What is Expungement?

In simple terms, expungement—also known as "set-aside" in Michigan—is a legal process through which a past criminal conviction is sealed from public view. Once a conviction is expunged, it no longer appears on standard background checks conducted by employers, landlords, and others. Under Michigan law, the information still exists for certain law enforcement or court purposes, but for most civilian applications—including housing—your record will appear clean.

Expungement is not automatic. You must meet specific eligibility criteria, file the appropriate paperwork, attend a hearing, and in many cases, convince a judge that you have been rehabilitated. But if the process is successful, the result can be life-changing.

Michigan’s Clean Slate Law

In 2020, Michigan passed a groundbreaking law known as the Clean Slate Law. This legislation expanded eligibility for people with criminal records to have those records expunged. As of April 2023, parts of the law went into full effect, including automatic expungement for certain misdemeanors and low-level felonies.

Key Provisions:

• Automatic Expungement: Up to 2 felony convictions and 4 misdemeanors can be automatically expunged, assuming no additional offenses have occurred over a set period.
• Petition-Based Expungement: For those who don't qualify for automatic expungement, you can still petition the court to remove your convictions.
• Waiting Periods: These vary depending on the type and number of convictions. Misdemeanors usually have a waiting period of 3 years, while felonies can require 5 to 7 years of waiting and no new criminal activity.
• Exclusions: Crimes such as criminal sexual conduct and certain traffic offenses like DUI are not eligible for expungement.

How Landlords Use Background Checks

Before leasing a home, many landlords run a background check on potential tenants. These checks typically include a criminal history search, credit check, and eviction history. If your name pops up with a felony or misdemeanor conviction, you may find yourself disqualified—especially if the crime seems violent or fraud-related.

Many landlords in Michigan use third-party companies to run these checks. These companies pull from public criminal databases to generate a report. Expunged convictions are not included in those reports, making your rental application cleaner and more competitive.

How Expungement Helps with Housing Applications

Expungement can drastically change your housing situation. Once your record is expunged, it should no longer appear in the majority of private or public housing background checks. Here's how that change can accelerate your approval:

• Increased Eligibility: Without a visible criminal record, housing providers are more likely to approve your application. Certain housing programs and landlords outright ban applicants with felony records, so expungement opens those doors.
• Faster Processing: Some housing applications are delayed or rejected solely because of pending background questions. A clean record speeds up this step.
• Greater Confidence: With your record cleared, you can answer "No" when asked about criminal history on most housing applications, improving your chances without the need for awkward explanations.

In short, expungement boosts your credibility and removes a major red flag in the eyes of most landlords, especially private ones who may rely heavily on background-check software in their decision-making process.

Expungement and Public Housing in Michigan

In Michigan, public housing authorities are typically stricter than private landlords. They often operate under federal guidelines, which disqualify individuals with certain types of criminal records.

Expungement can be especially helpful for accessing public housing. Public housing authorities usually conduct a detailed background check and may deny applications for convictions involving drug-related activity, violence, or weapons. However, if the conviction no longer appears due to expungement, the housing authority may overlook what they do not see in your report.

Keep in mind that they may still request information from local law enforcement, so it's important to make sure your record is fully sealed and you've gone through the right expungement steps under Michigan law.

How to Start the Expungement Process in Michigan

The expungement process isn’t automatic unless you qualify under the automatic expungement provisions—and even then, errors in processing or delays might prevent your record from being cleared when expected. Taking a proactive approach is often the fastest way to get results.

Here’s a step-by-step on how to get started:

1. Review Your Record: Request a copy of your criminal history from the Michigan State Police’s Internet Criminal History Access Tool (ICHAT).
2. Determine Eligibility: Review the Clean Slate Law criteria or consult an attorney to see whether your conviction qualifies.
3. File the Application: Complete the “Application to Set Aside Conviction” and submit it to the court where your conviction took place. You must also notify the Michigan Attorney General and Prosecuting Attorney’s Office involved.
4. Schedule and Attend a Hearing: The court will set a hearing date where you—or your lawyer—must argue why your record should be expunged.
5. Follow Up: If granted, make sure the expungement order is correctly communicated to all relevant agencies and background check companies.

The legal process can be time-consuming, and any errors in paperwork can result in a denial. This is why having an experienced criminal defense lawyer is so important.

Finding Legal Help for Expungement

If you have convictions in Michigan and you’re serious about improving your housing situation, start with a clean slate—literally. Our firm has helped countless clients seal their records and unlock opportunities that once felt out of reach.

Whether your goal is to rent a better apartment for your family or finally qualify for supportive housing, we can help. Contact experienced Michigan criminal defense attorney Aaron J. Boria today at (734) 453-7806 for a free consultation. You can also explore more about expungement in Michigan and find out how we can help with your case.

Conclusion

Expungement might feel like just a legal checkbox, but for many Michiganders, it’s the catalyst they need to secure housing stability, improve employment prospects, and regain control over their lives. If you’ve served your time, stayed out of trouble, and are ready to leave the past behind, the Clean Slate Law gives you a pathway—and it’s one worth taking.

By removing old convictions from your record, you’ll make yourself a more attractive and trustworthy rental applicant. The process isn’t necessarily fast or easy, but for most people, it’s absolutely worth it.

Don’t let your past keep you out of your home. Call Boria Law at (734) 453-7806 to see if you qualify for expungement and start your journey toward better housing today.