If you have a criminal record, new laws in Michigan allow you to erase eligible criminal records! This legal process to get rid of your criminal records is called expungement.
As with most legal processes, there are a lot of steps and paperwork involved in this process. We're committed to helping reduce these barriers. We work with partners to offer free attorney, notary, and fingerprinting services.
Expungement Process
There are a lot of steps and paperwork involved in removing conviction records. Below is the general overview but the process depends on your individual situation.
- Get certified copies of conviction records
- Fill out application but don't sign it
- Get fingerprinted
- Sign application with a notary present
- Make 5 copies of application and conviction records
- File application with the County Clerk and get your hearing date
- Mail copies of application packet to the applicable prosecutor office, Attorney General, and Michigan State Police
- With the remaining two application copies, complete proof of service
- Prepare for hearing
Excluded Offenses
Life offenses and criminal sexual conduct convictions are NOT eligible to be removed under the Michigan Clean Slate law. Traffic Convictions under a commercial driver’s license and traffic convictions involving injury or death are not eligible for removal from your record. Out-of-state or federal convictions are not eligible for this program.
Eligible Offenses
Clean slate laws allow up to three Michigan felonies to be set aside in a lifetime and place a no-lifetime limit on Michigan misdemeanors.
Marijuana Offenses
Judges must grant applications to remove marijuana offenses that would no longer be a crime as of 12/6/2018.
If you have a prior marijuana offence, there is presumption that a judge will grant an expungement.
Minor Misdemeanors
You can apply for up to two minor misdemeanors to be removed after three years.
After seven years, four minor misdemeanors will be removed automatically.
Serious Misdemeanors
You can apply for one serious misdemeanor to be removed after five years from sentencing or from when you were released from incarceration, whichever is latest.
After seven years, you can apply for removal of additional offenses.
Non-Assaultive Felony
You can apply for one non-assaultive felonies to be removed from your record after 5 years from sentence or released from incarceration, whichever is latest.
After seven years, you can apply for second and third felonies to be removed. After 10 years, up two non-assaultive felonies will be removed automatically.
Assaultive Felony
You can apply to have one assaultive felony removed after five years from sentencing or from when you were released from incarceration, whichever is latest.
After seven years, you can apply to have second and third felonies removed from your record. Assaultive felonies are not eligible for automatic removal.
Driving Under the Influence (DUI) and Operating While Intoxicated (OWI)
You can only apply to remove driving under the influence (DUI) or operating while intoxicated (OWI) convictions if no one was injured.
You can apply to remove first offences of DUI or OWI from your record five years after probation ends.
Have More Questions?
Visit Michigan Legal Help's Questions about Setting Aside Adult Convictions page.