Michigan Expungements

Expungements

Michigan's Clean Slate package (2020 PA 187–193), effective April 11, 2021, expanded who may petition to have a conviction set aside under MCL 780.621. A separate law, 2021 PA 78, opened first-offense OWI convictions to a set-aside on February 19, 2022. If convictions have kept you from jobs, housing, or professional licenses, you may be eligible. We evaluate your eligibility, prepare your petition, and represent you at the hearing.

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What a Set-Aside Does

Setting aside a conviction under MCL 780.621.

An expungement — called "setting aside a conviction" in Michigan — removes a conviction from your public criminal history. Once it is set aside, the conviction cannot be used against you in most employment, housing, or licensing decisions. Employers running standard background checks will not see it, and with narrow exceptions you may answer "no" on job and rental applications that ask about convictions.

The Clean Slate package expanded eligibility. A person may have up to three felonies set aside in a lifetime, with no more than one felony punishable by more than 10 years and no more than two assaultive crimes (MCL 780.621(1)(b)); misdemeanors are not capped in the same way. Certain convictions began to be set aside automatically in 2023, but assaultive crimes and serious misdemeanors are excluded from automatic relief under MCL 780.621g(10), and a first-offense OWI is never automatic — those always require an application, a background check, and a hearing. A set-aside is discretionary: the court must find that granting it is consistent with the public welfare, so it is never guaranteed.

What a Set-Aside Changes

Employment

private employers running standard background checks do not see it

Housing

landlords screening applicants do not see it

Licensing

most licensing authorities no longer see it, though some boards still require disclosure

Schools

programs reviewing a standard background check do not see it

Firearm rights

a set-aside can lift the federal prohibition under 18 U.S.C. 922(g)(9), per 18 U.S.C. 921(a)(33)(B)(ii)

Application answers

with narrow exceptions, you may state that you were not convicted of the offense

Waiting Periods Under MCL 780.621d

Waiting periods before you can file.

Offense Type	Waiting Period
Most misdemeanors	3 years
Serious misdemeanors, including domestic assault (MCL 780.811(1)(a))	5 years
One felony	5 years
More than one felony	7 years
First-offense OWI — one in a lifetime, by application only	5 years
Marihuana misdemeanors	Separate application process

Under MCL 780.621d(2) the waiting period runs from the last of these events: imposition of the sentence, completion of probation, discharge from parole, or completion of any term of imprisonment. Waiting periods vary with the offense and your full record. This table is a general summary, not legal advice about your case.

Our Expungement Process

How we handle your expungement.

Eligibility Review

We pull your complete Michigan criminal history and analyze every conviction against MCL 780.621 — which convictions may be set aside, which are excluded under MCL 780.621c, how the lifetime caps apply, and whether a first-offense OWI qualifies under 2021 PA 78. You know where you stand before filing anything.

Petition Preparation

We prepare a complete application to set aside a conviction, including the application form, fingerprints, certified court records, and a statement on your behalf. Errors in the petition delay the process by months, so we assemble it carefully the first time.

Court Representation

Michigan set-asides require a hearing before the sentencing judge or that judge's successor. The prosecuting attorney and the Michigan State Police both receive notice and may object. We appear at the hearing, present your conduct since the conviction, and address any objection. The decision is discretionary — the court must find that a set-aside is consistent with the public welfare.

Record Cleanup After Grant

An order setting aside a conviction does not update every database on its own. We follow up with the Michigan State Police, the FBI, and court records to confirm the conviction is properly set aside in the systems background check providers draw from. Setting aside a traffic offense does not remove it from your Secretary of State driving record, and we explain what changes and what does not.

Common Questions

Expungement questions answered.

What convictions cannot be set aside in Michigan?

MCL 780.621c lists convictions that cannot be set aside, including felonies punishable by life, most criminal sexual conduct convictions, child abuse, human trafficking, and terrorism offenses. Drinking-and-driving convictions are handled separately: the 2020 Clean Slate package expressly barred them, and it was a later law — 2021 PA 78, effective February 19, 2022 — that allowed one first-offense OWI-type conviction to be set aside by application. An OWI causing serious injury or death is not eligible, and neither is an offense committed by a CDL holder operating a commercial vehicle. If a conviction is excluded, we look at whether a lesser-included or amended conviction from the same case might be eligible, and whether a pardon or other relief may be available.

How long does the expungement process take?

From filing the application to the hearing commonly takes several months in Michigan courts. The Michigan State Police and the prosecuting attorney are served with the application and must be given time to respond, and court scheduling adds more. After a hearing at which the set-aside is granted, the court and the Michigan State Police update their records. We begin the work as soon as you retain us and keep you informed at each stage.

Will a set-aside conviction show up on a background check?

Once the order is properly processed, a set-aside conviction does not appear on the standard background checks used by employers, landlords, or licensing boards. It remains available to law enforcement and can be considered in a later criminal sentencing. Some private database companies are slower to update than government repositories, which is why our post-grant record cleanup step matters. Certain professional licensing boards may still require disclosure even of a set-aside conviction, and we advise clients on those exceptions.

Can I expunge a conviction from another state if I live in Michigan?

No. Michigan courts can only set aside Michigan convictions. To clear an out-of-state conviction, you must petition the court in the state where you were convicted, under that state's law. We can explain the Michigan process and refer you to counsel in other states when needed. If you have both Michigan and out-of-state convictions, we evaluate the Michigan ones for eligibility and discuss how the out-of-state record affects your overall profile.

Is a set-aside guaranteed if I meet the requirements?

No. Meeting the waiting period and the eligibility rules lets you apply; it does not entitle you to relief. Under MCL 780.621 the court must be satisfied that the applicant's conduct and the circumstances warrant a set-aside and that granting it is consistent with the public welfare. The prosecuting attorney may object. Certain convictions are set aside automatically, but assaultive crimes and serious misdemeanors are excluded from automatic relief under MCL 780.621g(10), and a first-offense OWI is never automatic — those always require an application and a hearing.

Consultation

Speak with an Ann Arbor expungement lawyer.

Michigan's set-aside law under MCL 780.621 now reaches more convictions than it once did. A review of your record shows whether yours may qualify.

Request a Confidential Consultation Call (734) 887-6200