Criminal Record Expungement in Michigan: A Legal How-To Guide

Having a criminal record can create significant barriers in life, affecting employment opportunities, housing applications, and even personal relationships. Fortunately, Michigan law allows eligible individuals to clear their records through criminal record expungement.

Expungement is the legal process of sealing or erasing a conviction from public view, giving individuals a fresh start. This guide will walk you through Michigan’s expungement laws, eligibility requirements, the step-by-step process, and common challenges you may face.

By the end of this article, you’ll have a clear understanding of how to pursue criminal record expungement in Michigan and improve your future prospects.

What Is Criminal Record Expungement?

Criminal record expungement is a court-ordered process that removes a conviction from public records. While law enforcement agencies may still access expunged records under certain circumstances, employers, landlords, and the general public will not see them.

In Michigan, expungement is governed by the Clean Slate Act (2020), which expanded eligibility for record clearing. This law allows more offenses to be expunged and simplifies the process for many applicants.

Benefits of Expungement

• Improved job opportunities

• Better housing options

• Professional licensing eligibility

• Restoration of voting rights (if applicable)

• Peace of mind and a fresh start

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Who Is Eligible for Criminal Record Expungement in Michigan?

Not all convictions qualify for expungement. Michigan law sets specific eligibility criteria based on:

• The type of offense

• The number of convictions

• The time passed since sentencing

Eligible Offenses

Under the Clean Slate Act, the following convictions may be expunged:

• Misdemeanors (up to 4 can be expunged)

• Felonies (up to 3 can be expunged, with exceptions for serious crimes)

• Some traffic offenses (but not DUIs)

• Certain marijuana-related offenses (under Michigan’s legalization laws)

Ineligible Offenses

Certain crimes cannot be expunged, including:

• Assault with intent to murder

• Criminal sexual conduct (CSC) offenses

• Trafficking offenses

• Felonies punishable by life imprisonment

Waiting Periods

Before applying for criminal record expungement, you must wait:

• 3 years for misdemeanors (after sentencing, probation, or parole)

• 5 years for felonies (after sentencing, probation, or parole)

Step-by-Step Guide to Expunging Your Criminal Record in Michigan

Step 1: Determine Your Eligibility

Before filing, confirm that your convictions qualify under Michigan law. Use the Michigan State Police (MSP) criminal history record to review your charges.

Step 2: Obtain Your Criminal Record

Request a copy of your rap sheet from:

• The Michigan State Police (ICHAT) system (https://apps.michigan.gov/)

• Your local court clerk’s office

Step 3: Complete the Required Forms

You’ll need:

• Application for Setting Aside Conviction (MC 227)

• Fingerprint card (processed by MSP)

• Proposed Order (MC 228)

Download these forms from the Michigan Courts website.

Step 4: File Your Expungement Petition

Submit your completed forms to:

• The court where you were convicted

• The Michigan State Police

• The prosecutor’s office (for felonies)

Pay the required filing fee (varies by county, typically $50-$150).

Step 5: Attend a Hearing (If Required)

Some cases require a court hearing where a judge reviews your petition. Be prepared to:

• Explain why you deserve expungement

• Provide evidence of rehabilitation (employment records, community service, etc.)

Step 6: Await the Judge’s Decision

If approved, the court will issue an order of expungement. The MSP will then update your record.

Step 7: Confirm Your Record Is Cleared

Check your record via ICHAT after 30-60 days to ensure the expungement is processed.

Common Challenges in the Expungement Process

1. Incomplete or Incorrect Paperwork

Errors in your application can delay or deny your request. Double-check all forms before submission.

2. Prosecutorial Objections

Prosecutors may oppose expungement for serious offenses. Hiring a lawyer can help counter objections.

3. Multiple Convictions

If you have several convictions, prioritize expunging the most damaging ones first.

4. Delays in Processing

Courts and agencies may take months to process requests. Follow up regularly.

Do You Need a Lawyer for Criminal Record Expungement?

While you can file for criminal record expungement without a lawyer, legal assistance improves success rates. An attorney can:

• Ensure proper paperwork

• Argue your case in court

• Handle prosecutor objections

Many legal aid organizations in Michigan offer low-cost or free expungement help.

Frequently Asked Questions (FAQs)

1. How long does expungement take in Michigan?

The process typically takes 6-12 months, depending on court backlogs.

2. Will expungement restore my gun rights?

No, Michigan law still prohibits firearm possession for certain expunged felonies.

3. Can I expunge a DUI in Michigan?

No, OUIL/OWI convictions (drunk driving offenses) are ineligible.

4. What if my expungement is denied?

You can reapply after addressing the denial reason (e.g., waiting longer, providing more evidence).

Conclusion

Criminal record expungement in Michigan offers a life-changing opportunity for those burdened by past mistakes. By understanding eligibility, following the legal process, and seeking professional help when needed, you can clear your record and move forward with confidence.

If you’re ready to take the next step, gather your documents, file your petition, and reclaim your future. Expungement isn’t just about erasing the past—it’s about building a brighter tomorrow.