Expungement in Michigan: Clear Your Criminal Record Before Summer Hiring Starts

What is Expungement in Michigan?

Michigan law allows certain criminal convictions to be set aside, meaning they are no longer visible to the public on your criminal record. This process is called expungement. Once a conviction is expunged, it will not appear in most background checks, giving you a clean slate for employment, housing, or education opportunities.

Even though expunged charges are removed from public view, they are not entirely erased. Law enforcement and the courts can still see expunged convictions, which can matter for future prosecutions or sentencing decisions. However, for most practical purposes—such as getting a job, renting an apartment, or applying for school—an expunged record gives you a fresh start.

Recent Changes to Michigan’s Expungement Laws

Michigan has been at the forefront of criminal justice reform, and one of the most significant changes came through what’s known as the Clean Slate Initiative. This group of laws, passed in 2020 and implemented in stages through 2023, expanded the types of convictions eligible for expungement and simplified the steps for getting relief.

Key Highlights of the Clean Slate Laws:

• Automatic Expungement: As of April 2023, certain misdemeanor and low-level felony convictions are automatically set aside after a waiting period—seven years for eligible misdemeanors and ten years for eligible felonies—without having to file an application.
• More Convictions Can Be Cleared: Previously, only one felony and two misdemeanors could be set aside. Now, individuals may be eligible to expunge up to three felonies and an unlimited number of misdemeanors, depending on the circumstances.
• Increased Access for Marijuana Offenses: After legalization, convictions for activities that are now legal under Michigan marijuana laws can be expunged more easily, often through an expedited process.
• Shorter Waiting Periods: The waiting periods before eligibility have been reduced for many offenses. For example, most misdemeanors now have a three-year waiting period, and most felonies have a five-year waiting period.

These changes mean that thousands of Michiganders who were previously ineligible for expungement now have a chance to move forward with a clean slate.

Am I Eligible for Expungement in Michigan?

Eligibility depends on the type and number of convictions you have, how long ago they occurred, and whether any pending charges or recent convictions exist. Let’s break down the main categories.

General Eligibility Rules

• Felonies: You can apply to have up to three felony convictions set aside, but no more than two assaultive crimes or crimes punishable by life imprisonment can be included.
• Misdemeanors: There’s no cap on the number of misdemeanors that can be expunged, as long as the total number of convictions doesn’t exceed the limits for expungement eligibility.
• Waiting Periods: The waiting period begins after completing your sentence, including probation, parole, or any jail time. The length varies depending on the type of conviction:
  • 3 years for most misdemeanors
  • 5 years for serious misdemeanors or one felony
  • 7 years if you have multiple felonies
• No New Convictions: You cannot have any new criminal convictions during the waiting period.

Convictions That Cannot Be Expunged

Not every crime is eligible for expungement. The law excludes certain types of serious offenses, such as:

• Crimes punishable by life imprisonment (e.g., murder, armed robbery)
• Most criminal sexual conduct (CSC) offenses
• Terrorism-related offenses
• Traffic offenses involving death or serious injury
• Operating While Intoxicated (OWI) offenses that caused serious injury or death

That said, Michigan law now allows certain OWI convictions to be expunged once in a lifetime. This new rule has helped many individuals who made a single mistake but have demonstrated years of good behavior since.

Why Clearing Your Record Matters Before Summer Hiring Season

Employers across Michigan perform background checks on potential employees. Even old or minor convictions can cause problems in the hiring process. With the summer job rush approaching, taking steps to clear your record now can dramatically improve your chances of landing the position you want.

Here’s why timing matters:

• Businesses—especially in hospitality, retail, and construction—tend to hire heavily between April and June.
• Expungement can take several months to complete, depending on the complexity of your record and the court’s schedule.
• Having your record cleared before applying allows you to confidently answer “No” when asked about prior convictions (except where the law requires disclosure).

Beyond job applications, clearing your record can help you in other areas of life:

• Professional Licensing: Certain professions, like nursing, real estate, or teaching, require clean background checks.
• Housing Opportunities: Landlords often reject tenants with prior convictions. Expungement can open doors to better housing.
• Personal Peace of Mind: Knowing your record is clean can lift a huge emotional burden.

