Understanding Expungement in Michigan: Which Crimes Can Be Cleared and Which Cannot

What Is Expungement in Michigan?

Expungement, also referred to as a “set aside,” is a legal process that removes a criminal conviction from your public record. Once granted, an expunged conviction is no longer visible to employers, landlords, or most background checks. However, it remains accessible to law enforcement and courts in limited circumstances—such as if you’re charged with another offense in the future.

In Michigan, the process is governed by Michigan Compiled Laws (MCL) 780.621 through 780.623. When a conviction is “set aside,” it is essentially sealed from public view. The person may legally say that they have not been convicted of that offense when applying for most jobs or housing opportunities.

Michigan’s Clean Slate Law: A Major Reform

In 2020, Michigan enacted sweeping changes through the Clean Slate legislation, which expanded who can qualify for expungement and even introduced an automatic expungement system for certain offenses. The goal was to make the process more accessible and to remove barriers that prevented people from rebuilding their lives.

Key Highlights of the Clean Slate Law:

• Automatic Expungement: Certain misdemeanors and low-level felonies are automatically expunged after a period of good behavior—typically 7 years for misdemeanors and 10 years for eligible felonies.
• Expanded Eligibility: Individuals with multiple convictions can now apply for expungement, including those with up to three felonies and unlimited misdemeanors (with some exceptions).
• Shorter Waiting Periods: The waiting period to apply for expungement has been reduced. Depending on the offense, a person may apply as soon as 3, 5, or 7 years after completing their sentence.
• Inclusion of Certain Traffic Offenses: Historically, traffic offenses could not be expunged. The Clean Slate law now allows some traffic convictions to be removed from your record.
• Marijuana Offenses: Many marijuana-related offenses are now eligible for expungement, especially if the conduct would not be a crime under current Michigan law.

Who Is Eligible for Expungement in Michigan?

Eligibility for expungement depends on the type of offense, the number of convictions you have, and how long it has been since you completed your sentence or probation. Michigan law divides eligibility into several categories.

Misdemeanor Convictions

Most misdemeanors in Michigan can be expunged. This includes offenses such as simple assault, shoplifting, minor theft, and many driving-related misdemeanors. To qualify, you must have completed all aspects of your sentence—including fines, probation, or jail time—and met the required waiting period.

Felony Convictions

Under current law, most felonies can also be expunged, provided they do not fall under one of the excluded categories (which we’ll cover shortly). Individuals can generally seek expungement for up to three felony convictions, as long as they meet the waiting periods and none are disqualified offenses.

Multiple Convictions

In the past, having more than one felony or two misdemeanors could disqualify you from relief. The Clean Slate reform now allows people to expunge:

• Up to 3 felony convictions.
• Unlimited misdemeanors (with exceptions for serious, assaultive, or certain traffic offenses).

However, if you have more than one assaultive crime or crimes punishable by more than 10 years in prison, you may not be eligible.

Waiting Periods Before You Can Apply

The waiting period is meant to demonstrate rehabilitation and vary depending on the type and severity of the conviction. The clock starts after completing your sentence, probation, and payment of any fines or restitution.

• 3 Years: For up to 2 misdemeanors.
• 5 Years: For one serious misdemeanor or one felony conviction.
• 7 Years: For multiple felonies (up to 3).

During this time, you must not have had any new convictions or pending criminal cases.

Crimes That Can Be Expunged in Michigan

Michigan law allows a wide variety of crimes to be expunged, including both misdemeanors and felonies. Below are examples of common types of offenses that may be eligible:

• Simple assault and battery (non-domestic).
• Retail fraud and other minor theft offenses.
• Drug possession (excluding certain trafficking offenses).
• First-time operating while intoxicated (OWI) under MCL 257.625(1).
• Property crimes such as malicious destruction of property (MDOP).
• Carrying a concealed weapon without a permit (if non-assaultive and no subsequent crimes).
• Traffic-related misdemeanors, such as driving while license suspended (DWLS).
• Prostitution-related offenses where the defendant was a victim of human trafficking.
• Certain marijuana crimes committed before legalization, if the same conduct is now legal.

Each case is unique, and eligibility can depend on the specific circumstances and statutory language. For example, an assault involving serious injury may not qualify if it is considered “assaultive” under Michigan law.

