What Does it Mean to Set Aside a Conviction in Michigan?

An expungement in Michigan is known legally as setting aside a conviction. When a conviction is set aside, it's removed from public view and kept confidential. Although it still exists for purposes like law enforcement background checks and federal immigration enforcement, it no longer appears when employers, landlords, or licensing boards conduct background checks.

Michigan's Clean Slate legislation, which came into full effect in 2021, has expanded eligibility for expungement. This new law allows individuals with certain misdemeanors and felonies to set aside convictions either through application or automatically in some cases.

Eligibility Criteria: A Quick Recap

Before filing, it’s crucial that you meet the eligibility requirements. These include:

• You must wait a required period—usually 3, 5, or 7 years—depending on the conviction type and number.
• Not all convictions are eligible. Most traffic offenses, violent crimes, and criminal sexual conduct are excluded.
• You must not have any new criminal charges or convictions pending.

If you’re unsure about your eligibility, it’s best to discuss your situation with an experienced Michigan expungement lawyer.

Step-by-Step Guide: What Happens After You File

Step 1: Gathering and Submitting Application Materials

If you’re reading this, you may have already submitted your application to set aside your conviction. You should have included:

• A completed form (MC 227: Application to Set Aside Conviction)
• Fingerprint card (RI-008)
• Certified records of conviction from the court
• Payment for processing (currently $50 to the Michigan State Police)
• Copies of the application sent to the court, prosecutor’s office, and Michigan State Police (MSP)

Once all documents have been sent, the waiting begins—but don’t worry, we've outlined what happens during this period.

Step 2: Review by Michigan State Police

The Michigan State Police will review your application and perform a criminal background check. MSP prepares a report that verifies:

• Your criminal record
• Whether any convictions disqualify you
• Whether you’ve complied with the application process

MSP then forwards their findings to the court where the application was filed and to the prosecutor’s office involved in your case. This process can take anywhere from 2 to 4 months, depending on MSP’s backlog.

Step 3: Prosecutor Review

The county prosecutor has the option to file an objection to your application. This will usually occur if:

• You are ineligible based on prior convictions
• The prosecutor believes justice wouldn’t be served by granting the motion
• The application was improperly filled out or submitted

If the prosecutor objects, they must do so in writing and provide their reasons. As your attorney, we would have an opportunity to respond.

Step 4: Scheduling a Hearing

Next, the court will schedule a hearing date. This can vary greatly depending on the backlog and location of the court, but you can expect a hearing to be set within 4 to 6 months after filing your application.

At the hearing, a judge will listen to arguments from both sides and ask questions about your rehabilitation, employment, community involvement, and goals for the future. You must attend this hearing unless otherwise waived by the court.

Step 5: Preparing for Your Expungement Hearing

The expungement hearing is your chance to make your case in front of the judge. Preparation is key. Strong expungement cases typically include:

• Evidence of rehabilitation (letters of recommendation, employment, educational accomplishments, community service)
• Personal statement or testimony that shows why you deserve a fresh start
• Documentation of any hardships the conviction has caused (difficulty in obtaining employment or housing)

If you’re working with an expungement attorney, they’ll help organize your materials and prepare you for what to say in court.

Step 6: The Hearing Itself

The hearing is generally informal but important. It will typically follow this format:

1. The judge introduces the matter and asks for appearances.
2. You or your lawyer presents the case for expungement.
3. The prosecutor may provide an objection or statement.
4. The judge asks questions and makes a ruling or takes the matter under advisement.

The judge might approve or deny your petition right on the spot, or they might take additional time to make a decision.

What Happens After the Judge Makes a Decision?

If Your Petition Is Granted

Once the judge signs the order to set aside your conviction, it becomes official. From there, the court processes the order and updates their records. The order is also sent to:

• Michigan State Police for record updating
• Any other relevant state databases

The conviction no longer appears on your public criminal background check, giving you a clean slate moving forward. However, allow 1–2 months for all systems to reflect the change.

If Your Petition Is Denied

Don't panic. A denial is not necessarily the end of the road. Common reasons for denial include:

• Ineligibility due to criminal history
• Pending charges
• Procedural mistakes in your application

If your application is denied, the judge will explain the reason. Depending on the issue, you may be able to fix it and reapply. Under Michigan law, you typically must wait three years before reapplying if denied based on the merits of the case.

Automatic Set Asides: Do They Affect Me?

Michigan law also provides for automatic expungements for certain offenses after a clean period—seven years for misdemeanors and ten years for felonies. However, this process only applies to eligible offenses and often does not include more serious or multiple convictions.

If your conviction doesn’t qualify for automatic expungement—or if you don’t want to wait that long—filing a petition is still your best option.

Common Mistakes to Avoid

The expungement process is paperwork-heavy and requires strict adherence to deadlines and procedures. Here are some common pitfalls:

• Failing to include all required documents or signatures
• Not sending copies to all necessary parties (especially the prosecutor and MSP)
• Trying to expunge ineligible convictions or applying too early
• Being unprepared for the hearing

A competent Michigan criminal defense attorney can help ensure you avoid these headaches.

Need Help With Your Expungement?

Getting a criminal conviction set aside in Michigan is possible, and it’s more accessible now than it’s ever been. Still, the process isn’t always easy. If you’re feeling overwhelmed or unsure, you’re not alone.

Attorney Aaron J. Boria has successfully guided countless clients through the expungement process. We know what it takes to give you the best chance at a successful result. Whether you're in Plymouth, Canton, Livonia, or anywhere in Michigan, we're here to help.

If you're ready to clear your record, don’t wait. Call (734) 453-7806 today for a free consultation. We’ll review your case, help you understand your options, and fight to give you a second chance.

Final Thoughts

After filing your application to set aside a conviction in Michigan, the process involves several steps, from state and prosecutor review to a court hearing and final decision. While some patience is required, the reward of a clean record can’t be overstated.

By understanding each phase of the expungement process and preparing properly, you give yourself the best chance of success. If you’ve been carrying around a criminal conviction that no longer defines who you are, setting it aside may be the most important legal step you take.

Your future matters. Take control of it today.