Michigan Expungement Laws: How to Clear or Seal a Criminal Record

Michigan's process is called "setting aside" a conviction (often called expungement). A set-aside conviction is removed from public records, but the Michigan State Police keep a nonpublic record that only certain agencies can see. Michigan has set-aside by application, automatic set-aside under the "Clean Slate" law, a special process for misdemeanor marijuana offenses, set-aside of juvenile adjudications, and pardons from the Governor.

If charges are dismissed before trial, the arrest record must be removed from the state's public internet criminal history tool (ICHAT). If the prosecutor agrees, or if neither the prosecutor nor the judge objects within 60 days after the dismissal order, the arrest record, fingerprints and biometric data must be expunged or destroyed and the charge removed from the law enforcement network (LEIN). Fingerprints and arrest cards must also be destroyed after a not-guilty finding, or when a person is released without charges. Exceptions apply for certain sex offenses and offenses against children, and for people with prior convictions.

A person may apply to set aside misdemeanor convictions 3 years after the sentence, any jail term or probation ends, whichever is last. The wait is 5 years for a "serious misdemeanor" (as defined in the crime victims' rights law), a first offense of operating while intoxicated, or a misdemeanor assaultive crime. There must be no pending charges and no new conviction during the waiting period. No more than 2 assaultive-crime convictions can be set aside in a lifetime. The court decides whether the person's behavior since conviction warrants it and whether it is consistent with the public welfare; set-aside is a privilege, not a right. A denied applicant generally must wait 3 years to reapply.

A person with up to 3 felony convictions (and any number of misdemeanors) may apply to set aside all Michigan convictions. The wait is 5 years for 1 felony and 7 years for more than 1 felony, counted from the sentence, probation, parole or prison term, whichever ends last. Limits: no more than 2 assaultive-crime convictions in a lifetime, and no more than 1 felony for the same offense if it is punishable by more than 10 years. Not eligible: felonies punishable by life imprisonment, certain child abuse, child sexually abusive material and criminal sexual conduct offenses, human trafficking and terrorism offenses, and felony domestic violence when the person has a prior domestic violence misdemeanor.

Yes. Under the Clean Slate law, which the Michigan State Police say took effect April 11, 2023, eligible convictions in the state police database are set aside without an application. Misdemeanors are set aside 7 years after sentencing, and felonies 10 years after sentencing or release from prison, whichever is later. The person must have no pending charges and no new conviction during the waiting period. Lifetime limits are 2 felonies and 4 misdemeanors punishable by 93 days or more; there is no limit for misdemeanors punishable by 92 days or less. Not covered: assaultive crimes, serious misdemeanors, crimes of dishonesty, offenses punishable by 10 or more years, certain offenses involving a minor, vulnerable adult, injury or death, human trafficking offenses, people with more than one assaultive-crime conviction, and first-offense OWI. An automatic set-aside can be reinstated in some situations.

Only a first operating-while-intoxicated offense can be set aside, by application, 5 or more years after the sentence ends. A person may do this only once in a lifetime. The court may consider whether the person took part in or benefited from rehabilitative or educational programs. Other OWI convictions, traffic offenses causing injury or death, and commercial-vehicle offenses cannot be set aside. OWI is not set aside automatically, and setting aside a traffic offense does not remove it from the Secretary of State driving record.

Most juvenile adjudications are set aside automatically 2 years after court supervision ends or when the person turns 18, whichever is later. Excluded are certain serious offenses listed in the law and offenses that would be life-maximum felonies for an adult. People can also apply to set aside adjudications 1 year after juvenile court jurisdiction ends, if they have no felony convictions. Limits: up to 1 felony-level and 2 misdemeanor-level adjudications, or 3 misdemeanor-level adjudications if there is no felony. The state police keep only a nonpublic record. The Michigan State Police say there is no processing fee for juvenile set-aside applications.

File an application to set aside the conviction, signed under oath, in the court where the conviction happened; use a separate application for each court. Include a certified record of each conviction and the required statements. Send a copy of the application, one set of fingerprints, a certified copy of the judgment or register of actions, and the $50 fee to the Michigan State Police, which checks state and FBI records and reports to the court (allow about 8 weeks). Serve the application on the Attorney General and the prosecuting attorney, who may contest it. Victims of assaultive crimes and serious misdemeanors are notified and may speak. The court may hold a hearing and require affidavits.

The application sent to the Michigan State Police must include a $50 processing fee (money order or check payable to the State of Michigan). No processing fee is required for juvenile set-aside applications. Automatic set-asides require no fee.

Once a conviction is set aside, the person is considered not to have been previously convicted for most legal purposes. The state police keep a nonpublic record that is available only to courts, judicial agencies, corrections, law enforcement, prosecutors, the Attorney General and the Governor, for limited purposes such as sentencing for a later felony, charging and plea decisions, law-enforcement or corrections hiring, judicial-branch licensing and pardon review. A set-aside conviction can still count as a prior offense for repeat-offender charges. It does not end sex offender registration for listed offenses, refund fines, or cancel restitution. It cannot be used as evidence in a negligent hiring claim. Others who share information about a set-aside conviction may be guilty of a misdemeanor.

The Governor may grant reprieves, commutations and pardons after conviction for all offenses except impeachment, with conditions the Governor sets and subject to procedures set by law. The Governor must report each grant and the reasons to the Legislature every year.

Yes. A person convicted of misdemeanor marijuana possession, use or paraphernalia offenses may apply to set them aside at any time. The law presumes the conduct would not have been a crime after December 6, 2018. If the prosecutor does not file an answer within 60 days, the court must set the conviction aside within 21 days. If the prosecutor objects, the prosecutor must prove by a preponderance of the evidence that the conduct would still be a crime, and the court rules after a hearing.