how-to
How to Qualify for Michigan Clean Slate Expungement
Table of Contents
- Understanding Michigan Clean Slate Expungement
- Michigan Expungement Eligibility Requirements
- Michigan Convictions That Cannot Be Expunged
- Michigan Expungement Waiting Period
- Michigan Expungement Application Process
- What Expungement Changes and What It Does Not
- Checking for Automatic Set-Asides
- Frequently Asked Questions
Last Updated: October 11, 2026
Understanding Michigan Clean Slate Expungement
Michigan's Clean Slate law allows people to clear their criminal record through expungement (also called a "set aside"), which removes a conviction from your public record so you can legally say it never happened for most purposes. The law offers two pathways: automatic expungement or a court petition.
Michigan Expungement Eligibility Requirements
Your eligibility depends on three factors: the type of conviction, how long ago your sentence ended, and how many other convictions you have.
The Three-Factor Test
Factor 1: Conviction Type (Misdemeanor vs. Felony)
Most misdemeanors and felonies qualify, but violent crimes, sexual conduct, life offenses, and certain drug trafficking do not.
Factor 2: Time Since Sentence Completion
- Single misdemeanor, no other convictions: 3 years after sentence completion
- Single felony, no other convictions: 5 years after sentence completion
- Two felonies: 10 years after sentence completion
- Three or more felonies: Generally ineligible (see Factor 3)
Factor 3: Total Conviction Count
You can have up to two felonies set aside, or two misdemeanors, or one of each. Three or more convictions generally disqualify you, even if old or minor. Convictions from separate cases and other states count toward your total. Consult an attorney if unsure how your convictions are counted.
Quick Eligibility Check
Use this framework to test your own situation:
- Count your total convictions. Include all felonies and misdemeanors, from any jurisdiction. If you have three or more, you likely do not qualify.
- Identify the offense type. Is it a misdemeanor or felony? Is it on the ineligible list (violent crime, sexual conduct, life offense, certain drug trafficking)? If ineligible, you do not qualify.
- Calculate the waiting period. Count the years from the date your sentence ended (including probation). For one misdemeanor, it is 3 years. For one felony, it is 5 years. For two felonies, it is 10 years.
- Check the date. If enough time has passed, you qualify for automatic expungement or can petition the court.
If you meet all three factors, you are eligible. If you fail any one, you do not qualify, unless you can petition the court for early expungement (see the Application Process section below).
Misdemeanor Eligibility
Most misdemeanors become eligible for automatic expungement after the 3-year waiting period. You do not need to file anything or go to court. The system handles it on its own timeline.
Once the waiting period ends, the court removes the conviction automatically without action on your part. To speed up the process, you can petition the court for early expungement if you show good cause, such as a job offer or rehabilitation efforts.
Felony Eligibility
Felony expungement has stricter rules than misdemeanor expungement. Not all felonies qualify; eligibility depends on the specific felony and your total conviction count, with longer waiting periods than misdemeanors.
You can have up to two felony convictions set aside. If you have three or more felonies, you generally do not qualify, even if old or minor. One felony and one misdemeanor can both be set aside (subject to waiting periods).
Michigan Convictions That Cannot Be Expunged
Ineligible offenses include crimes of violence (assault, robbery, home invasion); criminal sexual conduct (all degrees); life offenses (murder, armed robbery with life sentence); second or subsequent DUI/OWI within 10 years; and drug trafficking or manufacturing. Simple drug possession may qualify. Consult an attorney to confirm your specific conviction's eligibility.
Michigan Expungement Waiting Period
The waiting period depends on offense type and conviction count: three years for a single misdemeanor, five years for a single felony, and ten years for two felonies. The clock starts when your sentence ends, including probation.
You can petition the court for early expungement before the waiting period ends; the court has discretion to grant or deny such petitions.
Michigan Expungement Application Process
If you do not qualify for automatic expungement or want to speed up the process, you can apply. The application involves several steps and requires court involvement. This section walks you through the process, the timeline, and what to expect at each stage.
Step 1: Determine Your Eligibility
Start by confirming you meet the legal requirements. Use the three-factor test from the previous section: conviction type, time since sentence completion, and total conviction count.
Gather basic information:
- The date you were convicted
- The date your sentence ended (including probation or parole)
- The offense name and Michigan Criminal Code section
- Whether you have any other convictions
- The county and court where you were convicted
If unsure about eligibility, consult an attorney; many offer free initial consultations.
Step 2: Obtain Your Criminal Record
You need an official copy of your criminal record. Request it from the Michigan State Police Criminal Justice Information Center. You can order online, by mail, or in person. The online request typically takes 3-5 business days. Mail requests take 1-2 weeks.
The record shows every conviction, arrest, sentence, and probation term. It is the official document the court uses to decide your case. Make sure the information is accurate before proceeding.
Review the record for accuracy: conviction dates, offense names and codes, sentence completion date, and prior convictions. If errors exist, contact the police department for correction before proceeding.
Step 3: Prepare Your Petition
A petition is a formal request to the court to set aside your conviction. Petitions must be typed, double-spaced, and follow Michigan Court Rules. Include your name, address, phone, case number, offense name and code, conviction and sentence dates, sentence-end date (including probation), a statement that you meet michigan clean slate expungement eligibility requirements, a brief explanation of why you deserve expungement, your signature and date, and a certificate of service.
Where to Get the Form
Most counties do not have a single official form. Instead, you can:
- Contact the court clerk in the county where you were convicted and ask for a sample petition
- Visit the Michigan Courts website and look for local court rules and forms
- Consult a legal aid organization or attorney for a template
Each court has slightly different requirements. Contact the court clerk for the exact format and any local rules. Some courts require a cover sheet or specific font size. Following the rules exactly reduces the risk of rejection.
