Unlock New Opportunities: Why November is the Optimal Month for Expungement Before January

Understanding Expungement in Michigan

Expungement, also known as “setting aside a conviction,” is a legal process that removes eligible criminal convictions from your public record. Once your conviction is expunged, it is no longer visible during background checks by employers, landlords, or schools, although law enforcement and certain government agencies will still retain access for specific purposes.

Under Michigan Compiled Laws (MCL 780.621 et seq.), the Clean Slate legislation greatly expanded opportunities for expungement. Recent updates to Michigan law have made more people eligible than ever before, including automatic expungements for certain offenses and expanded eligibility for those with multiple convictions.

• Up to three felony convictions and an unlimited number of misdemeanors may be eligible for expungement.
• There is a waiting period that depends on the nature of your conviction, typically ranging from three to seven years after your sentence is completed.
• Certain crimes—such as life offenses, most criminal sexual conduct (CSC) offenses, and traffic offenses involving death—are not eligible for expungement.

These changes have dramatically increased access to second chances for thousands of Michigan residents. However, timing and preparation are key to ensuring a successful outcome, and that’s where November becomes critical.

Why November is the Best Time for Michigan Expungement

1. Courts and Clerks Are More Accessible

Once December hits, courts across Michigan enter what is often called the “holiday slowdown.” Staff take time off, judges set fewer hearings, and filings can take twice as long to process. Starting your expungement paperwork in November allows your attorney to submit essential records—such as certified judgments, fingerprints, and background checks—before the December delays set in. This can make a major difference in completing your hearing earlier in the new year.

2. Position Yourself for Job Opportunities in January

January is a peak month for hiring. Many Michigan employers ramp up their recruiting efforts after the holiday season, especially in industries like manufacturing, healthcare, and logistics. Having a clean record at the start of the year can make you eligible for positions you may have been previously screened out from. Beginning your expungement in November means you're positioning yourself to take full advantage of that employment surge.

3. Michigan State Police (MSP) Processing Times

Part of the expungement process requires fingerprinting and a criminal history report from the Michigan State Police. In late December and January, those requests can take longer due to increased demand. Submitting your request in November often leads to faster turnaround times, getting your case onto the docket sooner and avoiding unnecessary waiting.

4. Attorneys Have More Availability

By November, many legal professionals are wrapping up trial-heavy periods and have more time to focus on expungement filings and consultations. Contacting an attorney before the end of the year means you’ll have dedicated attention to your case and can move forward without delay. Waiting until after the holidays can mean waiting in line behind dozens of new clients seeking help in January.

5. A Fresh Start for the New Year

There’s something powerful about closing out the year knowing that you’ve taken formal steps toward a clean slate. Whether you’re aiming to get a new job, apply for housing, or continue your education, beginning your expungement in November allows you to move into the new year with clear intentions and legal momentum.

Michigan’s Expungement Eligibility Criteria

Before filing for expungement, it’s essential to know if your case qualifies under Michigan law. While each application is unique, there are several general eligibility criteria to consider:

• Felony Convictions: You can apply to set aside up to three felony convictions.
• Misdemeanor Convictions: There is no specific limit on misdemeanors, but there are waiting periods and exclusions.
• Time Since Sentence Completion: The waiting period typically begins after you’ve served your sentence and completed parole or probation:
  • Three years for most misdemeanors.
  • Five years for serious misdemeanors or one felony.
  • Seven years if applying to expunge multiple felonies.
• Violent or Life Offenses: Crimes punishable by life in prison, most criminal sexual conduct cases, and traffic crimes resulting in death are excluded from expungement eligibility.
• Traffic Offenses: As of 2021, certain traffic offenses such as first-time OWI (Operating While Intoxicated) convictions can be set aside under specific conditions.

Because every situation is fact-specific, working with a skilled Michigan criminal defense attorney is essential to determine eligibility accurately and avoid filing unnecessary or denied petitions.

Michigan’s Automatic Expungement: What Changes in 2025?

Michigan has adopted an automatic expungement process for certain low-level crimes under the Clean Slate law. This feature automatically removes qualifying misdemeanor and felony offenses from public records after a designated waiting period, without requiring an individual to apply.

However, automatic expungement does not cover all offenses and is limited to specific case types. Individuals with more complex criminal histories or those with convictions that fall outside the automatic system must still apply manually. Starting your expungement process now ensures your petition is reviewed under your control—rather than waiting years and hoping your record someday qualifies for automatic clearance.

