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Common Questions about Setting Aside Adult Convictions (Expungements)
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These are common questions about setting aside adult convictions (expungements).
Questions about Setting Aside Adult Convictions
Setting aside a conviction (sometimes called getting an expungement) will remove a specific conviction from your public criminal record. If you get an order setting aside your conviction, you can legally state on any job or school application that you have never been convicted of or arrested for that crime. You will also be able to state on any applications for public benefits, housing, or employment that you have not been convicted of that crime.
The court system and the Michigan State Police (MSP) will maintain a nonpublic record of your conviction. This means that the court and MSP will know of any convictions you set aside, should you apply to have another conviction set aside in the future. A conviction that has been set aside can also be used as a factor in your sentencing if you are convicted of another crime in the future.
A conviction is any misdemeanor or felony charge for which you were found guilty. You could have been found guilty by a judge or jury, or you might have signed a plea agreement stating that you were guilty of a crime.
The new law changes the number of convictions people can have set aside. There is not a limit to the number of misdemeanors that you could have set aside in your lifetime. Up to three felonies can be set aside in your lifetime. If you have more than three felony convictions, you may not be eligible to set aside any convictions. However, in some limited situations, multiple convictions to be counted as one.
You can only set aside two convictions for assaultive crimes in your lifetime. It doesn’t matter if the convictions are felonies or misdemeanors.
To learn more, read Setting Aside an Adult Conviction in Michigan.
Michigan criminal records can be searched online for a $10 fee. You can find your record by using the Internet Criminal History Access Tool at Michigan’s (ICHAT) webpage. Review the record carefully. If there are any errors on your record, see the Common Question What if there is incorrect information on my criminal record?
If you need to review your criminal history in other states, you can get a report from the FBI’s Criminal Background Check website. The cost is $18. You will need to submit a copy of your fingerprints.
Yes, certain convictions cannot be set aside. Convictions for the following offenses cannot be set aside:
- A violation, or an attempted violation, of engaging in child sexually abusive activity or producing, distributing, or possessing child sexually abusive material, MCL 750.145c
- A violation, or an attempted violation, of using a computer to solicit a minor, MCL 750.145d
- A violation, or an attempted violation, of an assault with the intent to commit criminal sexual conduct (CSC) involving penetration, MCL 750.520g
- A violation, or an attempted violation, of first or second degree child abuse, MCL 750.136(b)(2) or 750.136(b)(3)
- A violation, or an attempted violation, of child abuse in the presence of another child, MCL 750.136d(1)(b) or 750.136d(1)(c)
- A conviction for Operating While Intoxicated
- A felony conviction for domestic violence when you have a previous misdemeanor conviction for domestic violence
- A violation of human trafficking, MCL 750.462A to 750.462J and 750.543A to 750.543Z
- Any felony offense that is punishable by life in prison (even if your actual sentence was shorter)
- Any traffic offense committed by someone with an indorsement on their operator's or chauffeur's license to operate a commercial motor vehicle that was committed while the individual was operating the commercial motor vehicle or was in another manner a commercial motor vehicle violation
- Any traffic offense that causes injury or death
- A violation, or an attempted violation, of first degree Criminal Sexual Conduct (CSC), second degree CSC, or third degree CSC, MCL 750.520b, 750.520c, or 750.520d
- A conviction for fourth degree CSC, MCL 750.520e, on or after 01/12/15 cannot be set aside.
- A conviction for fourth degree CSC convictions prior to 01/12/15 can be set aside so long as you have no other convictions, other than up to two minor offenses. A minor offense is an offense for which
- The maximum term of imprisonment is not more than 90 days
- The maximum fine is not more than $1,000, and
- The person who committed the offense is not more than 21 years old.
A minor offense is a misdemeanor or ordinance violation for which the maximum imprisonment does not exceed 90 days, the maximum fine does not exceed $1,000, and is committed by a person who is 21 or younger.
You should first see if you are eligible to apply. Read the article Setting Aside an Adult Conviction for more details.
If you are eligible and waited the required time, get your fingerprints and a certified copy of your record of conviction. Use the Do-It-Yourself Expungement (Adult Conviction) tool to complete your forms. File the application with the court where you were convicted. After filing, you will need to send copies of the application to the Michigan State Police, the State Attorney General, and the prosecutor’s office that tried your case.
You will need to attend a hearing on your application to set aside your conviction. If the judge approves your application, you will need to verify with the Michigan State Police and Department of Corrections that your record has been made nonpublic.
There is a waiting period before you can file your application to set aside most convictions. The waiting period starts from whichever of the following happen last for the conviction you are trying to have set aside:
- The date you were convicted and/or sentenced
- The date you completed probation
- The date you were discharged from parole, or
- The date you were released from prison
Not all of these events may apply to your situation. You might not have been in prison, or you might not have been paroled or placed on probation.
The amount of time you have to wait depends on the type of conviction and number of convictions you have. Below are different waiting periods.
| Conviction Type | Waiting Period |
|---|---|
| One felony | Five years |
| Multiple felonies | Seven years |
| One or more serious misdemeanors (to learn more, read “Serious Misdemeanors” below) | Five years |
| One or more non-serious, non-assaultive misdemeanors | Three years |
A serious misdemeanor is any of the following offenses:
- Assault or battery, including domestic violence, MCL 750.81
- Assault or infliction of serious injury, including aggravated domestic violence, MCL 750.81a
- Breaking and entering, or illegal entry, MCL 750.115
- Fourth degree child abuse, MCL 750.136b
- Contributing to the neglect or delinquency of a minor, MCL 750.145
- Using the internet or computer to make a prohibited communication, MCL 750.145d
- Intentionally aiming a firearm without malice, MCL 750.233
- Discharge of a firearm intentionally aimed at a person, MCL 750.234
- Discharge of a firearm intentionally aimed at a person that causes injury, MCL 750.235
- Indecent exposure, MCL 750.335a
- Stalking, MCL 750.411h
- Selling or giving alcohol to someone under 21, if the violation results in physical injury or death to the person, MCL 436.1701
- Any conviction similar to one of the ones listed above
- Any conviction listed above that was reduced (This means if your misdemeanor conviction was originally a charge for a serious misdemeanor but later reduced, the waiting period will be five years, not three, for that conviction.)
