, fingerprinting, and mailing costs. If you're indigent, you may request a fee waiver using SCAO-approved forms.

6. Copy of Your ID

Include a clear copy of a government-issued photo ID, such as your driver's license, to prove your identity.

7. Certificate of Completed Sentence Requirements (Optional but Helpful)

Although it’s not required, including documentation that shows you completed all sentence requirements (e.g., probation, community service, payment of fines) can strengthen your application. Call your probation officer or original court for info.

8. Letters of Support and Personal Statement (Optional)

Some applicants choose to include character references and a personal statement. While it’s not required by law, it can help humanize your file before the judge. Good sources include employers, mentors, clergy, or community leaders who can vouch for your rehabilitation and growth.

Where and How to Submit Your Expungement Application

Once you’ve gathered your documents, follow these steps:

1. Make multiple copies: You'll need at least one original and several copies of everything.
2. Mail documents: Send your application to the Michigan State Police (MSP) for a background check BEFORE filing with the court. Include your fingerprint card.
3. Wait for results: The MSP will mail the result of its background check to the court—and one copy to you.
4. File with the court: Once you receive your own copy of the MSP report, you can file all documents (including the MC 227) with the court where you were convicted.
5. Serve Prosecuting Agencies: You must send copies of your application, fingerprint card, and police report to:
   • The Michigan Attorney General
   • The Prosecutor’s Office in the court’s jurisdiction
   • Michigan State Police

Keep all receipt confirmations and postmarks for your records.

What to Expect at Your Expungement Hearing

Once everything is filed and the appropriate agencies are notified, the court will schedule a hearing. This is your chance to personally appear before a judge and explain why your conviction should be expunged. Be prepared to discuss what you've done since your conviction, what you've learned, and what your future goals are.

If you’ve compiled strong documents—including support letters, evidence of completed sentence requirements, and proof of rehabilitation—you’ll be in a much stronger position at the hearing.

Prosecutors and the Attorney General’s office may oppose the request. That’s one reason why having a skilled attorney by your side can make or break your petition's success.

Need Help With Expungement in Michigan?

The paperwork can feel overwhelming—and the consequences of doing it wrong are real. If you’re unclear about which documents you need, how to prepare them, or how to argue your case at a hearing, don’t go it alone. Help is just a phone call away.

Criminal defense lawyer Aaron J. Boria has handled expungements all across Michigan, with a strong track record of success. Our office offers personalized assistance to guide you through the process from start to finish.

Call (734) 453-7806 today for a free consultation with an experienced Plymouth expungement attorney who can help you get your life back on track.

Or visit our criminal defense homepage for more information about how we can assist with expungement cases.

Conclusion

Expunging a criminal conviction in Michigan can change your life—but only if you do it right. The process is paperwork-heavy and detail-sensitive, but with the proper documents, preparation, and a solid legal strategy, you’ve got a real shot at clearing your record for good.

Gather your records carefully, complete the correct forms, and consider including references and a personal statement to strengthen your application. Most importantly, don’t hesitate to contact a skilled attorney to make sure your petition proceeds smoothly. You deserve a fresh start—and we’re here to help you get it.