The Expungement Process in Michigan (Step-by-Step)

Even with recent reforms, the expungement process can be complex. While some people qualify for automatic expungement, others will need to apply through the Michigan courts. Here’s a breakdown of how it works.

Step 1: Gather Your Criminal Record

You’ll need an official copy of your criminal history from the Michigan State Police’s Internet Criminal History Access Tool (ICHAT), along with certified copies of your convictions from the court where the cases were handled.

Step 2: Determine Eligibility

Review your record to see which convictions qualify under Michigan’s laws. This step is crucial because applying for an ineligible offense can delay the process. At this point, many people choose to consult a criminal defense lawyer who focuses on expungement law for guidance.

Step 3: Complete the Application

The application to set aside a conviction is filed with the court where the conviction occurred. You must include identifying information, the conviction you want set aside, and a statement explaining why you deserve expungement.

Step 4: Fingerprint Submission and Notification

Before the court hears your case, you must submit your fingerprints to the Michigan State Police and notify the Attorney General and local prosecutor’s office. They have the right to object to your request within a specific timeframe.

Step 5: The Hearing

If the prosecutor objects—or if the judge schedules one—you will attend a hearing where your attorney can argue in favor of your expungement. The judge considers factors such as your behavior since the conviction, your need for relief, and your community involvement.

Step 6: The Judge’s Decision

If approved, the court issues an order to set aside the conviction. The Michigan State Police update your record, and the conviction is no longer visible to the public. If denied, you may be able to reapply later, depending on the circumstances.

How Automatic Expungement Works

The new automatic expungement process, launched in April 2023, was intended to help thousands of eligible individuals without them needing to take any action. However, it's important to understand that not every eligible conviction will be automatically cleared right away. Data errors, record mismatches, or eligibility thresholds may cause delays or omissions.

If you believe your record should have been automatically expunged but isn’t, it’s worth consulting an attorney to confirm your eligibility and potentially file a traditional application.

Expungement and Employment Background Checks

In Michigan, once a conviction is expunged, it will not appear on public background checks used by employers. That means when summer hiring season starts, having your record sealed can make a significant difference in whether or not you get a job offer.

However, keep in mind that:

• Expunged convictions may still appear in certain government background checks for positions involving law enforcement or security clearance.
• Private employers cannot access sealed records through normal background check databases.
• If asked about past convictions, you are legally entitled to say “no,” unless the position requires disclosure under Michigan law.

Why You Should Hire a Michigan Expungement Lawyer

While the expungement process may seem straightforward, the technical requirements can be demanding. Missing paperwork, filing errors, or eligibility misunderstandings can result in delays or denials. Having an experienced Michigan criminal defense attorney can make the difference between getting your record cleared quickly or being stuck in the system for months.

An attorney will:

• Determine your exact eligibility and identify all convictions that may qualify
• Handle the application process and filings with the correct courts
• Communicate with prosecutors and state agencies on your behalf
• Represent you at the hearing and argue why the court should grant your expungement

If you’re serious about getting your record cleared before the job market heats up, don’t wait. Call criminal defense lawyer Aaron J. Boria today at (734) 453-7806 for a free consultation. You can also learn more about our work and approach by visiting our criminal defense page.

Get Help Clearing Your Record Today

If you’re ready to move forward with your life, now is the time. The window before summer hiring begins is the best opportunity to start the expungement process so you can take advantage of upcoming employment opportunities.

Call Aaron J. Boria at (734) 453-7806 today to schedule a free consultation. Our office helps clients throughout Michigan restore their good name and future through expungement. We have successfully helped people across the state clear old misdemeanors, felonies, and even certain OWI convictions.

Don’t let past mistakes define the rest of your life. Take control, take action, and let us help you build the future you deserve.

Conclusion

Michigan’s expungement laws offer real second chances. Whether you were convicted of a misdemeanor years ago or a minor felony that’s haunted you ever since, the law now recognizes that people can change. By acting today, you position yourself for success—both professionally and personally—before the summer hiring season begins.

Talk to an experienced attorney who understands Michigan expungement law and can guide you through the process. Remember, expungement doesn’t just clear your record—it opens new doors, builds confidence, and gives you a fresh start.

For help with expungement, call (734) 453-7806 or contact Aaron J. Boria, Michigan criminal defense lawyer, today.