Expungement Lawyers in Michigan: 2026 Guide

Table of Contents

• What Expungement Lawyers in Michigan Do
• Expungement Eligibility in Michigan: Who Qualifies
  • Automatic vs. Application-Based Expungement
  • Crimes That Cannot Be Expunged
• Michigan Clean Slate Act Requirements Explained
  • Waiting Periods Under the Clean Slate Act
• The Impact of a Criminal Record on Employment
• How to Apply for Expungement in Michigan: Step by Step
• What Expungement Costs and What to Ask a Lawyer
  • The Cost Components
  • What Drives Attorney Fees Up or Down
  • Flat Fee vs. Hourly: Which to Choose
  • Questions to Ask Before You Hire
• After Expungement: Verifying Your Record Is Cleared
• Frequently Asked Questions

Last Updated: October 3, 2026

What Expungement Lawyers in Michigan Do

Expungement lawyers in Michigan handle the legal process of setting aside a criminal conviction so it no longer appears on most background checks.

The work is more procedural than most people expect. Michigan's set-aside statute imposes strict requirements on which offenses qualify, how much time must pass, and how the application is filed. A single error in the paperwork can delay your case by months.

Coppins Law Group, PLLC represents clients across Southeast Michigan on exactly this kind of record-clearing matter, alongside criminal defense and administrative work. Below, we break down who qualifies, what the Clean Slate Act changed, and what the process actually looks like from filing to verification.

Expungement Eligibility in Michigan: Who Qualifies

Expungement eligibility in Michigan depends on your offense type, your criminal history, and how much time has passed since you completed your sentence. Michigan law distinguishes between misdemeanors, certain felonies, and offenses that are barred outright.

Under Michigan's set-aside statutes, the court has discretion to set aside qualifying convictions, but it must follow statutory requirements on timing and offense type.

Automatic vs. Application-Based Expungement

Some Michigan convictions are set aside automatically, while others require you to file a petition. Automatic set-asides apply to certain non-serious offenses after a defined waiting period, and they happen without you filing anything. Application-based expungement requires a formal petition, a filing fee, and often a hearing. If you are unsure which category your offense falls into, that is the first question to bring to a lawyer.

Crimes That Cannot Be Expunged

Certain offenses are excluded by statute and cannot be set aside, including serious violent felonies, most criminal sexual conduct offenses, and traffic offenses that fall outside the eligible categories. Attempting to expunge an excluded offense wastes time and filing fees. This is where a legal review saves money: a lawyer can tell you in one consultation whether your charge is even on the table.

Michigan Clean Slate Act Requirements Explained

The Michigan Clean Slate Act expanded which convictions can be set aside and created automatic expungement for certain offenses. Before the law, far more people had to file petitions and appear in court.

Under the Michigan Legislature's Clean Slate provisions, the state set up a process for automatic set-asides and broadened the categories of convictions that qualify for a petition.

Waiting Periods Under the Clean Slate Act

Waiting periods run from the date you completed your sentence, including probation and any jail time. Misdemeanors generally carry shorter waiting periods than felonies, and the clock does not start until you have fully discharged the sentence. Because the statutory periods are specific and can change, verify the current requirement with the court or a lawyer rather than relying on a general estimate.

The Impact of a Criminal Record on Employment

A criminal record affects employment most at the background check stage, often after you have already interviewed. Many employers run background screening as a condition of an offer, and a conviction that surfaces there can end the process even when you are the strongest candidate.

The U.S. Equal Employment Opportunity Commission enforces limits on how employers may use criminal history in hiring decisions, and the Fair Credit Reporting Act governs how background screening companies report that information. Those protections exist, but they do not erase a record. Setting aside a conviction is the more durable fix, because it removes the record from most public searches rather than asking an employer to overlook it.

