Expunging a Criminal Record in Michigan (2026)
Reviewed by DocDraft Legal Team · Michigan · Last updated August 19, 2026
Michigan does not call record-clearing 'expungement' in its statute; the legal relief is a 'set aside' of a conviction under MCL 780.621, which removes the conviction from the public record. The 2020 Clean Slate laws, effective April 11, 2021, expanded who can petition and shortened waiting periods, and first-offense OWI became set-aside eligible on February 19, 2022. Since April 11, 2023, Michigan also automatically sets aside many eligible misdemeanors after seven years and eligible felonies after ten years under MCL 780.621g, with no petition. Serious and assaultive offenses, crimes punishable by ten or more years, criminal sexual conduct, and human trafficking are excluded. A person petitions in the court of conviction, and the Michigan State Police keeps the criminal history repository.
Find out where you stand in Michigan
What are you trying to clear?
DocDraft provides document preparation, not legal advice.
What record-clearing relief does Michigan offer, and what is it called?
Michigan calls it a 'set aside' of a conviction under MCL 780.621, not 'expungement.' A set-aside removes the conviction from the public record so it does not appear on most background checks. The 2020 Clean Slate laws, effective April 11, 2021, broadened who is eligible and shortened waiting periods.
What is eligible in Michigan and what is the waiting period to set aside a conviction?
By petition in Michigan, most misdemeanors qualify after three years, a single felony or a serious misdemeanor after five years, and multiple felonies after seven years, measured from sentencing or completion of imprisonment or probation, whichever is later. Caps limit how many convictions can be set aside.
Can you set aside a felony in Michigan?
Yes, many felonies can be set aside in Michigan. By petition you may clear one felony after five years or up to a limited number of felonies after seven years. Excluded are crimes punishable by life or ten or more years, assaultive felonies beyond the caps, criminal sexual conduct, and human trafficking.
Does Michigan have automatic 'Clean Slate' set-aside without a petition?
Yes. Since April 11, 2023, Michigan automatically sets aside certain convictions under MCL 780.621g. Eligible misdemeanors are set aside seven years after sentencing and eligible felonies ten years after sentencing or release. Automatic relief excludes assaultive crimes, serious misdemeanors, crimes of dishonesty, and offenses punishable by ten or more years.
Michigan's Set-Aside Petition, Clean Slate Automatic Relief, and Excluded Crimes
Michigan's record-clearing law is a 'set aside' of a conviction under MCL 780.621, which removes the conviction from the public record rather than physically destroying every trace of it. The 2020 Clean Slate laws, effective April 11, 2021, expanded eligibility and cut the waiting periods, and first-offense operating while intoxicated (OWI) became set-aside eligible on February 19, 2022. By petition, most misdemeanors qualify three years after sentencing or completion, a single felony or a serious misdemeanor after five years, and multiple felonies after seven years, with statutory caps on how many convictions can be cleared. Since April 11, 2023, Michigan also runs an automatic set-aside program under MCL 780.621g: eligible misdemeanors punishable by 93 days or more are set aside seven years after sentencing (up to four), and up to two eligible felonies are set aside ten years after sentencing or release, whichever is later, with no application and no fee. Both tracks exclude assaultive crimes, serious misdemeanors, crimes of dishonesty, any offense punishable by ten or more years, criminal sexual conduct, human trafficking, offenses involving a minor or a death, and many traffic offenses. A person files the petition in the court of conviction (the circuit court for felonies, the district court for misdemeanors), and the Michigan State Police maintains the criminal history repository and updates the record.
Relevant Laws
Set Aside of Conviction (MCL 780.621)
Michigan's core record-clearing statute lets a person petition the court of conviction to set aside eligible convictions, which removes them from the public record. The 2020 Clean Slate laws, effective April 11, 2021, expanded eligibility and shortened the waiting periods, and first-offense OWI became eligible on February 19, 2022.
Automatic Set Aside, Clean Slate (MCL 780.621g)
Effective April 11, 2023, Michigan automatically sets aside eligible misdemeanors seven years after sentencing (up to four) and up to two eligible felonies ten years after sentencing or release, with no petition or fee. Assaultive crimes, serious misdemeanors, crimes of dishonesty, and offenses punishable by ten or more years are excluded.
Eligibility, Waiting Periods, and Caps (MCL 780.621d and 780.621e)
These provisions set the petition timeline and limits: most misdemeanors qualify after three years, a single felony or serious misdemeanor after five years, and multiple felonies after seven years, measured from sentencing or completion, with caps on the number of felonies and misdemeanors that may be set aside.
No General Federal Expungement of State Records
There is no general federal law to expunge a Michigan state conviction; record-clearing is set by Michigan law under MCL 780.621. The state repository that updates a set-aside record is the Michigan State Police, which also provides the Clean Slate public information used to check automatic relief.
Regional Variances
Michigan Set-Aside Eligibility Table
Relief type and name
Michigan offers a 'set aside' of a conviction under MCL 780.621, not statutory 'expungement.' A set-aside removes the conviction from the public record so it does not appear on most background checks, while a nonpublic record is preserved for courts, law enforcement, and certain licensing uses.
Petition eligibility and waiting periods
By petition, most misdemeanors qualify three years after sentencing or completion, a single felony or a serious misdemeanor after five years, and multiple felonies after seven years, whichever date is later, under MCL 780.621d. First-offense OWI has been eligible since February 19, 2022. Statutory caps limit how many convictions can be cleared.
