Michigan Expungement & Criminal Defense: Start Fresh

A Fresh Start Under Michigan Law

Michigan’s expungement process, called setting aside a conviction, can remove certain criminal records from public view. This can improve access to jobs, housing, education, and professional licensing. Recent Clean Slate reforms expanded eligibility, introduced limited automatic record clearance, and refined timelines and procedures. Not every offense qualifies, and details depend on your record and case history. See the statute at MCL 780.621 et seq. and state guidance at Michigan Clean Slate.

Expungement vs. Criminal Defense

Expungement looks backward; criminal defense protects you now. If you are under investigation or facing charges, early defense may prevent convictions, reduce exposure, or position a case for dismissal or diversion, outcomes that can simplify or avoid expungement later. If you already have a record, expungement may remove certain convictions from public view after you meet statutory requirements.

Eligibility at a Glance

Michigan law distinguishes between convictions that may be set aside automatically and those that require an application. Eligibility depends on factors such as the offense type, number of convictions, time since completion of sentence, restitution status, and statutory exclusions. Some offenses are not eligible under current law. Because criteria and timelines vary, a tailored review of your record is essential. See MCL 780.621 et seq.

Automatic Record Clearance

Clean Slate provides limited automatic expungement of certain convictions after waiting periods and other conditions are met. Automatic clearance applies only to specific categories and numbers of convictions, and serious offenses are excluded. If eligible, the state may clear records without an application, but it is wise to confirm your public record. See the state’s overview at Michigan Clean Slate and MSP guidance on records at Michigan State Police.

Application-Based Expungement

Many people still need to apply to set aside convictions. The process generally involves obtaining certified records, completing standard forms, submitting fingerprints, notifying prosecutors and victims where required, and attending a court hearing. The judge considers statutory factors such as your behavior since the offense, the circumstances of the offense, the interests of justice, and any victim input. See MCL 780.621 et seq.

Marijuana Misdemeanor Streamlined Process

Michigan provides a streamlined path for certain misdemeanor marijuana offenses that would not be crimes under current law. The process and timeline differ from general expungements and may proceed more quickly, but eligibility depends on the specific statute cited in your prior case. See the state’s overview at Michigan Clean Slate.

Waiting Periods and Timing

Waiting periods in Michigan depend on the type and number of convictions and whether you are pursuing automatic or application-based relief. Time is generally measured from completion of your sentence, including probation and payment of financial obligations. Because exact timeframes vary by offense category and case mix, evaluate your record against the current statute before filing. See MCL 780.621 et seq.

Records Checks and What Disappears

When a conviction is set aside, it is removed from the public criminal history maintained by the Michigan State Police and from typical background checks. Law enforcement and courts retain nonpublic access as authorized by statute. Private data brokers may lag in updating, so follow up after your order is entered. For public record checks, see MSP guidance at Michigan State Police.

Common Pitfalls

• Assuming every offense qualifies under Clean Slate, some offenses remain ineligible.
• Filing before the applicable waiting period is over.
• Overlooking unpaid restitution, which can affect eligibility or timing.
• Incomplete service on prosecutors or victims, which can delay or derail a hearing.
• Failing to verify that automatic clearance actually posted to your public record.

What to Expect in the Process

• Record review: Collect Michigan State Police (ICHAT) records, court dockets, and judgment information.
• Eligibility confirmation: Determine which convictions qualify for automatic clearance and which require an application.
• Filing: Complete statutory forms, fingerprints, and certifications; file in the sentencing court.
• Notice: Serve the Attorney General, prosecutor, and any victims as required by statute.
• Hearing: Present evidence of rehabilitation and address any objections.
• Post-order: Confirm your public record updates and address any third-party reporting.

How a Defense Lawyer Helps

A Michigan criminal defense and expungement attorney can assess eligibility, identify the best timing, gather required records, prepare filings, and advocate at hearing. If you are facing new charges, counsel can work to avoid convictions, negotiate outcomes that preserve expungement options, and protect your rights at every stage.

FAQ

Does expungement erase my record entirely?

No. A set-aside removes the conviction from public view, but law enforcement and courts retain nonpublic access as authorized by statute.

Will automatic clearance happen without me doing anything?

Possibly, if you qualify, but not all eligible records update promptly. It is smart to verify your public record and seek application-based relief where needed.

Can I expunge multiple convictions at once?

Often yes, subject to statutory limits and offense categories. A record review will confirm what can be bundled and the best timing.

Do I need a lawyer?

Not required, but counsel can streamline filings, avoid pitfalls, and advocate at hearing, which can improve outcomes.

Next Steps

If you think you qualify, or are unsure, schedule a consultation. Bring your case numbers, dates of conviction, and proof of sentence completion. We can provide a tailored plan that accounts for eligibility, timing, and the most efficient path to clearing your record. Contact us.

References

• State of Michigan — Clean Slate (official portal)
• Michigan State Police — Clean Slate and Criminal History Records
• Michigan Legislature — Michigan Compiled Laws: Set Aside of Convictions (MCL 780.621 et seq.)

Disclaimer (Michigan): This blog is for general informational purposes only and is not legal advice. Laws and procedures change, and outcomes depend on specific facts. Reading this post does not create an attorney-client relationship. Consult a licensed Michigan attorney about your situation.