How to Apply for Expungement in Michigan: Step by Step

The application process follows a defined sequence, and missing a step is the most common reason petitions stall. Here is the practical order:

1. Pull your complete criminal history. Request your records from the courts where you were convicted so nothing is missing from the petition.
2. Confirm eligibility for each offense. Check offense type, waiting period, and whether any charge is statutorily barred.
3. Prepare the petition and supporting documents. This includes the application, proof of sentence completion, and any required identification.
4. File with the correct court and pay the filing fee. Filing in the wrong court is a common and avoidable delay.
5. Serve the prosecutor and wait for review. The prosecutor may object, which triggers a hearing.
6. Attend the expungement hearing if one is scheduled. The judge decides whether to grant the set-aside.
7. Obtain the court order. This is the document that proves the conviction was set aside.

A lawyer's value here is mostly in steps two through four. Getting eligibility and venue right the first time is what keeps the case moving.

Get Your Free Consultation Now →

What Expungement Costs and What to Ask a Lawyer

Cost is the question most people ask first and the one most guides refuse to answer. Here is the honest breakdown of what drives the price, what you pay the court versus the attorney, and how to compare quotes without getting burned.

The Cost Components

An expungement bill has three parts, and confusing them is how people overpay:

1. Court filing fees. These are set by statute and paid to the court, not the attorney. The amount depends on the court and the number of offenses on the application. Fees are non-refundable even if the petition is denied.
2. Ancillary costs. Certified copies of judgments, fingerprinting or background checks, and service of process on the prosecutor can add to the total. These are usually small but easy to forget when budgeting.
3. Attorney fees. This is the variable piece. Flat fees are common for a straightforward single-offense set-aside; hourly billing is more common when a prosecutor objects or the record is complex.

What Drives Attorney Fees Up or Down

Most practitioners price on four factors:

• Number of offenses. One conviction is a different job than five, even if they are bundled into a single application.
• Whether a hearing is required. A petition that the prosecutor does not contest may resolve on the papers. A contested petition means preparation, a court appearance, and argument.
• Record complexity. Out-of-state convictions, sealed juvenile records, or missing disposition paperwork all add research time.
• Automatic vs. application-based. If your offense qualifies for automatic set-aside, you may not need to pay an attorney at all, confirm this before signing anything.

Flat Fee vs. Hourly: Which to Choose

A flat fee gives you cost certainty and is the right structure when eligibility is clear and no objection is expected. Hourly billing is fairer when the outcome is genuinely uncertain, but it exposes you to cost overruns if the prosecutor contests. Ask any attorney which structure they use and why, and get the answer in writing before you engage.

Questions to Ask Before You Hire

• Do you handle set-asides as a regular part of your practice, or occasionally?
• Is your fee flat or hourly, and what specifically is included, filing, hearing, or both?
• What happens to my fee if the petition is denied? Is any portion refundable?
• Who pays the court filing fee, and is it separate from your fee?
• How do you handle a prosecutor's objection, and is that included or billed separately?
• What is your process for keeping me updated on filing dates and hearing schedules?

The State Bar of Michigan maintains resources on finding and evaluating legal representation, including what to expect from a client-attorney relationship. Ask about communication cadence specifically. Clients who were left in the dark by a previous attorney tend to care more about updates than about anything else.

After Expungement: Verifying Your Record Is Cleared

Verifying your record is cleared means checking each source that holds it, not assuming the order did everything. A set-aside removes the conviction from most public records, but private background screening companies maintain their own databases, and those do not always update automatically.

Follow this verification checklist:

• Request a copy of the signed court order and keep it in a safe place.
• Re-check the court's public record for the case to confirm it reflects the set-aside.
• Request your own background report from a screening company to see what an employer would see.
• If an outdated record appears, dispute it in writing with the screening company and attach the court order.
• Re-verify after 60 to 90 days, since some databases update on a delay.

The Consumer Financial Protection Bureau publishes guidance on disputing inaccurate information in background reports, which is the correct channel when a cleared conviction still shows up.

Clearing a criminal record is a procedural fight, and the details decide the outcome. Coppins Law Group, PLLC handles set-asides and criminal defense across Michigan, with a free initial consultation, statewide service, and a trial-prepared approach that carries into expungement hearings. Get started with Coppins Law Group, PLLC and find out whether your conviction qualifies to be set aside.