How to File for Expungement in Michigan

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.

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.