What Is Expungement and Why Does It Matter?

Expungement refers to the legal process of setting aside or sealing a criminal conviction in the eyes of the law. While the record technically still exists, it will not appear in most background checks conducted by employers, landlords, or financial institutions. That means your past conviction doesn’t have to be a roadblock every time you apply for a job, a rental unit, or a professional license.

Michigan’s expungement process formally refers to this as "setting aside a conviction," and the point is to allow people who have demonstrated that they’ve changed the opportunity to live without their past dragging them down.

Why Now? Key Changes in Michigan Law That Make It Easier

Historically, the expungement process in Michigan was limited. Only a select few individuals met the strict eligibility requirements, and applicants could only seek to expunge a single conviction. But that changed with the introduction of the Clean Slate law, which was signed into law in 2020 and implemented beginning in 2021 and 2023 in various phases.

Key Updates Under the Clean Slate Law

• More Convictions Eligible: Michigan now allows you to set aside multiple convictions. Up to three felonies and an unlimited number of misdemeanors can be expunged under certain conditions.
• Waiting Periods Reduced: The law reduced the waiting periods for eligibility. For misdemeanors, you can seek expungement after three years. For felonies, the waiting period is now five years (for eligible individuals).
• Automatic Expungement: Starting April 2023, some convictions are automatically set aside by the state after a period of time — no application necessary. However, this only applies to certain non-violent offenses and low-level charges.
• Increased Access: The new law made expungement accessible to more people than ever before, especially for crimes like marijuana possession that are no longer considered criminal under current law.

This is important news. If you’ve been told in the past that your record wasn’t eligible, it’s time to reconsider that advice. A significant number of individuals who used to be excluded are now eligible to clean up their record under the new law.

Who Is Eligible to Expunge a Record in Michigan?

Not sure if your record qualifies? Here’s a basic breakdown of who may be eligible for expungement under Michigan’s Clean Slate law:

• No more than three felonies and unlimited misdemeanors (with exceptions)
• Offenses must not be excluded — for example, criminal sexual conduct, traffic offenses causing injury or death, and certain violent crimes are not eligible
• Waiting periods for eligibility must be met (3, 5, or 7 years depending on the offense and whether there are multiple offenses)

It’s important to understand that every case is unique. Even if your offense appears ineligible at first glance, there may still be a legal path forward depending on how the charge is classified and the specifics of your case.

How the Clean Slate Law Can Improve Your Life

The benefits of expungement go far beyond simply clearing your legal record. Here’s how it can make a real difference in your everyday life in Michigan:

• Employment Opportunities: With an expunged record, you’re no longer legally required to disclose criminal history for most jobs, which can open the door to better-paying and more stable employment.
• Housing Access: Many landlords perform background checks. An expunged record means fewer denials and more options.
• Professional Licensing: Crimes on your record may prevent you from obtaining professional licenses. Getting your record cleared can restore these career paths.
• College Admissions and Financial Aid: Some universities screen for criminal history. Expungement reduces the risk of denial from educational programs and scholarships.
• Peace of Mind: Perhaps most importantly, clearing your record allows you to move forward. You don’t have to mark that box anymore or explain your past at every turn.

These are the kinds of changes that don’t just affect you — they affect your family, your community, and your future. And they’re now legally within reach in Michigan.

What’s the Difference Between Automatic and Manual Expungement?

Michigan’s Clean Slate law introduced the revolutionary concept of automatic expungement, but it's important to understand that it doesn't apply to everyone or every conviction. Here’s a breakdown:

Automatic Expungement:

• Applies only to non-assaultive, lower-level felonies and misdemeanors
• Up to two felonies will be automatically expunged 10 years after sentencing or release
• Up to four misdemeanors will be expunged automatically after 7 years
• No conviction on your record in the interim for eligibility

Manual Expungement:

• Required for convictions not covered under automatic eligibility
• Required if you want to expedite the process before the 7 to 10 year auto-expungement window
• Allows you to proactively review and select which convictions to expunge

If you have more serious charges or simply don’t want to wait, you’ll need to apply for expungement manually through the court. That’s where a knowledgeable attorney makes all the difference.

How the Expungement Process Works in Michigan

Here’s a simplified version of what the expungement process entails if you’re filing manually:

1. Obtain Your Criminal Record

You can request this through the Michigan State Police (MSP) ICHAT system. You'll need a fingerprint card and identification.

2. Determine Eligibility

This is often best done with the help of an experienced attorney who can review your criminal record and confirm what falls within current guidelines.

3. File the Application

You'll file your petition to set aside convictions with the court where the conviction occurred, pay any associated fees, and notify the prosecutor and Michigan State Police.

4. Attend a Hearing

The court will schedule a hearing. This is your chance to show the judge how you’ve changed and why your record should be cleared. We'll be right there with you.

5. Judge’s Ruling

If the judge is convinced that you're a good candidate for expungement and no legal objections stand in the way, your record will be officially set aside.

This process may seem intimidating, but with proper guidance, it’s often smoother than you might think. Having someone in your corner who knows the ropes matters a lot here.

Why You Need a Criminal Defense Attorney for Expungement

While some individuals may try to navigate the expungement process alone, the best way to protect your chances of success is with a knowledgeable criminal defense lawyer. Mistakes in paperwork or procedure can delay results or lead to a denial.

At Boria Law, we’ve helped countless people successfully clear their records and move forward. We know how Michigan courts handle these cases — and more importantly, we know what judges are looking for. Our job is to put your best foot forward so the expungement you deserve isn’t denied on a technicality.

If you’re ready to change your life, contact us at (734) 453-7806. We offer free consultations over the phone or in-person at our Plymouth office. 

Take Action Today — Start Fresh

We say this all the time because it’s true: your past doesn’t have to define your future. If you’re living with the weight of a criminal conviction, now — more than ever — is the best time to clear that record and embrace the future you deserve. Thanks to recent Michigan law reforms, you may be eligible for a clean slate even if you were denied before.

So don’t wait. The sooner you get started, the sooner you can enjoy the freedom of a clean record — at work, at home, and in life.

Call (734) 453-7806 to speak with criminal defense lawyer Aaron J. Boria, or schedule your consultation online. Let’s talk about your case and walk you through what it will take to finally put the past behind you.

A fresh start is just a phone call away.