Expungements in Michigan

What This Means for You: Michigan law allows you to "set aside" (expunge) criminal convictions, removing them from public view. This gives you a fresh start and the ability to honestly answer "no" when asked about criminal history on most applications.

Eligibility Requirements

• Felonies: Up to 3 felony convictions can be expunged (wait 5 years after sentence completion)
• Misdemeanors: Up to 4 misdemeanor convictions can be expunged (wait 3 years after sentence completion)
• Mixed Convictions: Can expunge combination of felonies and misdemeanors (up to 5 total)
• No Pending Charges: Cannot have any pending criminal charges
• One Application: Can only file one expungement application per 12-month period

What "Setting Aside" Means

• Conviction is removed from public criminal record databases
• You can legally answer "no" to conviction questions on job applications
• Employers conducting background checks will not see the conviction
• Landlords cannot see the expunged conviction
• Professional licensing boards have limited access

Convictions That CANNOT Be Expunged

• Criminal Sexual Conduct (CSC) offenses
• Child abuse offenses
• Terrorism-related crimes
• Human trafficking
• Offenses requiring sex offender registration
• Traffic offenses (DUI/OWI may be eligible under certain conditions)

What This Means for You: Starting April 2023, Michigan began automatically expunging certain convictions without requiring you to file an application or appear in court. If you have one felony or two misdemeanors, your record may be cleared automatically - but applying manually is faster and allows you to expunge more convictions.

Automatic Expungement Eligibility

• One Felony: Automatically expunged after 10 years
• Two Misdemeanors: Automatically expunged after 7 years
• No Action Required: Michigan State Police automatically process these
• Same Exclusions Apply: Serious crimes like CSC still cannot be expunged

How Automatic Expungement Works

1. State Police Review: MSP reviews criminal records monthly
2. Eligibility Check: System identifies convictions meeting criteria
3. Automatic Processing: Eligible convictions are set aside automatically
4. No Court Appearance: You don't need to do anything
5. No Filing Fee: Completely free process

Why You Might Still Want to Apply Manually

• Faster Results: Manual application can be completed in 4-6 months vs. waiting for automatic process
• More Convictions: Can expunge up to 3 felonies or 4 misdemeanors manually
• Employment Needs: Need clean record immediately for job opportunity
• Certainty: Know exactly when your record will be cleared

Checking Your Status

You can request a copy of your criminal record from Michigan State Police to see if your convictions have been automatically expunged. We can help you obtain and interpret this record.

What This Means for You: Michigan's 2021 law change dramatically expanded expungement eligibility. You can now expunge up to 3 felonies or 4 misdemeanors (or a combination totaling 5 convictions). If you have multiple convictions, you may be eligible to clear more of your record than you thought possible.

How Many Convictions Can Be Expunged?

• Up to 3 Felonies: Can expunge three separate felony convictions
• Up to 4 Misdemeanors: Can expunge four separate misdemeanor convictions
• Mixed Convictions: Can expunge combination totaling up to 5 convictions
• Same Transaction Rule: Multiple convictions from same incident may count as one

Same Transaction Rule Explained

If you were convicted of multiple offenses arising from the same criminal transaction, they may be treated as a single conviction for expungement purposes:

• Example 1: Arrested for breaking into a car and stealing items - both charges count as one conviction
• Example 2: Convicted of possession and paraphernalia in same arrest - counts as one
• Example 3: Multiple charges from same domestic incident - may count as one

Calculating Your Eligibility

Your Convictions	Can Expunge?
1 felony, 2 misdemeanors	✓ Yes - All eligible
3 felonies	✓ Yes - All eligible
4 misdemeanors	✓ Yes - All eligible
2 felonies, 3 misdemeanors	✓ Yes - All eligible (5 total)
4 felonies	⚠ Partial - Can expunge 3 of 4
5 misdemeanors	⚠ Partial - Can expunge 4 of 5

Strategic Considerations

• Which to Expunge First: Prioritize convictions most harmful to employment
• Timing: May want to expunge most recent convictions first
• Cost: $50 filing fee per application (can include multiple convictions in one application)

What This Means for You: Since Michigan legalized recreational marijuana in 2018, old marijuana convictions can now be expunged with no waiting period. Even better, marijuana expungements don't count toward your 3 felony/4 misdemeanor limit, so you can clear marijuana charges AND other convictions. If you have a marijuana conviction, you should apply immediately.

Eligible Marijuana Offenses

• Possession: Simple possession of marijuana (any amount)
• Use: Use of marijuana convictions
• Cultivation: Growing marijuana for personal use
• Paraphernalia: Possession of marijuana paraphernalia
• Now-Legal Conduct: Any marijuana offense that would be legal under current law

Special Benefits for Marijuana Expungements

• No Waiting Period: Can apply immediately, don't need to wait 3-5 years
• Doesn't Count Toward Limits: Marijuana expungements don't count against your 3 felony/4 misdemeanor limit
• Streamlined Process: Courts generally approve these quickly
• Strong Legal Basis: Conduct is now legal, so expungement is favored

What Still Cannot Be Expunged

• Distribution/Sales: Selling marijuana (unless small amounts)
• Trafficking: Large-scale marijuana trafficking
• Manufacturing: Commercial marijuana production without license
• With Other Crimes: Marijuana charges combined with violence or weapons

The Expungement Process for Marijuana

1. Determine Eligibility: Verify the conduct would be legal today
2. File Application: Submit expungement petition to court
3. Prosecutor Review: Prosecutor rarely objects to marijuana expungements
4. Court Hearing: Brief hearing, usually granted
5. Order Entered: Conviction set aside and removed from record

Impact of Marijuana Convictions

Even though marijuana is now legal, old convictions still appear on background checks and can affect:

• Employment in cannabis industry (ironically)
• Federal jobs and security clearances
• Professional licenses
• Housing applications
• Immigration status