May Is the Right Month to Start Your Michigan Expungement Petition Before Summer Background Checks Hit

May is one of the best months of the year to start a Michigan expungement petition. Why? Because June and July are peak hiring months for summer jobs, internships, seasonal positions, and new careers — and a petition filed in May has a strong chance of being decided before background checks become a barrier.

Michigan's expungement law has been significantly expanded under the Clean Slate Act of 2020, with continued refinements. Here is what you need to know.

What Is Expungement (Set Aside)?

Under MCL 780.621 through MCL 780.621l, Michigan allows individuals to petition the convicting court to set aside (expunge) certain convictions. A set-aside conviction is removed from public records (it remains accessible to law enforcement and a few specific entities), but for employment, housing, and most background checks, it no longer appears.

Petition-Based Expungement Eligibility

For convictions that aren't covered by automatic expungement, you may petition if you meet the following:

• For one or more misdemeanors: at least three years after sentence completion (or release from any incarceration, whichever is later).
• For a single felony: at least five years after sentence completion.
• For multiple felonies (up to three): at least seven years after sentence completion.
• For a first-offense OWI: at least five years after sentence completion (under MCL 780.621d).

The "same transaction" rule under MCL 780.621b can treat multiple offenses arising from a single incident within 24 hours as a single felony or single misdemeanor for set-aside purposes.

Automatic Expungement

Under MCL 780.621g, eligible convictions are now automatically set aside by the Michigan State Police — no petition required — after specific waiting periods:

• 7 years after sentencing for eligible misdemeanors,
• 10 years after sentencing or release for eligible felonies.

Ineligible offenses (such as assaultive crimes, serious misdemeanors, and certain traffic offenses) cannot be set aside automatically. They require a petition.

What Is NOT Eligible

• A second or subsequent OWI offense (only the first OWI is eligible),
• Any OWI causing injury or death,
• Any traffic offense causing injury or death,
• Any commercial-vehicle traffic offense, including CMV-OWI,
• Felony assaultive offenses with maximum sentences over 10 years (limited to one expungement),
• Convictions for human trafficking,
• Convictions for criminal sexual conduct (with limited exceptions),
• Convictions for certain other serious offenses.

Why May Is the Right Time

• Petition processing typically takes several months.
• Filing in May positions you for a decision before fall hiring cycles ramp up.
• Many employers and licensing boards perform background checks in the late summer and fall.
• Clearing your record before the holidays improves life across the board — jobs, housing, and financial aid.

What to Bring When You Meet With an Attorney

• Certified copies of your judgments of sentence,
• Your driving record (if applicable),
• Proof of completion of probation, treatment, fines, and costs,
• Any letters of recommendation or employment records.

Call Boria Law Today

If you want to start the Michigan expungement process before summer background checks affect you, attorney Aaron J. Boria of Boria Law can help. Boria Law handles expungement petitions for clients across Wayne County and Southeast Michigan.

Call (734) 453-7806 today for a free consultation.