How do I expunge a criminal record in Michigan?

Q: How do I expunge a criminal record in Michigan?

Michigan record relief is governed by the Michigan Set-Aside Act (MCL 780.621 et seq.) as amended by the Clean Slate package (PA 187-193 of 2020) . 1. Automatic Expungement (Effective April 11, 2023) - Up to 2 felonies and 4 misdemeanors automatically set aside without petition. - Misdemeanors : 7 years from sentencing. - Felonies : 10 years from sentencing or release from incarceration (whichever is later). - No new felony convictions during waiting period. 2. Excluded from Automatic Expungement - Assaultive crimes (MCL 770.9a). - Serious misdemeanors (MCL 780.811). - Crimes punishable by 10+ years. - Crimes involving a minor, vulnerable adult, injury, or intent to injure. - Traffic offenses (most). - Human trafficking, sex offenses. 3. Petition-Based Set-Aside — MCL 780.621 - Up to 3 felonies and unlimited misdemeanors (with restrictions on serious offenses). - Waiting periods (from completion of sentence) : - 3 years for one misdemeanor. - 5 years for serious misdemeanors or one felony. - 7 years for multiple felonies. - Excludes convictions for life-maximum offenses, traffic offenses (except some), and offenses requiring sex offender registration. 4. Marijuana Convictions — MCL 780.621e - Presumptively expungeable if the conduct would not be a crime under current law (post-Prop 1 of 2018 / MRTMA). - Rebuttable presumption — DA must show by preponderance the conduct would still be illegal. 5. Procedure - For petition: Form MC 227 (Application to Set Aside Conviction). - File in convicting court; serve prosecutor, AG, and Michigan State Police. - $50 filing fee paid to MSP for fingerprint check. - Hearing required; court considers circumstances and behavior since conviction. 6. Effect - Set-aside conviction is treated as if it never occurred for civil purposes. - Available to law enforcement and certain licensing agencies. This is legal information, not legal advice.

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Accepted Answer

Michigan record relief is governed by the Michigan Set-Aside Act (MCL 780.621 et seq.) as amended by the Clean Slate package (PA 187-193 of 2020).

1. Automatic Expungement (Effective April 11, 2023)

Up to 2 felonies and 4 misdemeanors automatically set aside without petition.

Misdemeanors: 7 years from sentencing.

Felonies: 10 years from sentencing or release from incarceration (whichever is later).

No new felony convictions during waiting period.

2. Excluded from Automatic Expungement

Assaultive crimes (MCL 770.9a).

Serious misdemeanors (MCL 780.811).

Crimes punishable by 10+ years.

Crimes involving a minor, vulnerable adult, injury, or intent to injure.

Traffic offenses (most).

Human trafficking, sex offenses.

3. Petition-Based Set-Aside — MCL 780.621

Up to 3 felonies and unlimited misdemeanors (with restrictions on serious offenses).

Waiting periods (from completion of sentence):

- 3 years for one misdemeanor.

- 5 years for serious misdemeanors or one felony.

- 7 years for multiple felonies.

Excludes convictions for life-maximum offenses, traffic offenses (except some), and offenses requiring sex offender registration.

4. Marijuana Convictions — MCL 780.621e

Presumptively expungeable if the conduct would not be a crime under current law (post-Prop 1 of 2018 / MRTMA).

Rebuttable presumption — DA must show by preponderance the conduct would still be illegal.

5. Procedure

For petition: Form MC 227 (Application to Set Aside Conviction).

File in convicting court; serve prosecutor, AG, and Michigan State Police.

$50 filing fee paid to MSP for fingerprint check.

Hearing required; court considers circumstances and behavior since conviction.

6. Effect

Set-aside conviction is treated as if it never occurred for civil purposes.

Available to law enforcement and certain licensing agencies.

This is legal information, not legal advice.