Navigating Veterans Day: How a Criminal Record Affects Returning Service Members and Expungement Options in Michigan

The Impact of a Criminal Record on Michigan Veterans

When veterans return from service, many expect to find stability—a career, a home, and a sense of belonging. Unfortunately, a criminal record can stand in the way of all of those things. In Michigan, a conviction can affect nearly every area of life, from employment to housing to professional licensing.

Employment and Licensing Barriers

Most employers conduct background checks, and even a minor misdemeanor can limit career opportunities. Veterans trying to transition into civilian jobs—especially in government, health care, or education—may face automatic disqualification due to a past conviction. For those seeking state-issued professional licenses, such as in nursing, construction, or real estate, a criminal record can be a significant roadblock.

Educational Opportunities

Some veterans use G.I. Bill benefits to return to school or gain new technical skills. A criminal record can limit eligibility for certain training programs or internships, especially in fields that require background checks, like criminal justice, law enforcement, or social work.

Housing and Benefits

Securing stable housing can also be difficult. Many landlords screen for criminal history, and public housing programs may deny admission to individuals with certain convictions. Veterans with a record may also lose access to some VA benefits if their offenses involve dishonorable discharge–related reasons.

Mental Health and Reintegration Challenges

Many veterans struggle with PTSD, depression, or anxiety after service. Sometimes, these conditions can contribute to situations that lead to criminal charges—domestic incidents, substance use, or altercations related to emotional triggers. Michigan’s court system, fortunately, has increasingly recognized this connection and supports avenues like Veterans Treatment Courts designed to help rather than punish those who served.

Understanding Michigan’s Expungement Law

Michigan has undergone major reforms to its expungement laws in recent years, especially through the 2021 "Clean Slate" initiative. These changes make it easier for veterans and other citizens to remove old convictions from their criminal records and move forward with their lives.

What is Expungement?

Expungement—also known in Michigan as setting aside a conviction—is a legal process that clears a criminal record from public view. Once a conviction is expunged, it generally cannot be seen by employers, landlords, or licensing agencies in background checks. However, law enforcement agencies and courts will still have access for certain legal purposes.

Expungement Eligibility in Michigan

MCL 780.621 governs expungement in Michigan. The eligibility rules depend on the type and number of convictions. Under current law:

• A person can have up to three felony convictions and an unlimited number of misdemeanors set aside.
• Only two assaultive crimes can be expunged.
• Most misdemeanors become eligible after a waiting period of three years from the completion of sentence.
• Most non-assaultive felonies are eligible after five years.
• Multiple offenses from the same incident are now often treated as one conviction for expungement purposes, significantly expanding eligibility.

Some crimes, however, cannot be expunged. These include:

• Offenses punishable by life imprisonment.
• Most criminal sexual conduct (CSC) offenses.
• Traffic offenses involving death or serious injury, as well as DUIs (Operating While Intoxicated), except in certain rare circumstances.

Automatic Expungement (Clean Slate Initiative)

Michigan law now allows for some automatic expungement of eligible convictions without requiring a petition. This process began in April 2023 and applies to certain misdemeanors after 7 years, and certain non-assaultive felonies after 10 years. While this reform has made clearing records easier, it’s not guaranteed or immediate, and some veterans may still need to file a petition to ensure their record is cleared correctly.

Veterans Treatment Courts in Michigan

Michigan’s Veterans Treatment Courts (VTCs) are specialized problem-solving courts designed specifically for veterans facing criminal charges. These courts recognize that military service can have lasting effects, and they focus on rehabilitation rather than punishment.

How Veterans Treatment Courts Work

Veterans Treatment Courts combine accountability with support. Participants are required to follow treatment plans that often include counseling, substance abuse programs, and mentorship from other veterans. Successful completion of the program can lead to reduced sentences, dismissed charges, or eligibility for expungement.

Eligibility for Veterans Treatment Court

Eligibility varies by jurisdiction, but generally, veterans who can demonstrate a connection between their service and their criminal behavior may qualify. For example, a veteran struggling with PTSD who commits a non-violent offense may be an excellent candidate for VTC participation.

The Expungement Process Step-by-Step

Expungement in Michigan is a multi-step process, and while recent reforms have made it more accessible, it’s important to get each step right. Here’s how it typically works:

1. Obtain Your Criminal Record

The first step is to obtain a certified copy of your record from the Michigan State Police (MSP). This record is essential for identifying eligible convictions and ensuring accuracy before filing your petition.

2. Determine Eligibility

You or your attorney will review your criminal history against the current expungement statutes. This step ensures you don’t waste time or resources applying for offenses that are not legally eligible for removal.

3. File a Petition to Set Aside Conviction

The expungement petition must be filed in the court where the conviction occurred. Michigan courts require an official form, which is available through the State Court Administrative Office (SCAO). Once filed, the court will schedule a hearing date.

4. Serve Required Notices

Notices must be served on several agencies, including:

• The Michigan Attorney General.
• The prosecuting attorney of the county where you were convicted.
• The Michigan State Police.

This ensures all parties have an opportunity to object or offer input on your application.

5. Attend the Hearing

During the hearing, the judge will review your petition, your conduct since the conviction, and any objections filed by the prosecution or law enforcement. The judge’s decision will be based on whether granting expungement aligns with “the public welfare” and demonstrates that you have been rehabilitated.

6. Record Clearance

If granted, your conviction will be sealed from public record. The Michigan State Police will update your criminal file, and most background checks will no longer show the expunged conviction.

Benefits of Expungement for Michigan Veterans

For veterans, the benefits of expungement go far beyond simply clearing their name. The process restores opportunities and rights that can make reintegration smoother and more manageable.

• Employment Opportunities: Many veterans can finally pursue careers that were previously off-limits.
• Restoration of Gun Rights: For some non-violent offenses, successful expungement can assist in the process of restoring firearm ownership rights under Michigan and federal law.
• Educational Growth: Expungement allows access to previously restricted training programs and certification opportunities.
• Peace of Mind: Perhaps most importantly, expungement gives veterans emotional closure and the ability to move forward without the constant shadow of past mistakes.

Getting Help with Expungement

While Michigan’s new expungement laws are more accessible, they are still complex. Veterans who attempt to handle the process alone may face avoidable delays or denials. Working with an experienced Michigan criminal defense lawyer can make all the difference.

An attorney can help you:

• Review your criminal record and determine eligibility.
• Draft and file accurate petitions under Michigan’s expungement statutes.
• Represent you at hearings to ensure the best chance of success.
• Navigate potential objections from prosecutors or law enforcement agencies.

If you are a veteran in Michigan who is ready to clear your record, contact attorney Aaron J. Boria at (734) 453-7806. Our office is based in Plymouth, and we proudly assist clients across southeastern Michigan. We have helped veterans and other clients obtain expungements, dismissal of charges, and restoration of their rights through smart and effective legal representation.

Conclusion

Michigan veterans have sacrificed much in service to their country, and when they return home, they deserve a fair opportunity to rebuild their lives. A criminal record should not define their future. Thanks to Michigan’s evolving expungement laws and the support of Veterans Treatment Courts, it is possible for veterans to find renewed stability and dignity in civilian life.

Whether your conviction was the result of a misunderstanding, a youthful mistake, or a service-related struggle, taking steps toward expungement can help restore your reputation and peace of mind. The process may seem intimidating, but with the right legal support, you can move forward with confidence and hope.

If you or someone you know is a veteran in Michigan seeking expungement assistance, reach out today. Call attorney Aaron J. Boria at (734) 453-7806 for a free consultation and take the first step toward clearing your record and restoring your future.