Understanding Expungement: How It Affects Your Employment, Housing Opportunities, and Background Checks

What Is Expungement Under Michigan Law?

Expungement, legally referred to as a “set-aside” under Michigan Compiled Laws (MCL 780.621 et seq.), allows a person convicted of certain criminal offenses to have those convictions removed from public record. Once your record is set aside, the conviction will not appear in most background checks conducted by employers, landlords, or licensing agencies.

Importantly, expungement does not erase the conviction from all records; law enforcement and certain government agencies will still have access to it. However, for the general public and most private entities, it will appear as if the conviction never happened.

Michigan law allows for both manual expungement petitions and, under the state’s Clean Slate initiative, automatic expungement of certain offenses after a waiting period if specific criteria are met.

Who Is Eligible for Expungement in Michigan?

Michigan has expanded eligibility for expungement significantly over recent years. Under the current law, you may qualify for expungement if you meet the following conditions:

• Number of Convictions: You may set aside up to three felony convictions and any number of misdemeanors, with certain limitations.
• Waiting Period: You generally must wait three, five, or seven years after completing your sentence (including probation and fines), depending on the offense type and record.
• Eligible Offenses: Most misdemeanors and many felonies are eligible for expungement. However, certain serious offenses cannot be set aside.

Crimes Not Eligible for Expungement

Under Michigan law, the following offenses are not eligible for expungement:

• Criminal sexual conduct in the first, second, or third degree.
• Offenses punishable by life imprisonment, such as murder or armed robbery.
• Most traffic offenses involving injury or death (though some OWI first offenses may qualify for expungement under specific provisions).
• Felony domestic violence if you have prior assaultive crime convictions.

Automatic Expungement

Under the 2023 Clean Slate expansion, automatic expungement in Michigan applies to certain non-assaultive misdemeanor and felony convictions:

• Up to two felonies and four misdemeanors may be cleared automatically.
• Felonies are eligible for automatic expungement ten years after sentencing or release from custody, whichever is later.
• Misdemeanors are eligible seven years after sentencing.
• No new convictions during the waiting period are allowed.

Automatic expungement is handled by the Michigan State Police, but it’s important to verify that an eligible offense has indeed been cleared. Sometimes the system misses eligible cases, and a manual petition may still be necessary.

How Expungement Affects Employment Opportunities

One of the most powerful benefits of expungement is the positive effect it can have on your employment prospects. Many employers routinely conduct background checks as part of the hiring process. When a conviction appears on those checks, it can immediately disqualify an applicant, regardless of their qualifications.

After Expungement

Once your record is set aside through expungement, the conviction should no longer appear in background checks conducted by most private employers. Under Michigan law, you are legally permitted to answer “No” when asked if you have ever been convicted of a crime—unless you’re applying for a job that requires disclosure to certain government bodies or agencies.

Government and Sensitive Positions

Some government jobs or positions involving security clearances, law enforcement, or public office may still have access to your expunged record. Similarly, professional licensing boards (such as for nursing, law, or education) may still see the conviction if they have statutory authorization to access sealed records.

If you’re unsure whether an employer can access an expunged record, consult an experienced Michigan expungement lawyer to clarify how the law applies in your specific field.

How Expungement Affects Housing Opportunities

Like employers, landlords often use background checks when screening potential tenants. A criminal record can cause a landlord to reject an application, even if the conviction was years ago or unrelated to housing conduct.

Once a conviction is expunged in Michigan, it no longer appears in most tenant screening background checks. This means many private landlords and property management companies will not see the conviction when reviewing applications. Expungement can therefore dramatically improve your chances of securing stable housing.

Public Housing Considerations

When it comes to public or federally subsidized housing, the rules can differ. Housing authorities may have access to certain sealed records in cases involving drug or violent crimes. However, for the vast majority of offenses, an expungement will remove barriers that would otherwise prevent you from qualifying for rental programs or housing assistance.

How Expungement Impacts Background Checks

In Michigan, expunged convictions are removed from the public criminal record maintained by the Michigan State Police’s Internet Criminal History Access Tool (ICHAT). Once removed, they won’t appear on most commercial background checks used by private employers or landlords.

Who Can Still See an Expunged Record?

