Michigan’s Clean Slate laws have dramatically expanded who can get a criminal record expunged. If you have old convictions on your record that are affecting your ability to find work, housing, or professional licenses, you may now qualify to have them set aside. This guide explains who is eligible, what offenses qualify, and how the expungement process works.
What Is Expungement in Michigan?
Expungement — legally called “setting aside a conviction” in Michigan — removes a criminal conviction from your public record. Once expunged, the conviction will not appear on standard background checks, and in most situations you can legally answer “no” when asked if you have been convicted of a crime.
Michigan has passed several rounds of Clean Slate legislation in recent years, significantly expanding eligibility. The most important changes allow more felony and misdemeanor convictions to be expunged, and some convictions are now eligible for automatic expungement without filing a petition.
Who Qualifies for Expungement Under Michigan’s Clean Slate Law?
Under current Michigan law, you may be eligible to petition for expungement if you meet the following criteria:
Number of Convictions
- Up to 3 felony convictions can be set aside
- Unlimited misdemeanor convictions can be set aside
- Convictions that arose from the same transaction (same incident) may be treated as a single conviction for counting purposes
Waiting Periods
- 3 years after sentencing, release from incarceration, or completion of probation (whichever is later) for misdemeanors
- 5 years for felonies
- 7 years for certain serious felonies
- Waiting periods may be reduced if you have maintained a clean record
Offenses That Cannot Be Expunged
Not all convictions are eligible for expungement. The following offenses generally cannot be set aside:
- Life felonies (first-degree murder, certain criminal sexual conduct offenses)
- Most felonies punishable by more than 10 years (with some exceptions)
- Child abuse convictions
- Certain domestic violence offenses (if you have a pattern of domestic violence convictions)
- Human trafficking offenses
Can DUI and OWI Convictions Be Expunged in Michigan?
Yes — this is one of the most significant changes under Michigan’s updated expungement laws. Previously, drunk driving convictions could never be expunged. Now, you may petition to set aside one DUI or OWI conviction if it is your only alcohol-related driving offense and you meet the waiting period requirements.
This is a game-changer for the many Michigan residents who have a single drunk driving conviction from years ago that has been following them on background checks. If you have a DUI on your record, contact McNamee Law to find out if you qualify.
Automatic Expungement in Michigan
Michigan also enacted an automatic expungement program. Under this system, certain eligible convictions are automatically set aside without you needing to file a petition. Automatic expungement applies to:
- Misdemeanors — automatically expunged 7 years after sentencing
- Felonies — automatically expunged 10 years after sentencing or release from incarceration
However, automatic expungement does not apply to all offenses, and the system relies on accurate court records. If your records contain errors or if your offense is not eligible for the automatic program, you will need to file a petition. An attorney can help determine whether your conviction will be automatically expunged or whether you should file a petition to speed up the process.
The Expungement Petition Process
If you are not eligible for automatic expungement or want to have your record cleared sooner, you can file a petition with the court. The process involves:
- Determine eligibility — Review your criminal history to confirm which convictions qualify
- Obtain certified records — Get copies of your criminal record from the Michigan State Police
- Prepare and file the petition — File with the court in the county where you were convicted
- Prosecutor review — The prosecuting attorney has 60 days to respond to your petition
- Court hearing — A judge will review your petition, your criminal history, and any objections from the prosecutor
- Decision — The judge grants or denies the expungement based on whether it serves the public welfare
How an Expungement Attorney Can Help
While you can file an expungement petition on your own, working with an experienced attorney significantly increases your chances of success. Common reasons petitions are denied include incomplete paperwork, incorrect counting of convictions, and failure to meet waiting period requirements.
At McNamee Law, attorney Brandon McNamee handles expungement cases throughout Michigan’s Thumb region and beyond. With transparent pricing starting at $1,000, we make the process straightforward and affordable. Learn more about our expungement services or call (810) 982-2020 for a free consultation.
Frequently Asked Questions
How long does the expungement process take?
From filing to decision, the process typically takes 3 to 6 months. The prosecutor has 60 days to respond, and then the court schedules a hearing.
Will an expunged conviction still show up on background checks?
Once expunged, the conviction should not appear on standard background checks. However, certain government agencies, law enforcement, and licensing boards may still have access to the sealed record.
Can I expunge a felony in Michigan?
Yes. Under Michigan’s current law, up to 3 felony convictions can be expunged, provided they are not life offenses or otherwise excluded. The waiting period for felonies is typically 5 years.
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