A prior criminal conviction can present lifelong barriers to employment, housing, educational opportunities, and professional licensing. With the passage of Michigan’s bipartisan Clean Slate legislation (2020 PA 187–193) and subsequent amendments including 2021 PA 78, Michigan significantly broadened the scope of convictions eligible to be set aside.
What Does an Expungement (Set-Aside) Do?
In Michigan, an expungement is officially known as “setting aside a conviction” under MCL 780.621 et seq.
When a court grants an order setting aside a conviction:
- The conviction is removed from your public criminal history record.
- Standard background checks utilized by employers, landlords, and educational institutions will no longer reflect the conviction.
- With narrow statutory exceptions (such as law enforcement applications or specific professional licensing boards), you may lawfully state that you have not been convicted of that crime.
Eligible Offenses and Statutory Limits
Under MCL 780.621:
- An individual may petition to set aside up to three felonies in their lifetime.
- No more than two assaultive crimes may be set aside.
- No more than one felony punishable by more than 10 years imprisonment may be set aside.
- There is no lifetime numerical limit on setting aside non-assaultive, eligible misdemeanors.
- First-offense OWI (Operating While Intoxicated): Under 2021 PA 78 (effective February 19, 2022), one lifetime first-offense OWI conviction is eligible for set-aside by application, provided it did not cause serious injury or death.
Non-Eligible Offenses
Certain convictions cannot be set aside under Michigan law, including:
- Felonies punishable by life imprisonment.
- Most Criminal Sexual Conduct (CSC) convictions.
- Traffic offenses involving serious impairment or death, or offenses committed by commercial driver license (CDL) holders operating commercial vehicles.
Waiting Periods Under MCL 780.621d
The statutory clock before filing an application begins after the latest of: imposition of sentence, completion of probation, discharge from parole, or completion of incarceration.
- Misdemeanors: 3 years
- Serious misdemeanors and one felony: 5 years
- Multiple felonies: 7 years
- First-offense OWI: 5 years
The Petition Process
Setting aside an assaultive crime, serious misdemeanor, felony, or OWI is never automatic—it requires a formal petition filed in the sentencing court, fingerprinting through the Michigan State Police, notice to the prosecuting attorney and Attorney General, and a formal court hearing before the judge. The judge has discretion to grant or deny the petition based on your rehabilitation and whether the set-aside is consistent with the public welfare.
If you are seeking to clear your Michigan criminal record, contact the Law Offices of Joseph A. Simon at (734) 887-6200 for a full eligibility evaluation.
Joseph A. Simon
Solely focused on criminal defense for more than 40 years. Defending individuals charged with felonies, misdemeanors, and drunk driving across Washtenaw County, Wayne, Oakland, Livingston, and throughout Southeast Michigan.