• Law enforcement: Police, prosecutors, and courts still have access to your expunged record for certain investigative purposes.
• Judges: A judge can view your expunged record if you are convicted of another criminal offense in the future.
• Licensing and government agencies: Certain professional boards (such as medical or legal licensing boards) may still view your expunged record.

For everyone else—most notably, private employers, landlords, and credit background check companies—the conviction is effectively gone from your record. This legal protection is one of the most valuable outcomes of an expungement.

The Expungement Process in Michigan

The process for obtaining an expungement in Michigan involves several steps, and accuracy throughout each stage is critical. While a person can file the petition without an attorney, working with a knowledgeable lawyer significantly improves the chance of approval.

Step 1: Gather Required Documents

To begin, you must obtain a certified record of your conviction from the court where you were sentenced. You’ll also need a copy of your criminal history from the Michigan State Police (MSP). These documents are necessary for completing the “Application to Set Aside Conviction” (Form MC 227).

Step 2: Fingerprinting and Background Check

You must be fingerprinted by an authorized law enforcement agency. Those fingerprints, along with your application, are mailed to the Michigan State Police to verify your eligibility and criminal record history.

Step 3: Serve the Application

You must serve copies of the application on the Michigan Attorney General, the prosecutor who handled your case, and the court where you were convicted. This gives each agency an opportunity to object or support your request.

Step 4: The Hearing

After all documents are submitted, a hearing will be scheduled in court. You (or your attorney) will present evidence to show why your conviction should be set aside. The prosecutor or Attorney General has the right to object. The judge then determines if the statutory conditions are met and whether granting the application serves the public welfare.

Step 5: The Court’s Decision

If approved, the court issues an order officially setting aside your conviction. The Michigan State Police then remove the record from public access databases, completing the process. The effect is not immediate—it can take several weeks for the record to be updated in all systems.

The Benefits of Expungement

The difference that expungement can make in a person’s life cannot be overstated. Here are some of the most impactful areas where a successful expungement can help:

• Employment: The conviction no longer appears on most background checks, allowing for fair evaluation based on merit.
• Housing: It significantly improves your chances of approval for rental applications.
• Education: Expungement can open opportunities for professional certifications or student loans that may have been off-limits.
• Personal Confidence: Knowing your record is cleared often removes the lingering stigma associated with past mistakes.

For many, expungement restores more than just opportunities—it restores dignity and peace of mind.

Common Challenges During Expungement

Although Michigan’s laws have become more forgiving, the expungement process still poses challenges. Some common issues include:

• Incomplete record checks: Errors in criminal databases may create obstacles or delays.
• Prosecutor objections: A prosecutor may argue that your record should not be cleared, especially for more serious offenses.
• Documentation errors: Failing to serve all required agencies or properly complete forms may result in your petition being denied.

Because the process is so procedural, working with an experienced criminal defense lawyer ensures everything is handled correctly and efficiently.

Getting Legal Help with Expungement in Michigan

Applying for an expungement may seem straightforward, but the difference between approval and denial often hinges on legal precision. A skilled Michigan criminal defense attorney knows how to identify eligibility, prepare documentation, address prosecutor objections, and advocate effectively at the hearing.

If you’re ready to clean up your record and start fresh, call experienced Michigan defense attorney Aaron J. Boria today at (734) 453-7806. Aaron has successfully guided clients through expungements across Michigan and can assess whether your conviction qualifies under current law.

You can also learn more about your rights under Michigan’s expungement laws by visiting our criminal defense page or reaching out for a free consultation. We’re here to help you get your life back on track—confidentially and professionally.

Expungement in Michigan has become more accessible than ever thanks to the state’s Clean Slate laws. For individuals burdened by old convictions, these changes represent an invaluable opportunity to rebuild careers, secure better housing, and move forward without the shadow of a criminal record. But as with any legal process, attention to detail and understanding the law’s nuances are crucial.

If you believe you might qualify for expungement—or you’re unsure where to begin—contact Aaron J. Boria at (734) 453-7806 for a free consultation. We’ll help you determine eligibility, handle your petition from start to finish, and represent your best interests in court.

Take control of your future today—because your past doesn’t have to define your tomorrow.