What is Expungement in Michigan?

Expungement, also known as set aside, is the legal process of having a conviction removed from your public criminal record. In Michigan, once a conviction is expunged, it's as if it never happened—at least when it comes to most employers, landlords, and educational institutions.

This doesn’t mean the conviction is erased entirely. Police and courts will still have internal access for limited legal purposes (such as charging enhancements), but for the everyday person trying to get their life back on track, expungement can remove major barriers to employment and housing.

Clean Slate Michigan: Why Now is the Time

Michigan law around expungement underwent a major overhaul with the 2021 “Clean Slate” legislation. What makes now the best time to clear your record?

• More Crimes are Eligible: Many misdemeanors and even certain felonies that weren’t eligible before can now be set aside.
• Waiting Period is Shorter: For many people, the waiting period is as little as three years from the completion of sentence, parole, or probation.
• Automatic Expungement: As of April 2023, certain convictions are expunged automatically after a statutory waiting period, though not all are included, especially felonies.
• No Limit on Misdemeanors: You can now have an unlimited number of certain qualifying misdemeanors set aside.
• Up to 3 Felonies: In many cases, you can set aside up to 3 felony convictions (with some exceptions).

These reforms have opened doors that have never existed before. If you were ineligible for expungement in the past, you may qualify today.

The Benefits of Clearing Your Criminal Record

The impact of a criminal record can follow you long after your sentence is served. Here’s what expungement can help you achieve:

• Better Job Opportunities: Most employers conduct background checks. Clearing your record can drastically improve your chances of finding employment or moving up in your career.
• More Housing Access: Landlords often decline tenants with criminal records, regardless of how old or minor the conviction may be.
• Professional Licensing: Certain industries—healthcare, law, education—may be closed to those with criminal histories. Expungement opens them back up.
• Peace of Mind: There's a heavy burden to carrying a record. Knowing it’s expunged gives you confidence in job interviews, loan applications, and more.
• Improved Credit Approval: While a criminal record is different from a credit score, lenders often do background checks as part of approval processes.

At the heart of it—expungement is about giving people a real chance to be seen for who they are today, not who they were at their lowest moment.

Who is Eligible for Expungement in Michigan?

Eligibility varies depending on your overall record, the types of offenses, and when your convictions occurred. Here's a simplified breakdown:

Misdemeanors

Most non-assaultive misdemeanors are eligible for expungement. If it’s your only conviction, you may qualify for expungement just three years after your sentence ends.

Felonies

Up to three felonies may be expunged, assuming they don’t fall into the excluded categories. These typically require a five-to-seven-year waiting period.

Traffic Offenses

Certain traffic offenses can now be expunged, including Operating While Intoxicated (OWI) 1st offense, added in another groundbreaking change to the law starting in 2021. However, DUIs involving injury or death, and multiple OWIs, are still not eligible.

What’s Not Eligible?

• Crimes punishable by life imprisonment regardless of the sentence
• Second-degree criminal sexual conduct
• DUIs involving serious injury or death
• Terrorism-related offenses
• Child abuse in the second degree or higher

Remember that even if your crime is technically eligible under the law, the court has the discretion to grant or deny your petition depending on several factors—including your behavior since conviction.

The Michigan Expungement Process – What to Expect

Expungement in Michigan is not automatic in most cases (with a few exceptions). Here’s what the process typically looks like:

Step 1: Confirm Eligibility

This is the most crucial step. Many people assume their offense doesn’t qualify and never bother to look further. But with the new law, assumptions can be wrong. An experienced attorney can review your record and help you understand your options.

Step 2: Gather Required Documents

This includes a certified copy of your conviction record, an application to set aside conviction, and a fingerprint card. Your attorney can assist in making sure everything is correctly prepared and filed in the proper court.

Step 3: File the Application

Your petition gets filed with the court and served to the prosecutor’s office, the Michigan State Police, and the Attorney General. The prosecutor and AG have the opportunity to object, which makes having a solid legal argument essential.

Step 4: Attend the Hearing

If your petition is not part of the automatic expungement process, you will need to attend a hearing. The judge will consider your case, your rehabilitation since the incident, and any arguments made by the prosecutor or your attorney.

Step 5: Judge Issues Ruling

If granted, your conviction will be set aside and removed from public record databases. The entire process can take several months, but the results are worth it.

What About Automatic Expungement?

Michigan implemented automatic expungement in April 2023 for certain non-violent offenses:

• Up to two misdemeanors automatically expunged after 7 years
• Up to one felony automatically expunged after 10 years

But there are caveats. Not all convictions are eligible, and even if they are, delays or clerical errors can prevent expungement from appearing as “cleared” in background check systems. That’s why even if you're eligible for auto-expungement, working with an attorney may be the best way to ensure your record is actually updated correctly.

Why You Shouldn’t Wait to Start the Expungement Process

Many people hesitate to move forward because they’re unsure if they qualify, if it’s worth the expense, or if the process is too complicated. The truth is this: every day you delay is another missed opportunity. A clean slate can make an immediate impact on your ability to earn and live freely.

• Employers are more competitive than ever—background checks are part of nearly every hiring process.
• Landlords often have strict policies on renting to tenants with records.
• Increased online access makes your record more visible than ever.

If you're eligible, the courts are more supportive of expungement than ever before. Judges recognize that good people deserve the opportunity to move on from their past mistakes.

Get Help From a Michigan Expungement Attorney

The expungement process can be confusing, especially if it's your first time navigating the legal system. Between gathering records, filing documents, and appearing in court, it’s easy to feel overwhelmed. But you don’t have to go through it alone.

If you're ready to take the first step, criminal defense attorney Aaron J. Boria has years of experience helping Michigan residents clear their records under both the old and new expungement laws. He understands what prosecutors and judges look for, and can build the strongest case possible to get your record set aside.

You can call (734) 453-7806 today for a free consultation. We’ll review your case, tell you if you qualify, and walk you through the next steps—all with no pressure.

Conclusion

Life after a criminal conviction can feel like you're stuck in a system that won’t forgive your mistakes. But Michigan law is finally offering an open door for residents who want to move forward—and it’s wide open right now. Whether you're held back from your dream job, turned away from rental housing, or tired of being judged by a past mistake, expungement could be the clean slate you’ve been waiting for.

The laws have changed. Eligibility has expanded. And the process, while still legal and technical, is more accessible than ever. Don’t wait another day letting your criminal record define you. Take the first step toward your future. Let us help you get there.

Call (734) 453-7806 today to schedule your consultation with criminal defense attorney Aaron J. Boria and find out if you qualify for expungement.