Expungement (Setting Aside a Conviction) in Michigan

A plain-language guide to setting aside a conviction in Michigan: what a set-aside does, automatic Clean Slate relief, how to apply to the court, the waiting periods, first-offense OWI, and what cannot be set aside.

This guide is written for people in Downriver (Wayne County), Monroe County, and elsewhere in Michigan.

What a Set-Aside Does

In Michigan, expungement is called setting aside a conviction. When a conviction is set aside, by court order or automatically, you are considered for purposes of the law not to have been previously convicted, with limited exceptions (MCL 780.622).

The Michigan State Police keep a nonpublic record of the conviction. It is available only to courts, law enforcement, prosecutors, and certain other agencies for limited purposes, such as sentencing for a later felony or some employment and licensing decisions (MCL 780.623).

A few things do not change. You do not get back fines or costs you paid, and restitution owed to a victim is still owed (MCL 780.622(2) and (7)). Setting aside a traffic conviction does not remove it from your Secretary of State driving record (MCL 780.621c(5)).

Automatic Set-Aside Under Clean Slate

Since April 11, 2023, Michigan has automatically set aside certain eligible convictions without an application (MCL 780.621g):

Misdemeanors become eligible 7 years after sentencing.
Felonies become eligible 10 years after sentencing or release from prison, whichever is later.
No more than 2 felonies and 4 misdemeanors punishable by 93 days or more can be automatically set aside in a lifetime. There is no limit on misdemeanors punishable by 92 days or less.

For felonies and misdemeanors punishable by 93 days or more, automatic set-aside does not apply to assaultive crimes, serious misdemeanors, crimes of dishonesty, offenses punishable by 10 or more years, offenses involving human trafficking, and certain other listed offenses. A person with more than one assaultive conviction is not eligible for automatic set-aside of any felony or of any misdemeanor punishable by 93 days or more, and a new conviction during the waiting period affects eligibility. You can check what shows on your public record through the Michigan State Police ICHAT system. If a conviction you think qualified was not cleared, the Attorney General's office directs people to contact the Michigan State Police.

Applying to the Court

If a conviction is not set aside automatically, you may be able to apply to the court that convicted you using SCAO form MC 227. Lifetime limits for applications include:

Up to 3 felonies, with an unlimited number of misdemeanors
No more than 2 assaultive crimes
No more than one felony conviction for the same offense if that offense is punishable by more than 10 years

The process involves fingerprinting, sending copies of the application to the offices the law requires, including the prosecutor, and a court hearing. The judge decides whether setting aside the conviction is consistent with the public welfare.

Waiting Periods for Applications

You can apply only after the waiting period passes from the latest of sentencing, probation, parole, or completion of imprisonment (MCL 780.621d):

3 years for most misdemeanors
5 years for one felony, one or more serious misdemeanors, or one first-offense OWI
7 years for more than one felony

If you are convicted of a new offense during the waiting period, you are not eligible until the new waiting period ends.

First-Offense OWI

Michigan allows one first-offense OWI conviction to be set aside by application, once in a lifetime, if it did not cause injury or death and at least 5 years have passed (MCL 780.621c and 780.621d). A first-offense OWI cannot be set aside automatically. Even if it is set aside, the conviction stays on your driving record.

What Cannot Be Set Aside

Michigan law bars setting aside some convictions, whether by application or automatically (MCL 780.621c), including:

Felonies punishable by life imprisonment, and attempts to commit them
Certain criminal sexual conduct offenses
OWI convictions other than one first offense
Traffic offenses that caused injury or death
Traffic offenses by someone whose license has a commercial vehicle endorsement, if the offense was committed while driving a commercial vehicle or was otherwise a commercial vehicle violation
A felony domestic violence conviction if the person has a prior misdemeanor domestic violence conviction
Human trafficking and terrorism offenses

Because the rules are detailed, check your specific conviction before you file.

What to Gather

Gather your case numbers, the courts involved, sentencing dates, and proof of completing probation or other conditions. A current copy of your public record from ICHAT helps confirm what employers and landlords can see.

How I Can Help

If you have a question about setting aside a conviction in Downriver (Wayne County), Monroe County, or nearby, I can review your situation, explain the process and your options, and represent you.

Call (734) 775-9327 or use my contact form for a free consultation.

This guide is general information about Michigan law, not legal advice. Laws change, and every case is different. Reading this page does not create an attorney-client relationship.