Michigan Expungement Law: Eligibility, Process, and Clean Slate Act
Michigan's 2020 Clean Slate Act fundamentally restructured the state's criminal record expungement framework, expanding eligibility to cover a broader range of offenses and introducing an automatic expungement pathway for qualifying convictions. The Michigan Compiled Laws (MCL) Chapter 780 governs the application and set-aside process, while the Michigan State Police administers the records infrastructure underlying both petition-based and automatic routes. Understanding the eligibility thresholds, procedural requirements, and classification boundaries of Michigan expungement law is essential for attorneys, legal aid providers, researchers, and affected individuals navigating the post-conviction landscape. This page covers the regulatory context for Michigan's legal system as it applies specifically to expungement.
Definition and scope
Expungement in Michigan — formally termed "setting aside a conviction" — refers to the process by which a court order removes a conviction from a person's public criminal record. Under MCL 780.621, a set-aside conviction is treated as if it never occurred for most purposes, including background checks conducted by private employers. The conviction remains visible to law enforcement agencies, courts, and certain licensing bodies.
Michigan's framework, as amended by the Clean Slate Act (Public Acts 193–195 of 2020), distinguishes between:
- Petition-based expungement: The applicant files a formal petition with the sentencing court.
- Automatic expungement: The Michigan State Police system clears qualifying misdemeanor and felony convictions without a petition, beginning in April 2023 per the Michigan State Police implementation timeline.
Scope and coverage limitations: This page addresses Michigan state criminal convictions governed by the Michigan Compiled Laws. It does not apply to federal criminal convictions processed through U.S. District Courts under 18 U.S.C. provisions, juvenile adjudications addressed separately under the Michigan Juvenile Justice System, traffic violations on the driving record (which carry a separate process under the Michigan Vehicle Code), or convictions in other states. Michigan tribal courts operating under tribal law and sovereignty follow distinct frameworks outside the scope of MCL 780.621.
How it works
Eligibility thresholds
The Clean Slate Act established the following eligibility structure under MCL 780.621a:
- Waiting periods: 3 years after sentencing, probation, or release for misdemeanors; 5 years for felonies (petition-based); 7 years for automatic expungement eligibility.
- Offense limits: A person may petition to set aside up to 3 felony convictions and an unlimited number of misdemeanors, subject to offense-type restrictions.
- Automatically excluded offense categories: Crimes punishable by life imprisonment, criminal sexual conduct offenses (with narrow exceptions), child abuse, terrorism-related offenses, and traffic offenses causing death or serious injury are categorically ineligible.
- One-time rule abolished: Prior to 2020, Michigan permitted only one lifetime expungement. The Clean Slate Act removed that restriction.
Petition-based process
The petition-based pathway proceeds through the following discrete phases:
- Filing: The petitioner submits a completed MC 227 form (Application to Set Aside Conviction) to the sentencing court, paying a filing fee (waivable by the court on a showing of indigency).
- Service: Copies must be served on the Michigan Attorney General's office, the prosecuting attorney of the county of conviction, and the Michigan State Police — all within specified timeframes set by Michigan Court Rules.
- Fingerprinting: The applicant undergoes fingerprinting at a Michigan State Police post to allow background verification.
- Review period: The prosecution has 60 days to object (MCL 780.621(5)).
- Hearing: The sentencing court holds a hearing at which the judge evaluates the petition on the merits and statutory criteria.
- Order: If granted, the court issues an order to set aside the conviction; the Michigan State Police updates the criminal history record accordingly.
The Michigan criminal procedure framework governs service and procedural deadlines throughout this process.
Automatic expungement
Under the automatic pathway, the Michigan State Police identifies qualifying convictions — generally misdemeanors with 7-year waiting periods and up to 2 qualifying felonies after 10 years — and processes the set-aside without any action required by the individual. No filing fee applies to automatic expungements.
Common scenarios
Multiple misdemeanor convictions: A person with 4 misdemeanor convictions from different incidents, none involving assault or domestic violence, who has completed all sentences and remained conviction-free for 3 years, generally qualifies for petition-based expungement of all 4 counts under the Clean Slate Act's removal of the one-offense cap.
Single non-violent felony: A person convicted of a single Class G or H felony (for example, low-level drug possession) who has remained offense-free for 5 years post-release may petition under MCL 780.621a. This is among the most common petition categories handled through Michigan legal aid resources.
Mixed record (felony + misdemeanors): The Clean Slate Act allows a petition covering up to 3 felonies and unlimited misdemeanors simultaneously, provided each conviction meets its applicable waiting period. The court retains discretion to grant or deny individual counts within a combined petition.
Marijuana-specific set-aside: Public Act 192 of 2020 created a parallel expungement pathway for convictions involving conduct that became lawful under the Michigan Regulation and Taxation of Marihuana Act (MRTMA). This pathway allows set-asides regardless of the standard waiting periods.
Decision boundaries
Michigan expungement law creates firm classification lines that determine eligibility regardless of judicial discretion:
| Category | Petition Eligible | Automatically Expunged |
|---|---|---|
| Misdemeanor (non-excluded) | Yes — 3-year wait | Yes — 7-year wait |
| Felony (non-excluded, ≤ 3 convictions) | Yes — 5-year wait | Yes — 10-year wait (up to 2 felonies) |
| Criminal sexual conduct (most) | No | No |
| Life-sentence offense | No | No |
| Traffic offense (moving violation) | No (separate process) | No |
| Marijuana (now-legal conduct) | Yes — expedited | No automatic pathway |
Contrast: set-aside vs. expungement terminology: Michigan statutes use "set aside" rather than "expunge." The practical distinction matters: a set-aside removes the conviction from public view but does not destroy the physical records held by law enforcement. Federal agencies and certain state licensing boards — including the Michigan State Bar requirements review process — may still access set-aside records under specific statutory authority.
Judicial discretion: Even for petition-eligible convictions, the sentencing court under MCL 780.621(7) is not required to grant the petition. Courts weigh the circumstances of the offense, subsequent conduct, and the public interest. The Michigan Court of Appeals has reviewed trial court denial decisions, confirming that the burden rests on the petitioner to demonstrate eligibility and merit. The Michigan Court of Appeals has published decisions clarifying the standard of review applicable to expungement denials.
For the broader landscape of post-conviction legal services in Michigan, the Michigan Legal Services Authority home directory catalogs provider categories operating across these areas, including attorneys, legal aid organizations, and court-based self-help centers that assist petitioners navigating MCL 780.621 procedures.
References
- Michigan Compiled Laws § 780.621 — Application to Set Aside Conviction — Michigan Legislature
- Michigan Compiled Laws § 780.621a — Clean Slate Act Amendments — Michigan Legislature
- Michigan State Police — Criminal Justice Information Center — Michigan Department of State Police
- Michigan Legislature — Public Acts 193–195 of 2020 (Clean Slate Act) — Michigan Legislature
- Michigan Regulation and Taxation of Marihuana Act (MRTMA) — MCL 333.27951 et seq. — Michigan Legislature
- Michigan Courts — MC 227 Application to Set Aside Conviction Form — Michigan Supreme Court State Court Administrative Office
- Michigan Attorney General — Criminal Justice Division — State of Michigan