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Step 4: Serve the Prosecutor
Before filing, send a copy of your petition to the prosecutor's office (by mail, hand-delivery, or process server). Include a "certificate of service" in your petition proving service. The prosecutor may respond within 14 days and may object; if so, the judge will consider both sides at the hearing.
Step 5: File Your Petition with the Court
File your petition with the court clerk, including the original petition, copies, filing fee ($50-$150 typical; some courts waive fees for low-income applicants), and your criminal record. The clerk will assign a case number, schedule a hearing (typically 30-60 days out), and notify you and the prosecutor by mail.
Step 6: Prepare for Your Hearing
Call the court clerk to confirm whether your appearance is required. If so, bring your criminal record, petition copy, proof of sentence completion, supporting documents (employment letter, educational credentials, community service records, letters of recommendation), and identification. Be respectful, honest, and brief; focus on your eligibility and rehabilitation.
Possible Outcomes: Granted (order sent to law enforcement; record updated within 30-60 days); Denied (you can appeal or refile later); or Continued (judge postpones decision pending additional information).
Step 7: After the Hearing
If the judge grants your petition, you will receive a signed order. This order is your proof of expungement.
What Happens Next
The court sends the order to:
- The Michigan State Police
- Local law enforcement
- The prosecutor's office
- The Michigan Department of Corrections (if applicable)
These agencies update their records to reflect the set-aside. The process typically takes 30-60 days, but can take longer depending on the agency's workload.
Verify the Expungement
After 60 days, request a new criminal record from the Michigan State Police to confirm the conviction has been removed. The conviction should no longer appear on your public record.
If the conviction still appears after 60 days, contact the court clerk or the prosecutor's office to follow up. Sometimes records are not updated promptly, and a reminder may be needed.
If Your Petition Is Denied
If the judge denies your petition, you have options:
- Appeal: You can appeal the denial to the Michigan Court of Appeals. This is a formal legal process and typically requires an attorney.
- Wait and Refile: You can wait for additional time to pass and file a new petition later. Judges are more likely to grant petitions as more time elapses and you demonstrate continued rehabilitation.
- Consult an Attorney: An attorney can review the judge's reasoning and advise whether an appeal is worthwhile.
Timeline Summary
From start to finish, the expungement process typically takes 4-6 months:
- Weeks 1-2: Obtain your criminal record
- Weeks 2-3: Prepare and serve your petition
- Week 3: File with the court
- Weeks 4-8: Wait for hearing (court schedules 30-60 days out)
- Week 8-9: Attend hearing (if required)
- Weeks 9-14: Court sends order to law enforcement; agencies update records (30-60 days)
- Week 14+: Verify expungement by requesting updated criminal record
This timeline can vary depending on court docket, prosecutor response, and agency processing times. Some courts are faster; others slower. Call the court clerk to ask about typical timelines in your county.
What Expungement Changes and What It Does Not
Expungement is powerful, but it has limits. Understanding what changes and what stays the same helps you plan your next steps.
Expungement removes the conviction from your public record, allows you to legally say you were not convicted, stops employers and landlords from seeing it, and eliminates collateral consequences like professional license restrictions. However, it does not erase police arrest records, remove the conviction from sealed court files, allow you to deny it to law enforcement, restore gun rights, or undo immigration consequences. Courts, law enforcement, and government agencies can still access sealed records; you must disclose the conviction for certain government jobs or security clearances.
Checking for Automatic Set-Asides
You may not need to file a petition. If enough time has passed, the court may have already set aside your conviction automatically.
Contact the Michigan State Police Criminal Justice Information Center and request your current criminal record. The record shows whether convictions have been set aside.
You can also contact the prosecutor's office or court clerk in the county where you were convicted.
If the automatic set-aside has not happened, you have several options. You can wait for it to occur on its own timeline.
Many people do not realize automatic expungement exists. They assume they must file a petition. Checking first saves time and money.
Clearing your criminal record opens new possibilities for employment, housing, and professional licenses.
Frequently Asked Questions
What are the main requirements to qualify for Michigan Clean Slate expungement?
To qualify for Michigan Clean Slate expungement, you must meet eligibility requirements based on offense type and waiting periods. Misdemeanors generally become eligible after a set waiting period following sentence completion. Felonies have longer waiting periods and stricter limits on how many can be expunged. Certain offenses, including assaultive crimes, sexual offenses, and life sentences, are permanently ineligible. You must have completed your sentence, including probation and parole, before applying.
How do I check if my conviction was automatically set aside under Michigan's Clean Slate law?
Contact the court where your conviction occurred and request a records review. You can also obtain your official criminal record from the Michigan State Police or the county where you were convicted. An attorney can help you verify whether an automatic set-aside has occurred. If your conviction meets the automatic eligibility criteria and the waiting period has passed, the court should have initiated the set-aside process without requiring a petition from you.
What convictions are ineligible for expungement in Michigan?
Ineligible offenses include assaultive crimes, criminal sexual conduct, life offenses, and certain traffic-related convictions involving impaired driving. Crimes requiring sex offender registration are also permanently ineligible. Additionally, if you have multiple convictions, there are limits on how many can be set aside. Violent felonies and offenses against minors generally cannot be expunged regardless of how much time has passed.
How long do I have to wait before applying for Michigan expungement?
Waiting periods vary based on offense type. Misdemeanors typically have shorter waiting periods, while felonies require longer periods before becoming eligible. The waiting period begins after you complete your entire sentence, including probation and parole. Certain serious felonies have extended waiting periods. Checking the specific statute or consulting an attorney ensures you understand the exact timeline for your particular conviction.
