Who Qualifies for Expungement in Michigan?

Before diving into what happens at your expungement hearing, it’s important to understand who qualifies for expungement. Not every conviction is eligible. Fortunately, as of April 2021, Michigan significantly broadened the expungement laws under the "Clean Slate" initiative. This means more people than ever before now qualify to have their records wiped clean.

Here’s a quick breakdown of eligibility:

• Most misdemeanors and nonviolent felonies can be expunged.
• You can expunge up to 3 felonies and an unlimited number of misdemeanors in some cases.
• There’s typically a waiting period—3, 5, or 7 years—after your sentence is completed, depending on the offense.
• Certain crimes, such as those punishable by life in prison or involving child abuse or human trafficking, are not eligible.
• Some marijuana-related misdemeanors can be automatically set aside.

If you’re unsure whether your conviction qualifies, reach out to a qualified Michigan criminal defense attorney to review your specific case.

Filing the Petition for Expungement

The expungement hearing doesn’t happen until you complete a number of steps. The first is filing a petition with the court. This includes gathering your criminal record, getting your fingerprints done, and serving notices on the Michigan State Police, the prosecutor who handled your original case, and the Michigan Attorney General.

Here’s what you need to file:

• A completed Application to Set Aside Conviction (form MC 227)
• Certified copies of your conviction and sentence records
• Proof you’ve served notice on all required agencies
• Your fingerprint card (RI-008)

This paperwork is reviewed, and if there are no glaring issues, a hearing date will be set by the court where your conviction took place. That’s when things get real.

What Happens Before the Hearing?

Once your hearing is scheduled, you're notified by mail. Make sure you don’t miss it—this is your one shot to appear in court and explain why your conviction should be set aside. If you don’t show up, your case could be dismissed entirely.

In the days leading up to the hearing, the assigned judge will receive the petition as well as any objections from the original prosecuting attorney or the Attorney General. The Michigan State Police will send them your criminal background check.

At this point, legal representation is more important than ever. An experienced attorney can help you prepare your most compelling arguments and ensure your application is as strong as possible.

What to Expect at the Hearing

Expungement hearings in Michigan are held at the court where you were convicted. You will appear before a judge, and often the prosecutor assigned to your case will be present as well. It’s a formal legal proceeding, so being prepared is essential.

1. Dress Professionally and Show Respect

You don’t need to wear a suit, but you should dress neat and conservative. Remember, you’re asking the court to grant you a second chance. First impressions matter—both in what you wear and how you speak.

2. Be Ready to Answer Questions

The judge will want to hear why you think you deserve an expungement. Common topics include:

• Your behavior since the conviction
• Whether you’ve avoided further legal trouble
• Your current employment and community involvement
• The hardships your criminal record has created (job loss, housing issues, etc.)

Your attorney can help you prepare answers and rehearse what to say. The goal is to demonstrate remorse, personal growth, and that you pose no threat to society.

3. Objections from the Prosecutor

In some cases, the prosecutor may object to your expungement. Their reasons could be based on the nature of the crime, your behavior since the conviction, or public safety concerns. If that happens, your attorney will have the chance to respond during the hearing.

4. The Judge’s Decision

The judge can grant your expungement immediately, take it under advisement and decide later, or deny it outright. If granted, your record will be set aside, and it will no longer show up on background checks used for employment or housing. Note that law enforcement and the courts will still be able to view the record for internal purposes.

If denied, you can petition again after three years, but you’ll have to start the process over.

Do You Need a Lawyer for an Expungement Hearing?

The law doesn’t require you to have an attorney for your Michigan expungement hearing, but having one is strongly recommended. A skilled criminal defense lawyer knows how to present your petition in the most favorable light, prepare your testimony, anticipate objections, and answer tough questions from the judge.

There’s also a lot of paperwork that has to be done correctly for the court to even consider your petition. Any mistake could result in rejection or delays. An experienced attorney can prevent costly errors and maximize your chances of success.

If you're ready to leave your past behind, call Michigan expungement lawyer Aaron J. Boria at (734) 453-7806 today for a free consultation. We’ve helped people across the state seal their records and take back control of their future.

What Happens After the Hearing?

If the judge signs the order to set aside your conviction, you’re not done just yet. The order must be sent to the Michigan State Police and to the prosecutor’s office so that the record update can be processed. This usually takes several weeks.

Once the expungement is finalized, your criminal conviction should no longer appear in most background checks. That means better chances at landing a job, finding housing, applying for loans, and rebuilding your life.

However, keep in mind that some agencies (like law enforcement and certain licensing boards) will still have access to expunged records. So while it’s not erased from existence, it is effectively sealed from public view.

What About Automatic Expungement?

In 2023, Michigan launched automatic expungement as part of its Clean Slate framework. This means that for certain misdemeanors and low-level felonies, the court can automatically set convictions aside without you filing a petition.

Here’s what qualifies:

• Up to 2 eligible felonies automatically expunged after 10 years
• Unlimited eligible misdemeanors expunged after 7 years
• No new convictions during the waiting period

However, automatic expungement is not guaranteed, and not every offense is included. Plus, delays in the government’s data systems mean your record could still show up even if it’s marked for automatic expungement. Filing a traditional petition is still the most reliable way to clean your record completely and quickly.

Conclusion

Getting your record expunged in Michigan is a powerful step toward reclaiming your future. But the expungement hearing is a crucial piece of that puzzle. Show up prepared, dress appropriately, and be honest with the judge. Tell your story—how you've grown, what you've achieved, and why you deserve a second chance.

Having the right legal help can make all the difference. At Boria Law, we’ve walked countless clients through the Michigan expungement process—and we’re here to do the same for you. If you’re ready to talk, call us at (734) 453-7806 or visit our criminal defense attorney page to learn more.

You deserve to move forward without your past holding you back.