Not all serious misdemeanors can be set aside. For example, operating a vehicle or a vessel while intoxicated and some other convictions that involve driving that cannot be set aside.
It can cost about $100 to get a conviction set aside. There is no fee to file the Application to Set Aside Conviction. However, there is a $50 Michigan State Police background check fee and other fees for getting fingerprinted and copies of records and documents you will need to file with the application.
If the judge orders your conviction to be set aside, the court will send a copy of the Order On Application to Set Aside Conviction to the Michigan State Police. The State Police will then remove the conviction from your record on ICHAT. You can check after about a month to verify that your record appears clear.
The Michigan Department of Corrections Offender Tracking and Information System (OTIS) keeps a separate record of your conviction if you were sentenced to imprisonment. To clear this record, you need to send a copy of the signed order to
You can find out who was the prosecuting official in your criminal case on your record of conviction or on your original court paperwork. To find the address of the prosecutor see the Michigan Prosecuting Attorney Office Directory. Or, while you are at the court, you can ask the court clerk how to get the correct prosecuting official’s address (county, city, or township). You will need this address to send a copy of your Application to Set Aside Conviction to the prosecutor.
You must file your application with the court clerk where you were convicted even if you have moved away from that city or county. The application is a part of the original criminal case and remains in the same court file.
Yes. You will have to file your Application to Set Aside Conviction with the court. You will have a court hearing to explain to the judge why your conviction should be set aside. If you qualify to have your conviction set aside, the judge still has to decide whether to set aside your conviction or not. You will need to prove to the judge that your circumstances and behavior justify setting aside the conviction and that setting aside your conviction is good for the general public.
From the beginning of the process, it could take about 6 months or more to gather your records, have a hearing, and have your conviction set aside.
It typically takes a month after the judge issues the order to set aside your conviction for your record to be made nonpublic and removed from the Michigan State Police ICHAT system. The Department of Corrections keeps separate records of convictions, and you will also have to send a copy of the signed order to it to have it remove this record of your conviction.
If you were convicted of certain prostitution offenses you committed because you were a victim of human trafficking, you may be eligible to have those convictions set aside. Special rules allow you to set aside more than one of these convictions, and you don’t have to wait for five years. You may want to contact a lawyer in your area to help you with this. If you have low income, you may qualify for free legal services. Whether or not you have low income, use the Guide to Legal Help to find lawyers and legal services in your area.
Someone who has misdemeanor marijuana convictions may be eligible to set them aside without a waiting period. Convictions may be set aside if the offense would not have been a crime on or after December 6, 2018. This is the date that recreational marijuana became legal in Michigan. The judge will assume that violations of the following misdemeanor marijuana laws would not have been crimes on or after December 6, 2018, and can be set aside:
- MCL 333.7403
- MCL 333.7404
- MCL 333.7453
- A local ordinance (law) that is substantially the same as any of the statutes above
To learn more, read Setting Aside an Adult Conviction in Michigan.
The new law allows for someone to set aside certain traffic convictions. Not all traffic convictions can be set aside. The following convictions cannot be set aside:
- Any operating while intoxicated conviction
- Any traffic offense committed by someone who has an operator's or chauffeur’s license while that person was operating the commercial motor vehicle
- Any traffic offense that causes injury or death
To learn more, read Setting Aside an Adult Conviction in Michigan.
In some limited situations you can ask the judge to count multiple convictions as one. To be eligible for this, the convictions must have resulted from the same set of actions within a 24-hour period. None of the convictions can be for:
- An assaultive crime
- A crime involving the use or possession of a dangerous weapon
- A crime with a maximum sentence of 10 or more years’ imprisonment
To learn more, read Setting Aside an Adult Conviction in Michigan.
You cannot set aside more than two convictions for assaultive crimes. In general, assaultive crimes are crimes that involve physically hurting another person. An assaultive crime includes any of the following:
- A violation described in MCL 770.9a
- A violation of sections MCL 750.81 to 750.90h, not otherwise included in subparagraph (i)
- A violation of section MCL 750.110a, MCL 750.136b, MCL 750.234a, MCL 750.234b, MCL 750.234c, MCL 750.349b, or MCL 750.411h, or any other violent felony
- A violation of a law of another state or of a political subdivision of this state or of another state that substantially corresponds to a violation described in any of the statutes mentioned above
To learn more, read Setting Aside an Adult Conviction in Michigan.
There will be a process for some convictions to be set aside without an application. That process won’t be available until 2023. We will update our materials when the process is available. For now, anyone who wants to set aside a conviction must file an application to do so.
Sometimes there is incorrect information about your criminal history. The incorrect information could be found on a court record, a record from the Michigan State Police or Department of Corrections, an FBI record, or a record with a private company that does background checks. To learn more about steps you can take to fix your record, read Fixing Mistakes on Your Criminal Record.
If you want to clear your conviction history but are not eligible to set aside the conviction, you can ask the governor for a pardon. See information from the Michigan Department of Correction’s Parole Board Information page.