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An Overview of Michigan’s Expungement Laws
Contents
Setting aside a conviction is the process that clears your public criminal record. This is sometimes called an “expungement.” In Michigan, there is one process to set aside a conviction on your adult record and a different process to set aside a juvenile conviction, called an adjudication. This article gives an overview of the laws that apply to setting aside an adult conviction. To learn about the application process, read Setting Aside an Adult Criminal Conviction. To learn more about setting aside a juvenile adjudication, read Setting Aside a Juvenile Adjudication.
A new set of expungement laws were passed in 2020. Most of these laws went into effect on April 11, 2021. These new laws increase the number of convictions people can have and still be eligible to set aside one or more convictions. A conviction is any misdemeanor or felony charge for which you were found guilty. You could have been found guilty by a judge or jury, or you might have signed a plea agreement stating that you were guilty of a crime.
The Benefits of a Clean Record
You may want to have a conviction set aside if you are looking for a new job or a professional license. Many employers and licensing boards will hold a conviction against you or use it to disqualify you. If your conviction is set aside, most employers will not be able to see it with a background check. The Michigan State Police will still keep a nonpublic record of a conviction that has been set aside. Some employers, such as those in law enforcement, may still be able to see convictions that have been set aside.
The nonpublic record can only be accessed by the following:
- A court that has authority to review your conviction
- An agency of the judicial branch of state government
- The Department of Corrections (DOC)
- A law enforcement agency
- A prosecutor or assistant prosecutor
- The attorney general
- The governor
These are the only reasons why someone listed above can access your nonpublic records:
- You submitted a license application that requires someone who works for the judicial branch to review it
- To show that you filed an application to set aside a conviction or had a conviction set aside
- You are convicted of a new crime that carries a possible sentence of imprisonment of more than one year, and a court is determining how to sentence you
- The governor is reviewing your request for a pardon of a different conviction
- You apply for a job with a law enforcement agency or the DOC
- They need to determine whether you need to be registered under the Sex Offenders Registration Act (SORA) or whether you violated SORA
Anyone other than those listed above who makes your set aside conviction public, uses it to make a decision about you, or publishes information about it is guilty of a misdemeanor. They could be in jail for 90 days, fined $500, or both. The victim of the crime is not subject to this penalty.
Automatic Set Asides: No Applications Necessary
There is a process for some convictions to be set aside without an application. Read Automatic Expungement (Set Aside) of Adult Convictions.
Am I Eligible to Set Aside a Conviction?
There are limits to setting aside a conviction, such as the number of convictions you have, the type of conviction, and when you were convicted. Read each section below to learn more.
The easiest way to find out if you qualify is to use the Do-It-Yourself Expungement (Adult Conviction) tool. If you qualify, the tool will help you fill out the application. In most situations, you will have to go to court and a judge will decide whether to set aside your conviction. It is not automatic. To learn more about the process of setting aside a conviction, read Setting Aside an Adult Criminal Conviction.
Out of State and Federal Convictions
The Michigan laws that allow people to set aside convictions only apply to Michigan convictions. You cannot use the application process described in this article to set aside federal or out of state convictions.
As part of the application process, the Michigan State Police (MSP) will send a copy of your fingerprints to the Federal Bureau of Investigation (FBI) for a background check. If you have federal or out of state convictions, the FBI background check will likely find them. This information will be shared with the MSP, and they will then share it with the judge.
Out of state convictions could impact your Michigan expungement application. If you have out of state convictions, you may want to speak with a lawyer before you file your application. Read “Finding a Lawyer” at the bottom of this page to learn more.
The Number of Convictions
The new law changes the number of convictions people can have set aside. There is not a limit to the number of misdemeanors that you could have set aside in your lifetime. Up to three felonies can be set aside in your lifetime. Certain types of convictions have additional rules about the number of convictions that can be set aside. To learn more, read “The Type of Conviction” below.
If you have more than three felony convictions, you may not be eligible to set aside any convictions. However, in some limited situations, multiple convictions may be counted as one. To learn more, read Counting Multiple Convictions as One: The “One Bad Night” Rule below.
There are misdemeanor and felony convictions that cannot be set aside regardless of the total number of convictions you have. To learn more, read “Convictions that Cannot be Set Aside” below.
Counting Multiple Convictions as One: The “One Bad Night” Rule
In some limited situations, you can ask the judge to count multiple convictions as one. To be eligible for this, the convictions must have resulted from the same set of actions within a 24-hour period.
