Practice Area
Setting Aside a Criminal Record (Expungement)
A criminal conviction can follow you for decades, affecting job applications, housing, professional licenses, and the way people see you. Michigan’s Clean Slate Act, which took effect in 2021 and expanded further in subsequent years, gives more people than ever the opportunity to have past convictions set aside. If you have a conviction on your record, there is a real chance it can be removed, and with it, many of the barriers it has created. This is one of the most life-changing legal actions a person can take, and it is more accessible today than at any point in Michigan history.
Types of Cases We Handle for Record Expungement
- Single Felony Expungement: most non-violent felonies are eligible after a 7-year waiting period
- Multiple Felony Expungement: up to 3 felonies can now be set aside in a lifetime (Clean Slate Act expansion)
- Misdemeanor Expungement: most misdemeanors eligible after a 3-year waiting period; up to an unlimited number of misdemeanors can be set aside
- Automatic Expungement: certain eligible offenses are automatically set aside without a petition under Michigan’s clean slate provisions
- Marijuana Conviction Expungement: MCL 780.621e; convictions for marijuana conduct now legal under MRTMA are eligible for expedited expungement
- Juvenile Record Set-Aside: juvenile adjudications may be eligible for set-aside under separate provisions
- OWI / Drunk Driving Expungement: MCL 257.625(25); first-offense OWI expungement after 3 years (handled on a separate page)
- Assaultive Crime Expungement: eligible after 7 years; subject to additional requirements and court review
How Michigan’s Clean Slate Act Works
The Michigan Clean Slate Act, which became effective February 19, 2022, significantly expanded Michigan’s expungement law. Key changes include:
- Most people with up to 3 felony convictions and an unlimited number of misdemeanors are now eligible
- The waiting period begins from the later of: the sentencing date, the completion of any prison or jail term, or the end of probation or parole
- Automatic expungement went into effect for eligible misdemeanors (7-year wait) and certain felonies (10-year wait), though automatic expungement has faced processing backlogs and may require a petition to confirm
- Traffic offenses remain ineligible for expungement
- Certain serious offenses are permanently ineligible: life offense felonies, crimes against minors, certain assaultive crimes involving serious injury, and most traffic offenses
What Expungement Actually Does
When a conviction is set aside in Michigan, it is removed from the public criminal record maintained by the Michigan State Police. The conviction is no longer visible to most employers, landlords, or members of the public on a background check. You may answer “no” on most job and housing applications that ask about criminal convictions. However, the conviction is not completely erased: it remains accessible to law enforcement, may appear in certain licensing background checks for sensitive professions, and, for OWI expungements specifically, remains on your Secretary of State driving record. Understanding what expungement does and does not do is important to having accurate expectations.
The Expungement Process
Expungement in Michigan requires filing a petition in the court of original conviction. The court notifies the prosecutor’s office, the arresting law enforcement agency, and the Michigan State Police, all of which may submit written objections. A hearing is scheduled where a judge reviews the petition and determines whether setting aside the conviction is consistent with public welfare. Preparation for that hearing, including documentation of your life since conviction, your employment history, community contributions, and reasons for the request, meaningfully affects the outcome.
How Chris Approaches Expungement Cases
Chris handles expungements with the same care and preparation he brings to criminal defense. He evaluates eligibility under the current statute, identifies any complications in the record, prepares the petition and supporting documentation, and represents clients at the hearing. For Washtenaw County convictions, he files in the 15th District Court (misdemeanors) or 22nd Circuit Court (felonies), courts he has practiced in throughout his career. He also handles automatic expungement follow-through for clients whose records have not been updated despite eligibility.
Frequently Asked Questions
How do I know if my conviction is eligible for expungement?
Eligibility depends on the type of offense, how many convictions are on your record, and how much time has passed since your sentence was completed. Most misdemeanors are eligible after 3 years. Most non-violent felonies are eligible after 7 years. You can have up to 3 felonies and an unlimited number of misdemeanors set aside under the Clean Slate Act. Permanently ineligible offenses include life offense felonies, crimes against minors, most traffic offenses, and certain assaultive crimes. Chris can do a full eligibility analysis during a free consultation.
I heard expungement is now automatic in Michigan. Do I still need an attorney?
Michigan’s automatic expungement provision went into effect in 2023, but the process has faced significant backlogs. Many eligible convictions have not been automatically cleared despite years of eligibility. An attorney can confirm whether your record has actually been updated and, if not, file a petition to move the process along. Additionally, automatic expungement applies to a narrower set of offenses than petition-based expungement, you may be eligible for petition-based relief even if you are not eligible for automatic expungement.
Will expungement remove my conviction from all background checks?
Expungement removes your conviction from the Michigan State Police public criminal record, which is the source most background check services use. However, some private background check databases may not update promptly, and certain professional licensing checks, for healthcare, education, law, and financial services, have access to more complete records. Federal agencies and law enforcement retain access to expunged convictions. For most private-sector employment and housing purposes, expungement is highly effective. For regulated professions, the specific licensing board’s policies should be reviewed.
Do I file my expungement petition in the court where I was convicted?
Yes. Your petition is filed in the court that entered the original judgment of conviction. For Washtenaw County misdemeanor convictions, that is typically the 15th District Court. For felony convictions, it is the 22nd Circuit Court. Each court has its own procedural expectations, and the local prosecutor’s office will be notified and may respond. Chris has appeared in both courts throughout his career and handles the local filing requirements efficiently.
Your first consultation is free and completely confidential. Call (734) 335-0810 or contact us online to find out if your conviction is eligible for expungement.