Expunging Theft and Retail Fraud Convictions in Michigan: A Case Study on Unlocking Employment Opportunities

Understanding Theft and Retail Fraud Convictions in Michigan

Michigan law recognizes several types of theft-related offenses. The severity of a theft charge depends on the value of the property taken and other factors like prior criminal history. Common theft-related offenses include:

• Larceny: Taking someone else’s property without permission and with the intent to permanently deprive them of it. This can range from misdemeanor larceny (property under $1,000) to felony larceny (property over $1,000).
• Retail Fraud: Often referred to as shoplifting, retail fraud involves stealing or attempting to steal from a store. Michigan classifies it in three degrees:
• First-Degree Retail Fraud (Felony): Theft of merchandise valued at $1,000 or more, or where the defendant has prior theft-related convictions.
• Second-Degree Retail Fraud (Misdemeanor): Theft involving merchandise valued between $200 and $1,000.
• Third-Degree Retail Fraud (Misdemeanor): Theft under $200.

Even though third-degree retail fraud may seem minor compared to other crimes, having it on your record can cause major issues. Employers often view any theft-related crime as a red flag for trustworthiness—making expungement an essential step toward rebuilding opportunity.

Michigan’s Expungement Law: The Clean Slate Act

In April 2021, Michigan enacted the Clean Slate Act, a set of laws designed to make expungement more accessible. The law allows for the sealing of certain misdemeanors and felonies, giving individuals an opportunity to move past old mistakes. Key features of the Clean Slate Act include:

• Automatic Expungement: Some misdemeanors and non-assaultive felonies can be automatically expunged after a certain number of years, without filing a formal application.
• Petition-Based Expungement: For other eligible convictions (including many theft and retail fraud offenses), a person must apply directly to the court for expungement.
• Expanded Eligibility: The law allows individuals to set aside more convictions than before—up to three felonies and an unlimited number of misdemeanors, as long as eligibility rules are met.

Michigan Compiled Laws (MCL) 780.621 outlines the expungement process in detail. Under this statute, a person can apply to have a criminal record set aside if specific time limits and conduct requirements are met. Once set aside, the conviction is no longer publicly accessible, which means employers conducting background checks through standard databases will no longer see it.

Eligibility to Expunge Theft and Retail Fraud Convictions

To be eligible to expunge a theft or retail fraud conviction, you must meet Michigan’s statutory requirements. These include:

• Waiting Period: Typically, you must wait three, five, or seven years after your last conviction, sentence completion, or release from incarceration—depending on the nature of the offense.
• No Pending Charges: You cannot have any pending criminal cases at the time of applying.
• Limited Felony History: You cannot expunge more than three felony convictions, and some serious felonies (such as those punishable by life imprisonment) are excluded.
• Non-Violent Offenses: Most theft and retail fraud offenses are considered non-assaultive, which increases the likelihood of eligibility.

For retail fraud, especially first- and second-degree cases, eligibility often depends on whether restitution has been paid and whether subsequent crimes have occurred. Courts look favorably on those who have demonstrated good moral character and maintained clean records following conviction.

Case Study: Expunging a Retail Fraud Conviction in Wayne County

To understand how expungement works in practice, consider a client recently represented by criminal defense lawyer, Aaron J. Boria, in Wayne County. The client, a young professional, had a second-degree retail fraud conviction from a mistake made nearly a decade earlier. Though the client had since completed college, held steady employment, and built a family, that one conviction continued to limit career opportunities—especially in fields requiring background checks.

Step 1: Reviewing Eligibility

The first step was confirming eligibility under Michigan’s expungement law. Because the conviction was for a non-assaultive misdemeanor, more than five years had passed since sentencing, and the client had no additional criminal record, all eligibility requirements were satisfied.

Step 2: Preparing the Petition

With eligibility confirmed, we filed a formal Application to Set Aside Conviction under MCL 780.621. This included certified copies of the conviction, fingerprints, and a statement describing the circumstances of the original offense and the client’s progress since then. Testimonials from employers and community members helped demonstrate rehabilitation and good character.

Step 3: Prosecutor’s Response and Hearing

The Wayne County Prosecutor had an opportunity to review and respond to the petition. In this case, there were no objections. At the hearing, we presented the application to the judge, emphasizing how expungement aligned with the spirit of the Clean Slate Act—rewarding those who had demonstrated responsible behavior and community involvement.