Crimes That Cannot Be Expunged in Michigan

Not all convictions can be erased. Michigan law prohibits expungement of certain serious or violent crimes, as well as offenses that indicate a continuing threat to public safety or integrity of the judicial process. The following categories are ineligible:

• Life-maximum offenses: Any crime punishable by life imprisonment (even if you did not receive a life sentence).
• Criminal sexual conduct (CSC) offenses: Any CSC conviction, except certain low-level misdemeanors involving consensual teenage relationships under age-gap exceptions, cannot be expunged.
• Child abuse and child pornography: All convictions under these statutes are ineligible for expungement.
• Traffic offenses causing death or serious injury: Including OWI causing death or serious injury.
• Terrorism-related offenses: As defined by Michigan law.
• Domestic violence with aggravating circumstances: In cases involving serious injury or multiple prior offenses.
• Human trafficking-related crimes: Committed by traffickers or those promoting human trafficking.
• Perjury or crimes involving judicial corruption.

Additionally, if a crime involved the use of a dangerous weapon, serious bodily injury, or was “assaultive” in nature, it may limit your eligibility. It’s crucial to have a qualified attorney review your record to determine if your specific conviction qualifies.

Automatic Expungement: How It Works

Michigan began automatic expungement in April 2023. This means certain convictions are removed from your record without filing a formal application. The Michigan State Police and court systems manage the process digitally.

Automatically Eligible Convictions Include:

• Up to 2 felony convictions (that are eligible under law).
• Up to 4 misdemeanors, excluding serious or assaultive crimes.

Automatic expungement happens after:

• 7 years from the date of sentencing for eligible misdemeanors.
• 10 years from the date of sentencing or release for eligible felonies.

Convictions that involve violence, assault, or serious injury are not automatically expunged and still require manual application.

Manual Application Expungement Process

If your conviction doesn’t qualify for automatic removal, you can still apply manually through the court. This process is governed by MCL 780.621 and requires several important steps:

1. Obtain Your Records: Request your certified record of conviction from the court where you were sentenced.
2. Fingerprinting: Get fingerprinted and obtain a criminal history report from the Michigan State Police.
3. Complete the Application: Fill out the official application to set aside a conviction (available on the Michigan.gov website).
4. Serve the Prosecutor and Attorney General: You must send copies to the prosecutor’s office and the Michigan Attorney General’s Office.
5. Hearing: Attend your expungement hearing. The judge will consider your rehabilitation, community involvement, and the nature of your conviction.

If granted, the court will order the Michigan State Police and relevant agencies to seal your record, and you’ll finally have a fresh start.

Why Expungement Matters

Having your record set aside can change your life. It improves access to employment, housing, education, and financial opportunities. For many, it restores peace of mind and a sense of dignity. Employers who perform background checks will no longer see your old conviction, and you can truthfully answer “no” when asked if you have a criminal record (with limited exceptions).

It’s also worth noting that expungement is not the same as a pardon. A pardon, which is granted by the Governor, forgives the offense entirely. Expungement, on the other hand, hides the record from public view and provides relief from most of its collateral consequences.

Getting Legal Help With Expungement in Michigan

Michigan’s expungement process can be complicated. Understanding eligibility, statutory waiting periods, and properly filing the necessary documents requires experience with Michigan criminal law. A mistake in your petition could delay or even prevent you from getting relief.

If you’re unsure whether your conviction qualifies or want help preparing a strong case for expungement, contact a knowledgeable Michigan criminal defense lawyer. Attorney Aaron J. Boria has successfully handled numerous expungement petitions across the state and understands what judges look for when deciding whether to grant one.

Conclusion

Michigan’s expungement laws are among the most progressive in the nation. The Clean Slate reforms have opened doors for thousands of residents who have demonstrated rehabilitation and are ready to move forward. While not every crime is eligible, many misdemeanors, low-level felonies, and even some traffic and marijuana offenses can now be cleared.

Removing a conviction from your record takes planning, patience, and often professional guidance. Whether your case qualifies for automatic expungement or you need to file a manual petition, having an experienced attorney on your side gives you the best chance for success.

If you’re ready to take the next step toward a clean record, contact Boria Law at (734) 453-7806. We’ll review your history, explain your options, and fight to give you the fresh start you deserve.

Your future doesn’t have to be defined by your past. Michigan’s expungement laws exist to give you a second chance—make the most of it.