Top 5 Reasons December is the Best Time to Start Your Expungement Process

Understanding Michigan’s Expungement Law

Before diving into why December is such a good time to begin, it’s important to understand what expungement—also referred to as "setting aside a conviction"—actually means. In Michigan, expungement allows you to have certain criminal convictions removed from your public record. The law governing expungement is primarily found in MCL 780.621 through MCL 780.624. These statutes have been significantly expanded under what’s known as the Clean Slate initiative—offering broader opportunities for people with certain misdemeanor and felony convictions to clear their records.

For example, as of April 2023, many types of convictions are now eligible for automatic expungement after a certain number of years if you remain conviction-free. Others require you to apply manually. Generally, you may seek to expunge:

• Up to three felonies and unlimited misdemeanors.
• Certain marijuana-related offenses that would not be illegal under current law.
• Most traffic offenses, except for those involving serious injury, death, or a DUI/OWI conviction.

However, there are exceptions. Offenses like criminal sexual conduct (CSC) involving minors, serious violent felonies, and traffic offenses involving death or injury are not eligible for expungement.

Why December is the Best Time to Start the Expungement Process

While there is no legal requirement to begin your expungement in December, there are practical and strategic reasons to start now. Many people want to begin the new year without the burden of their past record. But beyond symbolism, there are real procedural, professional, and personal benefits to preparing and filing your expungement during December.

1. You’ll Get a Head Start on the New Year

December is a natural time for reflection and goal-setting. If one of your goals for the new year is to improve your career, apply for new housing, or gain professional licensing, starting your expungement now can give you a head start. The expungement process in Michigan takes time—typically several months from the initial filing to the final hearing. That’s because the state police must complete a criminal history report, the prosecutor must be notified, and the court must schedule a hearing.

By beginning in December, your paperwork and background checks are already underway when January arrives. This means you could have your record cleared by the spring or summer, depending on local court schedules. The sooner you file, the sooner you can move forward with your life.

2. Courts and Attorneys Often Have More Availability

Another advantage to starting your expungement process in December is that many Michigan courts slow down during the holiday season. While some hearings may be postponed until early January, the reduced daily docket means clerks and administrative staff may have more time to process applications. This can sometimes translate into quicker scheduling for background checks or hearings after the new year.

Similarly, defense attorneys often find December to be a good time to perform detailed case reviews. Many clients and courts take time off during the holidays, allowing lawyers to dedicate more time to expungement petitions and the necessary document preparation.

3. Employers Begin Hiring Early in the New Year

January is one of the busiest months for hiring, especially in Michigan where companies often reset budgets and open new positions after the holidays. However, background checks are a common part of modern hiring processes. Having a criminal conviction on your record can disrupt those opportunities.

By beginning your expungement process in December, you’re setting yourself up to have your petition well underway when employers start reviewing applications in the new year. Even if the order to set aside your conviction isn’t finalized yet, you can often show employers that you are actively pursuing an expungement under Michigan’s Clean Slate law—demonstrating initiative and commitment to change.

4. Michigan’s Clean Slate Momentum Continues

Since the Clean Slate laws took effect, many Michigan residents have taken advantage of expanded eligibility for expungement. The courts, Michigan State Police, and Department of Information Technology are now heavily focused on cleaning up eligible records. But as with any major state initiative, the process can slow down due to high demand. Starting in December gives you a strategic advantage before a surge of new applicants file paperwork in January and February when self-improvement resolutions are at their peak.

Additionally, new legislative updates occasionally go into effect at the start of the year. By consulting an experienced attorney in December, you can ensure your petition reflects the most current law, helping you avoid unnecessary delay or rejection due to outdated forms or missing requirements.

5. Emotional and Psychological Fresh Start

The end of the year is often when people reflect on where they’ve been and where they want to go. For many Michiganders, carrying a criminal record is more than just a legal obstacle—it’s an emotional weight. It can affect confidence, relationships, and opportunities. Starting the expungement process in December marks a powerful step toward closure and personal growth. By taking control at year’s end, you’re effectively closing one chapter and opening another—with the potential to start the next year free from the limitations of your past.

