How to Expunge Your Criminal Record in Michigan

Expunging your criminal record in Michigan can be the key to unlocking new opportunities and leaving past mistakes behind. A criminal record can create barriers to employment, housing, education, and even personal relationships making it difficult to move forward. Fortunately, Michigan’s expungement laws, particularly under the Clean Slate Act, have made it easier for many individuals to clear eligible convictions and start fresh. Understanding the process is the first step toward reclaiming your future.

If you’ve ever wondered whether your past convictions can be removed from public view, you’re not alone. Expungement in Michigan allows certain criminal records to be “set aside,” meaning they won’t appear on most background checks. Recent legal reforms have expanded eligibility, giving more people a second chance. Whether you’re applying for a job, seeking professional licensing, or simply want peace of mind, this guide will walk you through everything you need to know about clearing your record in Michigan.

How to Expunge Your Criminal Record in Michigan

Understanding Expungement in Michigan

Expungement, also known as “setting aside” a conviction, allows individuals to seal certain criminal offenses from their public record. In Michigan, recent legal changes under the Clean Slate Act have expanded eligibility, making it easier for many to qualify. Expungement does not erase the conviction entirely but removes it from most background checks, giving individuals a better chance at rebuilding their lives.

Who Is Eligible for Expungement

Eligibility Based on Offense Type and Waiting Periods

Michigan’s expungement laws establish clear eligibility criteria based on offense severity and time elapsed since conviction, with misdemeanors generally becoming eligible three years after completing all sentencing requirements including probation or jail time, while felonies follow a tiered waiting period system where non-assaultive offenses typically qualify after five years, and certain assaultive crimes require seven years post-sentencing. The law maintains permanent exclusions for serious offenses that pose significant public safety concerns, categorically barring expungement for violent crimes like murder, criminal sexual conduct.

Limits on Multiple Convictions & Recent Legal Changes

Michigan’s groundbreaking Clean Slate Act (2021) dramatically reformed expungement eligibility by expanding opportunities for individuals with multiple offenses, now allowing up to three felony convictions to be expunged (excluding serious violent crimes like murder, criminal sexual conduct, and other high-level offenses), while completely removing previous limits on misdemeanor expungements meaning there’s no maximum number of eligible misdemeanors that can be cleared from one’s record. The law also introduced an innovative automatic expungement provision that systematically clears certain low-level marijuana convictions without requiring individuals to file petitions.

Step-by-Step Expungement Process

Determine Eligibility

Before filing for expungement, carefully review your complete criminal history using the Michigan State Police’s ICHAT system (Internet Criminal History Access Tool). This official database will show exactly which convictions appear on your public record, allowing you to verify eligibility and identify any errors that need correction before beginning the expungement process.

Obtain Court Records

Obtain certified copies of your conviction records from the court where your case was heard, as these official documents serve as critical evidence for your expungement petition. Each certified copy typically requires a small fee, but they provide the verified documentation needed to support your application.

Complete the Expungement Application

Complete Michigan’s official Motion to Set Aside Conviction form carefully detailing your case history, rehabilitation progress, and justification for expungement. The form requires specific legal language – consider consulting Michigan’s Approved Form Language guide or an attorney to ensure proper completion.

File the Motion

File your completed expungement paperwork at the same courthouse where your original conviction was handled, including payment of the required filing fee (typically $50-$150 depending on jurisdiction). Many courts now allow electronic Criminal Record but verify acceptable filing methods with the clerk’s office first.

Serve the Prosecuting Attorney

Michigan law requires serving the prosecutor with your expungement paperwork, giving them 63 days to file any objections to your Criminal Record. This ensures due process while allowing law enforcement to protect public safety interests. If prosecutors contest your application, the court will schedule a hearing where you’ll need to present evidence of rehabilitation. Strong documentation of your post-conviction conduct often persuades prosecutors to withdraw objections before this stage.

Attend the Hearing

The judge conducts a thorough review of your expungement petition, examining your post-conviction conduct, rehabilitation efforts, and any victim impact statements. They must determine if setting aside your conviction serves both justice and public interest. Factors weighing in your favor include clean post-conviction record, steady employment, community contributions, and demonstrated Criminal Record. The court balances these against the original offense’s severity when making its decision.

Benefits of Expungement

Clearing your record can significantly improve job prospects, housing opportunities, and professional licensing eligibility. Employers and landlords often conduct background Criminal Record, and an expunged record means past mistakes won’t dictate your future.

Common Challenges and Tips

Overcoming Prosecutor Objections

Prosecutors often oppose expungement petitions when they deem the original conviction too severe, when applicants have recent offenses on their Criminal Record, or when they perceive potential risks to public safety—with some offices maintaining blanket opposition policies for certain crime categories regardless of an individual’s rehabilitation efforts. To effectively counter these objections, applicants should compile robust evidence demonstrating personal transformation, including documentation of stable employment or educational pursuits, certificates showing completion of court-ordered or voluntary treatment programs, notarized character references from reputable Criminal Record.

Addressing Incomplete Records and Delays

Thorough documentation is absolutely critical for a successful expungement petition in Michigan. Begin by obtaining your complete criminal history through the Michigan State Police’s ICHAT system and meticulously cross-reference it with official court records to identify any discrepancies paying particular attention to case numbers, dates, and specific charges which must match exactly across all documents. Secure certified copies of all disposition documents from the relevant Criminal Record, including not just convictions but also dismissals or acquittals, as these provide a complete picture of your record. Should you encounter missing or incomplete files, promptly file the necessary motions with the court to reconstruct these records.

Read More: What to Expect at Your First Meeting with a UK Lawyer

Conclusion

Expunging your criminal record in Michigan is a powerful step toward rebuilding your life and securing a brighter future. By clearing eligible convictions, you can remove barriers to employment, housing, and education, allowing you to move forward with confidence. Michigan’s expanded expungement laws under the Clean Slate Act have made this opportunity accessible to more people than ever before, offering a true second chance to those who have demonstrated rehabilitation.

While the process may seem daunting, taking it one step at a time can led to life-changing results. Whether you handle the paperwork yourself or seek legal assistance, expunging your criminal record in Michigan is an investment in your freedom and peace of mind. Don’t let past mistakes define your future take action today and unlock the doors to new opportunities.

FAQs

How long does expungement take in Michigan?

The process typically takes 6-12 months, depending on court delays and whether a hearing is required.

Can I expunge a DUI in Michigan?

Most DUIs cannot be expunged, but first-time OWI offenses may qualify under certain conditions.

Will expungement restore my gun rights?

No, expungement does not automatically restore firearm rights; a separate legal process is required.

Do I need a lawyer for expungement?

While not mandatory, an attorney can improve your chances of success, especially if the prosecutor objects.

What happens if my expungement is denied?

You may reapply after addressing the reasons for denial (e.g., waiting longer, providing more evidence of rehabilitation).