What is Expungement in Michigan?

Expungement in Michigan, often referred to legally as "setting aside a conviction," is the process by which your criminal conviction is removed from public record. Once your record is expunged, you are legally allowed to state that you were never convicted of the crime. That means if you are applying for a job or a lease, you can lawfully say that you have no convictions—assuming all eligible ones have been expunged.

Michigan recently expanded its expungement laws with the Clean Slate legislation, which took effect on April 11, 2021. These changes have made it easier for more people to clear their records—some even automatically.

What is Sealing a Record in Michigan?

While the terms are sometimes used interchangeably, sealing a record and expungement are not the same in Michigan. Sealing typically refers to making a record inaccessible to the public, though it may still exist and be visible to law enforcement, courts, and certain government agencies.

In Michigan, there are specific situations where a record might be sealed, such as when you’re placed on the Holmes Youthful Trainee Act (HYTA) or in cases involving juvenile offenses. These records are hidden from public view unless you fail to fulfill the terms of your probation or plea agreement, at which point they may become public again.

Expungement vs. Sealing: The Key Differences

Let’s go over the critical differences between expungement and sealing so you can understand which might apply to your situation:

• Visibility: Expunged records are removed from the public accessible criminal history, and you are legally considered not to have a conviction. Sealed records are simply hidden from the public view but still exist and may be viewed by certain entities.
• Eligibility: Expungement now applies to more types of offenses due to the Clean Slate laws, including some felonies. Sealing usually applies to cases handled under specialized statutes like HYTA or juvenile delinquency cases.
• Automatic Processes: Some expungements in Michigan occur automatically, particularly for certain misdemeanors, after seven years without another conviction. Sealing is typically not automatic and usually requires a judge’s discretion or successful completion of a program.
• Legal Effect: Expungement legally erases the conviction for most purposes; sealing doesn’t completely hide the record from everyone.

Ultimately, expungement is the more powerful option if you qualify, offering significant relief from the burdens of a criminal record.

Am I Eligible for Expungement in Michigan?

The changes to Michigan’s laws significantly expanded eligibility for expungement. Here’s what you need to know:

• Felonies: You may expunge up to three felonies (except for some serious crimes such as murder or criminal sexual conduct).
• Misdemeanors: All but certain traffic offenses and serious crimes may be eligible. You may now expunge an unlimited number of eligible misdemeanors.
• Waiting Period: Depending on the nature of your conviction, the wait time ranges between 3 to 7 years after completing your sentence or probation/parole.
• Automatic Expungement: As of April 2023, some misdemeanor offenses may be automatically expunged after a 7-year waiting period and certain felonies after 10 years, provided there are no new charges.
• Marijuana-related Convictions: Simple marijuana possession convictions may be expunged and often receive expedited consideration due to changes stemming from legalization.

It’s worth noting that some crimes are not eligible for expungement, including any crimes punishable by life in prison, criminal sexual conduct (CSC) offenses in most cases, and some traffic offenses like operating a vehicle while intoxicated causing serious injury or death.

What About Juvenile Records?

Michigan treats juvenile records differently—and often more leniently—than adult records. In many cases, juvenile adjudications (the juvenile equivalent of a conviction) do not count as a criminal record and are already hidden from public view.

In 2021, the Clean Slate laws also improved the process of expunging juvenile records. In most cases, a court must automatically expunge an eligible juvenile record two years after the juvenile turns 18 or when the sentence is completed—whichever happens later.

HYTA and Sealing for First-Time Offenders

The Holmes Youthful Trainee Act (HYTA) is a powerful program available to individuals between the ages of 17 and 26 (with consent from the prosecutor if older than 21). If the court accepts your plea into HYTA, your case will be handled privately, and your conviction will not be placed on your public criminal record, assuming you successfully complete the program.

Note that HYTA is not an expungement; it is a sealing process available at the discretion of the court and prosecution. The record still exists but is hidden from most background checks done by the public. HYTA is often used in cases involving minor theft, drug possession, or even assault if the circumstances support a lenient outcome.

Why Does Record Clearance Matter?

An expunged or sealed record can be life-changing. Here’s how clearing your record can help:

• Employment: Employers who run background checks will no longer see the expunged conviction, allowing you access to better opportunities.
• Professional Licensing: Certain professions such as nursing, real estate, and law require clean records or explanations of past convictions. Record clearance can remove roadblocks.
• Housing: Many landlords and leasing companies won’t rent to people with felony records. This can open doors you didn’t even realize were closed.
• Peace of Mind: Knowing that your past won't continue to haunt your future can provide a sense of freedom and closure.

How to Apply for Expungement in Michigan

The process of applying for expungement has been streamlined but still involves multiple steps. Here’s a general overview:

1. Get a Copy of Your Record: You’ll need to obtain certified copies of your conviction from the court and a fingerprint card to begin the application process.
2. Complete the Application: Fill out the form to set aside your conviction, available on the Michigan State Police or judiciary websites.
3. Submit Your Application: File the application with the court that handled your original case and serve copies to the Michigan State Police, Attorney General, and the prosecutor involved.
4. Schedule a Hearing: The court will set a hearing where a judge will consider whether to grant the expungement. This is where it’s especially important to have experienced legal help on your side.

Timing, documentation, and understanding the details of your case are critical. Errors in your application can delay or deny your chance at a clean slate.

Need Help With Expungement or Sealing in Michigan?

Navigating Michigan’s legal system can feel overwhelming—especially when you’re trying to rebuild your life. At Boria Law, we understand how much your future depends on clearing your record, and we’ve helped countless clients throughout Michigan achieve just that. Whether you're pursuing expungement, sealing through HYTA, or automatic expungement, we can help.

Call Michigan criminal defense attorney Aaron J. Boria today at (734) 453-7806 for a free consultation. If you're in Plymouth or anywhere in Southeast Michigan, having the right lawyer on your side can make the difference between walking away with a clean slate—or continuing to be held back by your past.

Conclusion

Michigan's Clean Slate laws have given new hope to thousands of people who thought their past convictions would haunt them forever. Whether you're eligible for expungement or sealing under HYTA or juvenile rules, the benefits are clear—greater job opportunities, improved housing options, and the dignity of putting the past where it belongs.

If you’re not sure where to start, don’t wait. Contact an experienced criminal defense attorney who understands Michigan’s expungement laws and can guide you every step of the way. Call Aaron J. Boria at (734) 453-7806 and take the first step toward a fresh start.

Your past shouldn’t define your future—and with Michigan’s new laws, it doesn’t have to.