Automatic set-aside timing (Clean Slate)
Under MCL 780.621g, effective April 11, 2023, Michigan automatically sets aside up to four eligible misdemeanors (93 days or more) seven years after sentencing, and up to two eligible felonies ten years after sentencing or release, whichever is later, with no petition and no fee, provided no new charges or convictions intervened.
Excluded offenses
Neither track clears crimes punishable by life or by ten or more years, assaultive felonies beyond the caps, serious misdemeanors, crimes of dishonesty, criminal sexual conduct, human trafficking, or offenses involving a minor, serious injury, or death. Automatic relief also excludes most traffic offenses, including OWI, which must be set aside by petition.
Suggested Compliance Checklist
Confirm Michigan eligibility and the waiting period
Before you file or rely on automatic relief days after startingVerify your offense class and that the MCL 780.621 waiting period has passed: three years for most misdemeanors, five years for one felony or a serious misdemeanor, and seven years for multiple felonies from sentencing or completion. Confirm the conviction is not an excluded assaultive, ten-year, criminal sexual conduct, or human trafficking offense.
Check whether Clean Slate already set the record aside
Before paying to petition days after startingBecause MCL 780.621g automatically sets aside eligible misdemeanors after seven years and eligible felonies after ten years since April 11, 2023, check the Michigan State Police Clean Slate information first. If the record already qualified automatically, you may not need to file a petition or pay the fee.
Obtain your Michigan criminal history and application
Before filing the petition days after startingPull your record from the Michigan State Police (ICHAT) and complete the SCAO Application to Set Aside Conviction (form MC 227), listing every conviction accurately with case numbers and dates. Prepare the required set of fingerprints so the state can match your record.
File in the court of conviction and serve the prosecutor and Attorney General
After confirming eligibility days after startingFile the application in the circuit court (felony) or district court (misdemeanor) where you were convicted, pay the $50 Michigan State Police processing fee or request a fee waiver, and serve the prosecuting attorney and the Michigan Attorney General, who may object before the hearing.
Attend the hearing and confirm the record is updated
After the court sets a hearing days after startingAttend the hearing, present proof of rehabilitation, and, if the judge grants the order, keep a certified copy and confirm the Michigan State Police updated the repository. An attorney can help if the prosecutor objects or your eligibility is contested. Remember some agencies may still see a nonpublic record.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm Michigan eligibility and the waiting period | Verify your offense class and that the MCL 780.621 waiting period has passed: three years for most misdemeanors, five years for one felony or a serious misdemeanor, and seven years for multiple felonies from sentencing or completion. Confirm the conviction is not an excluded assaultive, ten-year, criminal sexual conduct, or human trafficking offense. | - | Before you file or rely on automatic relief |
| Check whether Clean Slate already set the record aside | Because MCL 780.621g automatically sets aside eligible misdemeanors after seven years and eligible felonies after ten years since April 11, 2023, check the Michigan State Police Clean Slate information first. If the record already qualified automatically, you may not need to file a petition or pay the fee. | - | Before paying to petition |
| Obtain your Michigan criminal history and application | Pull your record from the Michigan State Police (ICHAT) and complete the SCAO Application to Set Aside Conviction (form MC 227), listing every conviction accurately with case numbers and dates. Prepare the required set of fingerprints so the state can match your record. | - | Before filing the petition |
| File in the court of conviction and serve the prosecutor and Attorney General | File the application in the circuit court (felony) or district court (misdemeanor) where you were convicted, pay the $50 Michigan State Police processing fee or request a fee waiver, and serve the prosecuting attorney and the Michigan Attorney General, who may object before the hearing. | - | After confirming eligibility |
| Attend the hearing and confirm the record is updated | Attend the hearing, present proof of rehabilitation, and, if the judge grants the order, keep a certified copy and confirm the Michigan State Police updated the repository. An attorney can help if the prosecutor objects or your eligibility is contested. Remember some agencies may still see a nonpublic record. | - | After the court sets a hearing |
Frequently Asked Questions
A petition-based set-aside in Michigan carries a $50 fee payable to the Michigan State Police for processing the fingerprint-based application, plus any court costs. Automatic Clean Slate set-asides under MCL 780.621g are free because there is no application. An attorney's fee, if you hire one, is separate and optional.
A petition in Michigan commonly takes several months from filing to a hearing, because the prosecutor and Attorney General have time to review and object before the judge rules. Automatic Clean Slate set-asides happen on a rolling basis without a hearing once the seven-year or ten-year period passes. Timing varies by court and caseload.
Sometimes. A Michigan set-aside removes the conviction from the public record, but the law preserves a nonpublic record that courts, law enforcement, and certain licensing bodies may access for specified purposes, such as later prosecutions or applications for a law-enforcement or child-care license. Immigration authorities may also still consider the conviction.
Generally yes for most purposes. Once a conviction is set aside in Michigan, it is deemed not to have occurred for most public and employment purposes, so it should not appear on a standard background check. Exceptions exist for certain applications, such as law-enforcement or judicial positions, where you may still need to disclose. An attorney can help confirm your situation.
Yes. Since February 19, 2022, a first-offense operating while intoxicated (OWI) conviction has been eligible for a set-aside by petition in Michigan, subject to the waiting period and court approval. Automatic Clean Slate relief, however, does not cover traffic offenses, so an OWI must be cleared through a petition rather than automatically.
Other Michigan guides
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.