Steps to Starting an Expungement in Michigan

If you’re ready to begin, here’s an overview of the steps involved in a Michigan expungement:

1. Obtain Your Criminal History: Request a Michigan criminal history report through the Michigan State Police. This step ensures that you know exactly what is on your record before filing.
2. Determine Eligibility: Confirm that your convictions qualify under current law. An experienced attorney can help evaluate any potential complications, such as overlapping convictions or ineligible offenses.
3. Complete the Application: Use Form MC227 – “Application to Set Aside Conviction.” This form must be filled out correctly and notarized before submission.
4. Fingerprinting: Get new fingerprints taken and submit them with your application. The fingerprints are used to verify identity and run the required background check.
5. Notifying the Prosecutor and Attorney General: Your application and supporting documentation must be sent to the prosecutor’s office in the county of conviction and to the Michigan Attorney General.
6. Hearing: Once your application is reviewed, the court will schedule a hearing. You and your attorney will present your case, and the judge will decide whether to set aside your conviction.
7. Post-Expungement Steps: Once granted, your record is sealed from public view. However, certain agencies, such as law enforcement, may still access it.

These steps require careful preparation and adherence to Michigan law. Errors in the process can cause months of delay or lead to denial, which is why legal guidance is so crucial.

Why You Should Hire an Experienced Michigan Expungement Lawyer

Although Michigan allows you to file for expungement on your own, working with a lawyer who understands the nuances of Michigan expungement law can dramatically improve your chances of success. Attorneys who regularly handle criminal defense and post-conviction matters know how to:

• Identify all convictions that qualify for expungement under Clean Slate statutes.
• Prepare and file all the necessary documents accurately and on time.
• Communicate effectively with the prosecutor and state police.
• Present a compelling case to the judge at your hearing.

Without legal representation, small mistakes—such as failing to notarize a document or missing an eligibility detail—can result in denial or delay. Having an attorney ensures the process is handled efficiently and professionally.

If you live in southeast Michigan and want a fresh start, contact attorney Aaron J. Boria for a consultation. Call (734) 453-7806 today for honest guidance on the Michigan expungement process and to find out if you qualify.

How Michigan Expungement Can Change Your Life

Once your conviction is set aside, it no longer appears on public criminal background checks. This can open doors that may have been closed because of your record. For example:

• Employment: Many employers run background checks as part of the hiring process. Clearing your record gives you access to more job opportunities.
• Housing: Property managers often deny applicants with a record. An expungement removes that barrier.
• Professional Licensing: Fields such as nursing, education, and real estate often require background checks. An expungement can remove obstacles to obtaining or renewing your license.
• Education and Financial Aid: Certain scholarships or financial aid programs disqualify individuals with criminal records. Expungement helps rebuild eligibility.

The Clean Slate laws are designed to help Michiganders get back on their feet. But timing your petition strategically—like starting in December—makes the process as efficient and effective as possible.

Getting Help from a Michigan Expungement Lawyer

The process of clearing your record may seem complex, but you don’t have to go through it alone. Working with an experienced criminal defense attorney ensures that your paperwork is complete, your rights are protected, and your case is presented in the best possible light.

If you’re ready to take control of your future, reach out to Attorney Aaron J. Boria. He has helped countless clients across Michigan restore their reputations and move forward with confidence. For a free consultation, call (734) 453-7806. 

Conclusion

December represents more than just the end of a calendar year—it’s a chance for new beginnings. For Michigan residents with a criminal record, it can also be the perfect moment to start the expungement process. By preparing early, you gain valuable time, take advantage of lighter court schedules, and position yourself for opportunities that often arise at the start of the year.

Under Michigan’s Clean Slate initiative, thousands of people now have access to life-changing relief. Don’t let another year pass with barriers that can be removed. Start your expungement journey this December and give yourself the best possible start for the new year ahead.

Call (734) 453-7806 today to speak with an experienced Michigan expungement lawyer who understands both the law and the process. A single phone call could be the first step toward your clean slate.