Step 4: Court’s Decision

The judge granted the expungement. Within weeks, the record was sealed, meaning the conviction no longer appeared in standard background checks. The client, once hindered by the conviction, was free to apply for new employment without fear of rejection due to past mistakes.

The result was life-changing. The client soon secured a position with a major Michigan employer—something that would have been nearly impossible before expungement. The Clean Slate Act truly lived up to its name, providing a clean slate and a fresh start.

The Expungement Process in Michigan

While each case varies, the general process for expunging a theft or retail fraud conviction involves the following steps:

1. Obtaining Your Record: Request a copy of your criminal record (public record or ICHAT report) and obtain certified copies of each conviction you wish to set aside.
2. Fingerprinting: You must provide fingerprints to the Michigan State Police as part of your application.
3. Completing the Application: Accurately fill out the Application to Set Aside Conviction form. Ensure all personal and conviction data are correct.
4. Notifying Agencies: Send copies of your application to the Michigan Attorney General, the county prosecutor’s office, and the Michigan State Police.
5. Court Hearing: A hearing date will be set in the court where your conviction occurred. Having an experienced attorney represent you during the hearing can greatly increase your chance of success.

Once approved, your conviction is removed from public records and standard employment background checks. However, law enforcement and courts still maintain access for internal purposes or future criminal judicial proceedings.

How Expungement Impacts Employment Opportunities

It’s no secret that employers often hesitate to hire individuals with theft-related convictions. Even minor misdemeanor convictions can prevent qualified applicants from landing jobs in retail, finance, healthcare, and public service sectors. This is particularly true when the offense involves theft or dishonesty, as employers tend to associate those crimes with trust issues.

1. Improved Job Prospects

Once expunged, the conviction is no longer visible on most standard background checks. For most positions, you are not legally required to disclose an expunged conviction. This means you can truthfully answer “no” when asked whether you have been convicted of a crime—unless applying for certain government or law enforcement jobs that require disclosure.

2. Professional Licenses and Certifications

The Michigan Department of Licensing and Regulatory Affairs (LARA) often considers moral character in licensing decisions. Without a conviction on your record, you stand a far better chance of obtaining or renewing licenses in professions such as nursing, real estate, or social work.

3. Peace of Mind and Reputation

Expungement does more than just clear a record—it restores confidence and removes social stigma. Employers, landlords, and lenders will no longer see an old conviction when evaluating your background. For many people, it marks a tangible turning point toward financial and personal stability.

Common Questions About Expunging Theft and Retail Fraud in Michigan

Can felony retail fraud be expunged?

Yes, under the Clean Slate Act, first-degree retail fraud (a felony) can generally be expunged if it is non-assaultive and meets waiting period and conviction limits. If you have more than three felonies, you will not be eligible.

How long do I need to wait before applying?

The waiting period depends on your most recent conviction and sentence completion. Generally, misdemeanors require a three-year wait, while felonies require five years. If multiple convictions are being set aside, or if a person applies for automatic expungement, longer timeframes may apply.

Do I need an attorney for expungement?

While it is possible to file without an attorney, Michigan expungement law can be complex. Errors can result in denial or delays. Having a skilled attorney ensures your petition is properly prepared and increases your chances of approval.

Getting Legal Help with Expungement in Michigan

If you or someone you know is struggling with a past theft or retail fraud conviction, you don’t have to navigate it alone. Working with an experienced criminal defense attorney can make a tremendous difference. Criminal defense lawyer Aaron J. Boria has successfully helped clients across Michigan set aside theft, retail fraud, and other misdemeanor or felony convictions, unlocking new opportunities for employment and stability.

Call (734) 453-7806 today for a free consultation to learn more about your options. We’ll review your eligibility, handle filing requirements, and represent you in court to ensure your expungement process runs smoothly and efficiently.

Conclusion

Michigan’s expungement laws have evolved to give people a second chance. If you have a theft or retail fraud conviction on your record, clearing it can transform your life—opening doors to better jobs, financial opportunities, and peace of mind. The Clean Slate Act has made it easier than ever to move past mistakes from the past and focus on the future.

Expungement is not automatic, and each case requires careful preparation. Whether you’re in Wayne County, Oakland County, or elsewhere in Michigan, the right legal guidance can help ensure your petition is successful. Start today—your clean slate may be closer than you think.

For more information or to get started, contact criminal defense attorney Aaron J. Boria at (734) 453-7806. We’re ready to fight for your future and help you take the next step toward a brighter tomorrow.