The Type of Conviction
Certain types of convictions have additional rules about the number of convictions that can be set aside. Some types of convictions do not require a waiting period. The rules for each type of conviction are listed below.
Assaultive Crime Convictions
You cannot set aside more than two convictions for assaultive crimes in your lifetime. In general, assaultive crimes are crimes that involve physically hurting another person.
Deferred and Dismissed Convictions
Sometimes a judge may defer (delay) entering an order of guilt while putting a defendant on probation. If you have any convictions that were deferred and dismissed, they will count as misdemeanor convictions when determining if you are eligible to set aside a conviction.
Felony Convictions for the Same Offense
You cannot have more than one felony conviction for the same offense set aside if the possible punishment for that offense is more than 10 years in prison.
High Misdemeanors: Misdemeanors with Terms of Imprisonment for More than One Year
Most misdemeanors have a maximum jail or prison sentence of one year or less. However, some misdemeanors allow for imprisonment for more than one year. These convictions are called “high misdemeanors” and may be counted as felonies when setting aside convictions.
Traffic Convictions
The law allows for someone to set aside certain traffic convictions. Not all traffic convictions can be set aside.
Marijuana Convictions
If you have misdemeanor marijuana convictions, you may be eligible to set them aside without a waiting period.
Victim of Human Trafficking
If you were convicted of certain prostitution offenses while you were a victim of human trafficking, you may be eligible to have those convictions set aside without a having to wait.
Convictions that Cannot be Set Aside
Certain convictions cannot be set aside.
The Waiting Period
There is a waiting period before you can file your application to set aside most convictions. The waiting period starts from whichever of the following happen last for the conviction you are trying to have set aside:
-
The date you were convicted and/or sentenced
-
The date you completed probation
-
The date you were discharged from parole, or
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The date you were released from prison
Not all of these events may apply to your situation. You might not have been in prison, or you might not have been paroled or placed on probation.
If you are charged with a crime or get a new conviction while you are waiting to apply to have a different conviction set aside, it will affect your application. A judge is not allowed to set aside any conviction if you got a new conviction during the waiting period. A judge must decide that setting aside your conviction is consistent with the public welfare. Any new criminal activity could influence the judge’s decision.
The amount of time you have to wait depends on the type of conviction and number of convictions you have. Below are different waiting periods.
Conviction Type |
Waiting Period |
---|---|
Multiple felonies |
Seven years |
One felony |
Five years |
One or more serious misdemeanors (read "Serious Misdemeanors" below to learn more) |
Five years |
One or more non-serious, non-assaultive misdemeanors |
Three years |
Serious Misdemeanors
The new expungement law makes a distinction between regular and serious misdemeanors.
How to Set Aside Your Conviction
The first step in the process is to find out if you are eligible to have your conviction set aside. Use the Do-It-Yourself Expungement (Adult Conviction) tool to find out if you are eligible and to get your completed forms.
To find more detailed instructions on the next steps in the process, read Setting Aside an Adult Criminal Conviction. For a checklist with step-by-step instructions, use the I Have an Adult Criminal Conviction That I Would Like to Set Aside (Expunge) toolkit.
Finding a Lawyer
In some cases, setting aside a conviction can be complicated. If you need help, you may want to talk to a lawyer. Many counties around Michigan have free expungement fair events where you can talk with a lawyer who will help you fill out your application. Visit the Legal Clinics and Events webpage or do an internet search to find upcoming expungement events near you.
Some counties have also created an intake process to help people looking for assistance. Visit Safe and Just Michigan to see the list of resources available in your county. Scroll to the bottom of their page for a list.
If you have low income, you may qualify for free legal services. Whether you have low income or not, you can use the Guide to Legal Help to find lawyers in your area.
Limited Scope Representation
If you are not able to get free legal services but can’t afford high legal fees, consider hiring a lawyer for part of your case instead of the whole thing. This is called limited scope representation. To learn more, read Limited Scope Representation (LSR): A More Affordable Way to Hire a Lawyer. To find a limited scope lawyer, follow this link to the State Bar of Michigan lawyer directory. This link lists lawyers who offer limited scope representation. You can narrow the results to lawyers in your area by typing in your county, city, or zip code at the top of the page. You can also narrow the results by topic by entering the kind of lawyer you need (divorce, estate, etc.) at the top of the page.