The Steps of the Michigan Expungement Process

Applying for expungement in Michigan involves several detailed steps. Even a small mistake can delay your case or result in denial, which is why preparation and timing—especially beginning in November—matters greatly.

1. Determine Eligibility: Carefully review your criminal record and verify which convictions qualify for expungement under the current law.
2. Obtain Fingerprints: Visit a local law enforcement agency or private fingerprint vendor to complete Michigan-approved fingerprint cards required for your application.
3. Submit a Criminal History Request: Send your fingerprints to the Michigan State Police to obtain an updated criminal record.
4. Prepare the Application to Set Aside Conviction (MC 227): Complete the official form, ensuring accuracy in all case numbers and sentencing details.
5. File with the Correct Court: File your petition in the circuit court where your conviction occurred. You must include proof of filing, copies for service, and the $50 application fee.
6. Serve Required Parties: Copies must be served to the Michigan Attorney General and the county prosecutor. Each has time to review and respond before your hearing.
7. Attend the Hearing: Your attorney will argue why the expungement should be granted, highlighting rehabilitation, community involvement, and time since conviction.
8. Record Update: If approved, the court order will be sent to local agencies and the Michigan State Police to ensure removal from public view databases.

Beginning this process early—specifically in November—ensures sufficient turnaround time for background reports, scheduling, and hearings without facing post-holiday delays or backlogs.

The Benefits of a Michigan Expungement

Expungement isn’t just about clearing your record on paper—it’s about opening new possibilities and empowering yourself to move forward without the burden of past mistakes.

• Improved Employment Opportunities: Many employers conduct background checks, and an expunged record helps you compete on a level playing field.
• Housing Access: Landlords frequently screen applicants’ criminal histories, and clearing your record removes one of the biggest barriers to finding a home.
• Professional Licensing: Certain state licenses may be easier to obtain or renew after an expungement.
• Peace of Mind: Perhaps most importantly, expungement restores dignity and confidence, allowing you to move forward without constantly being judged for your past.

These benefits are even more meaningful as you approach a new year—making November the perfect time to get started.

Common Questions about Michigan Expungement

How Long Does the Expungement Process Take?

Typically, the process can take between three and six months, depending on the court’s schedule and the responsiveness of law enforcement agencies. By filing in November, you are more likely to complete the process or be scheduled for early in the new year, avoiding the delays that often happen after January 1.

Do I Need an Attorney for Expungement?

While you can technically file for expungement on your own, having an experienced Michigan expungement attorney increases your chances of approval dramatically. An attorney ensures that paperwork is completed correctly, deadlines are met, and legal arguments are properly presented at your hearing.

Can Multiple Convictions Be Expunged at Once?

Yes. Under Michigan’s current law, you can include multiple eligible offenses in a single petition if they meet the statutory criteria. However, the waiting period and nature of the offenses will affect how and when you can apply.

Will My Record Be Completely Gone?

Once expunged, your conviction is removed from public access databases used by employers, landlords, and educational institutions. However, law enforcement and certain government agencies can still view expunged records for background checks related to security clearance, firearm licensing, or subsequent criminal investigations.

Why Acting Now Makes Financial and Legal Sense

Waiting until January to file for expungement might seem harmless, but courts and attorneys face significant increases in workload after the new year. You could be waiting months longer than expected for your hearing. Meanwhile, potential job or housing opportunities could pass by.

By starting the process in November:

• You benefit from quicker document processing through the Michigan State Police.
• Court schedules are easier to secure before the holiday shutdowns.
• Your attorney can assemble documentation and letters of recommendation while fewer clients are applying.
• You’ll be ready to take advantage of any January openings for employment or certification programs.

Small timing differences often translate into months of real-world delays—so November can be your key to staying ahead.

How to Get Help with Michigan Expungement Before January

If you’re ready to clear your record or even just want to learn whether you qualify, don’t wait until the rush of the new year. Acting now gives you the best opportunity to complete essential steps before government offices slow down in December.

Attorney Aaron J. Boria has helped countless clients across Michigan set aside convictions and reclaim their futures. We understand exactly how the process works under the current version of the Michigan Clean Slate law and can guide you through every step of preparation, filing, and hearing representation.

Call (734) 453-7806 today for a free consultation or visit our criminal defense page for more information about how we can help you begin this life-changing process.

Our office proudly represents clients in Wayne, Oakland, Washtenaw, and surrounding counties. Whether your case is in Plymouth, Detroit, Ann Arbor, or Livonia, we can evaluate your