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Criminal Record Expungement

MichiganCriminal Expungement

Learn how to clear arrests and convictions from your criminal record in Michigan.

Clean Slate State

Michigan has automatic expungement laws. Some eligible records may be cleared without filing a petition.

At a Glance

FreeFiling Fee
YesFee Waiver
YesClean Slate
Check Eligibility →

Legal Terminology in Michigan

Expungement

set aside

Sealing

set aside

Eligibility Requirements

General requirements for criminal record expungement in Michigan.

Generally Eligible

Misdemeanor convictions (93+ days jail possible)
Felony convictions (non-violent, non-excluded)
Up to 2 felonies and 4 misdemeanors (93+ days) can be automatically set aside
Unlimited misdemeanors with less than 93 days possible jail time
Multiple offenses from same transaction within 24 hours count as one offense

Generally Not Eligible

Life Sentence Felonies

  • Any felony punishable by life imprisonment (MCL 780.621c(1)(a))
  • Any attempt to commit a felony punishable by life imprisonment

Criminal Sexual Conduct

  • Criminal Sexual Conduct 1st Degree (MCL 750.520b)
  • Criminal Sexual Conduct 2nd Degree (MCL 750.520c)
  • Criminal Sexual Conduct 3rd Degree (MCL 750.520d)
  • Criminal Sexual Conduct 4th Degree (MCL 750.520e)
  • Assault with intent to commit CSC (MCL 750.520g)

Child Abuse

  • Child abuse in the first degree (MCL 750.136b(3))
  • Child abuse in the second degree causing serious harm (MCL 750.136b(4))
  • Child abuse in the third degree (MCL 750.136b(5))
  • Child sexually abusive activity or material (MCL 750.145c)
  • Using internet to commit child sexually abusive activity (MCL 750.145d)

Human Trafficking

  • Human trafficking (MCL 750.462a - 750.462h)
  • Forced labor (MCL 750.462b)
  • Trafficking of minors (MCL 750.462e)
  • Kidnapping (MCL 750.349)
  • Child kidnapping (MCL 750.350)

Terrorism

  • All terrorism-related offenses (MCL 750.543a - 750.543z)
  • Material support for terrorism
  • Hindering prosecution of terrorism

Traffic Causing Death or Serious Injury

  • Operating while intoxicated causing death (MCL 257.625(4))
  • Operating while intoxicated causing serious impairment (MCL 257.625(5))
  • Reckless driving causing death (MCL 257.626(4))
  • Moving violation causing death (MCL 257.601d(1))

Other Permanently Ineligible

  • Offenses with more than 2 felony convictions (excluding same transaction rule)
  • Offenses with more than 4 misdemeanor convictions of 93+ days (excluding same transaction rule)
  • Offenses committed after April 11, 2021 that list expungement prohibition in statute

The 'same transaction rule' treats multiple offenses within 24 hours arising from the same transaction as one conviction for counting purposes.

Waiting Periods

Misdemeanor (93+ days possible jail) - Automatic7 years
Felony - Automatic10 years
Misdemeanor (<93 days possible jail) - Automatic7 years

Waiting periods typically start from completion of sentence, including probation.

The Process

1

Choose Automatic or Petition Process

Decide whether to wait for automatic expungement or file a petition

2

Obtain Your Criminal History (ICHAT Report)

Get official record of all convictions from Michigan State Police

1-2 weeks
3

Verify Sentence Completion and Payment

Confirm all parts of your sentence are complete

4

Complete Fingerprinting (Petition Only)

Get fingerprinted for the petition process

30 minutes
5

Complete Application (Petition Only)

Fill out the petition forms for expungement

2-3 hours
6

File Application with Circuit Court (Petition Only)

Submit your petition to the appropriate court

1 day
7

Serve Prosecuting Attorney and Attorney General (Petition Only)

Provide notice to required parties

1 week
8

Attend Court Hearing (Petition Only)

Appear before the judge

30 minutes to 1 hour
9

Receive Court Order or Automatic Notification

Get confirmation that your conviction is set aside

Automatic: processed in batches by MSP. Petition: 2-8 weeks after hearing

Legal Authority

MCL 780.621

Application to Set Aside Conviction

View source →
MCL 780.621a

Set Aside of Arrest Records

View source →
MCL 780.621b

Same Transaction Rule

View source →
MCL 780.621c

Ineligible Offenses

View source →
MCL 780.621d

OWI/DUI Expungement

View source →
MCL 780.621g

Automatic Set Aside

View source →
MCL 780.623

Effect of Set Aside

View source →

Eligibility Timeline Calculator

Find out exactly when you can file for expungement

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Need More Help?

Consider consulting with a legal aid organization or attorney for personalized guidance.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Laws change frequently. Consult a qualified attorney for advice about your specific situation.