1. Not Checking Expungement Eligibility in Michigan

Michigan’s Clean Slate law has expanded over the years, but not all offenses qualify for expungement. Failing to confirm whether your specific charge is eligible is one of the most common and critical mistakes people make.

Some convictions—such as criminal sexual conduct felonies, any offense punishable by life in prison, or most traffic offenses like OWI (Operating While Intoxicated)—are not eligible at all, though there are exceptions depending on the details of your case since recent updates to the law do allow a first-time OWI to be expunged in certain cases.

In general, the law allows you to expunge up to:

• 3 felonies (with certain restrictions)
• Unlimited misdemeanors (excluding serious ones)

Always review the latest state laws or speak with an experienced criminal defense lawyer before taking any steps. If you’re unsure where your case stands, it’s worth having a legal professional review your record.

2. Applying Too Soon

Timing matters. Michigan law requires you to wait a certain number of years after your conviction—or after the end of your sentence, including probation and jail time—before you can apply for expungement. Filing before this waiting period ends will result in an automatic denial.

Here’s a quick breakdown of common waiting periods:

• 1 felony conviction: 7 years
• 2 felony convictions: 10 years
• 3 felony convictions: Not eligible unless exceptions apply
• All misdemeanors: 3 years
• First-time OWI: 5 years

Don't guess. Make sure you calculate from the right date—usually the date you completed your sentence, probation, or parole.

3. Failing to Gather All Required Documentation

The expungement application process in Michigan requires precise documentation. If you forget even one item or submit outdated or unclear documents, your application may be returned or denied. Common required documents include:

• Certified copies of conviction records from the court where you were sentenced
• Fingerprints on a completed RI-008 fingerprint form
• Completed application form (Form MC 227) signed and notarized
• Proof of service that you notified the prosecutor and the Attorney General

It sounds like a lot, and that’s because it is. Accurate paperwork helps the court evaluate your application quickly and correctly. If a document is missing or contains incorrect information, your case may be delayed or denied outright.

4. Mistakes with Fingerprints

Your fingerprint card (RI-008) is not just a formality—it’s required for Michigan State Police to conduct a criminal background check and verify your record. If your prints are smudged, incomplete, or taken by an unapproved facility, MSP may reject your application. That means starting all over again.

Always use a law enforcement agency or a licensed fingerprinting service to complete the fingerprint card. Keep a copy of the receipt and confirm the agency has submitted your prints to the Michigan State Police.

5. Not Properly Serving the Attorney General or Prosecuting Attorney

This one gets people all the time. Under Michigan law, you must send copies of your application and supporting documents to both:

• The Michigan Attorney General
• The prosecuting attorney in the county where you were convicted

Failing to properly serve these offices—or not keeping proof that you did—will likely lead to your request being denied or postponed.

After mailing the documents, keep your proof of service (mailing receipt or certified delivery) so you can prove to the court that you followed the required procedure.

6. Not Being Prepared for the Hearing

Even if you’ve done everything right up to this point, your case can still be denied at the hearing if you're not fully prepared. In some cases, especially for OWI expungements, a judge will want to hear from you directly.

Judges want to know:

• What you’ve done since the conviction
• That you understand the nature of your actions
• Why you deserve a second chance

This is where a criminal defense lawyer can make all the difference. A well-prepared attorney will help you present your case in the strongest light, organize your documents, and guide you through any tough questions during the hearing.

Don't assume that just because you qualify, the court will rubber-stamp your application. Expungement is not a right—it's a privilege that must be earned.

7. Trying to Do It Alone Without an Attorney

Yes, you are legally allowed to pursue the expungement process on your own. But just because you can doesn't mean you should. Expungement law in Michigan is more complicated than it seems, especially when determining what’s actually eligible and how to correctly present your case.

We've seen too many people come to us only after their application has been denied—sometimes for avoidable mistakes like mislabeling a conviction or not calculating the proper waiting period. Now they have to wait years to apply again.

If you're serious about clearing your record and moving forward in life, you need someone on your side who knows the ins and outs of Michigan courts.

Call experienced Michigan criminal defense lawyer Aaron J. Boria at (734) 453-7806. We can help you determine if you are eligible for expungement, prepare your documents the right way, and represent you effectively in court. You don't have to go it alone.

How to Get Help with a Michigan Expungement

Going through the expungement process in Michigan can be a life-changing experience. Whether it helps you land a better job, qualify for housing, or simply feel free from the stigma of a past mistake, it’s worth doing—and doing right.

To give yourself the best chance at success, avoid the most common mistakes:

• Check your eligibility under Michigan law
• Wait the correct amount of time before applying
• Make sure your documentation is accurate and complete
• Have your fingerprints taken correctly
• Serve all required parties and keep proof
• Come prepared for the hearing
• Work with an attorney who has experience in Michigan expungement cases

If you’re unsure where to start or just want to make sure you’re doing it the right way, reach out to us. Criminal defense attorney Aaron J. Boria has helped people across Michigan successfully clear their records and start new chapters in their lives.

Schedule a free consultation today by calling (734) 453-7806. Don’t let a mistake from years ago hold back your future. 

Everyone deserves a second chance. We’re here to help make yours count.