Applying to Set Aside (Expunge) an Adult Criminal Conviction

The process to get your criminal conviction set aside can take about six months or more. This includes gathering your records, having a hearing, and having your conviction set aside. To learn more about the new clean slate laws and how they could impact your application, read An Overview of Michigan's Expungement Laws. 

Use the toolkit I Have an Adult Criminal Conviction That I Would Like to Set Aside (Expunge) for a checklist with step-by-instructions. 

The first step in the process is to complete an Application to Set Aside Conviction and have it notarized. The easiest way to do this is to use the Do-It-Yourself Expungement (Adult Conviction) tool.

Then you will need to go to the court where you were convicted and get a certified record of conviction. Make five copies of your application and your certified record. Read “Get a Copy of Your Records” below for more information. Then you need to get fingerprinted. You can do this at a local police station or a Michigan State Police (MSP) post.

Next, file your application with the court where you were convicted. Then you will send a copy of your application, the certified record of conviction, and your fingerprints to the MSP, along with a $50 check or money order, made out to the State of Michigan.

Finally, you need to notify the Michigan Attorney General and the prosecutor who handled your conviction by sending them each a copy of your application and certified order of conviction. The court clerk will schedule a hearing. Read “Prepare for and Attend the Hearing” below to learn more. You can find detailed instructions in the I Have an Adult Criminal Conviction That I Would Like to Set Aside (Expunge) toolkit.

If you have questions about your record, use Michigan’s Internet Criminal History Access Tool (ICHAT) to get a copy of your criminal history. You can download it from ICHAT for $10. Your ICHAT record will have three segments: arrest, charge, and judicial. Look at the judicial segment to find the information you need to see if you are eligible to set aside your convictions.

Your certified record will have all the information you need about that specific conviction. Go to the court where you were convicted to get a copy. See Step 2 of the Checklist to learn more about this process.

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.

Prepare for and Attend the Hearing

After your application is processed by the MSP, you will have to attend a hearing in the court where you were convicted. At the hearing, you will explain to a judge why your conviction should be set aside. It is helpful if you can testify that you haven’t been involved in criminal activity since your conviction. You may also want to explain how you have changed your life since your conviction. Some examples of positive changes include:

• Doing community service or volunteering
• Being involved in or completing a drug or alcohol treatment program
• Participating in an educational or vocational program, or getting a degree, certificate, or license
• Getting a new job or getting promoted at work
• Improved relationships with family, or becoming a parent

It also helps to testify why you want to clear your public record, such as wanting to get a professional license or wanting more employment opportunities.

You may want to ask people close to you to write letters of support. Some examples of people you can ask to write letters of support are your family, friends, employer or work supervisor, church leaders, or other community members. The letters should include information about how they know you, how long they have known you, and positive information about you. Some examples of positive information about you can include how you are a:

• Great and reliable parent, family member, or friend
• Hard worker who is always on time and trustworthy
• Devoted member of the church or community who is always quick to volunteer to help

One person’s letter may include all of these examples and other positive information. Letters that give specific examples of good things you have done are more meaningful than letters that just generally say that you are a good person.

Ask people to write letters with enough time so you can file copies with the court before your hearing. Also serve the prosecutor and Michigan Attorney General with copies. Be sure to keep copies of the letters for your records and take them with you to your hearing.

People who are not able to write letters but still want to support you could go to your hearing and testify as witnesses. If you have witnesses, be sure to let the judge know when your hearing starts.

Law enforcement officials and the victims of your crime may testify at the hearing to support your application or to object to it.

If the judge agrees that your conviction should be set aside, they will sign an order to set aside conviction. The court should then send a copy of it to the MSP and the police agency that arrested you. However, you may want to ask to make sure the court will send it and that you don’t have to.

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 MSP. The MSP will keep a nonpublic copy of the order and other documents related to your conviction, like the arrest record, fingerprints, and sentence. The MSP 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 nonpublic record can only be accessed by the following:

• A court that has authority to review your conviction
• An agency of the judicial branch of state government
• The Department of Corrections (DOC)
• A law enforcement agency
• A prosecutor or assistant prosecutor
• The attorney general
• The governor

These are the only reasons why someone listed above can access your nonpublic records:

• You submitted a license application that requires someone who works for the judicial branch to review it
• To show that you filed an application to set aside a conviction or had a conviction set aside
• You are convicted of a new crime that carries a possible sentence of imprisonment of more than one year, and a court is determining how to sentence you
• The governor is reviewing your request for a pardon of a different conviction
• You apply for a job with a law enforcement agency or the DOC
• They need to determine whether you need to be registered under the Sex Offenders Registration Act (SORA) or whether you violated SORA

You may need to get a copy of your nonpublic record for immigration, adoption, or personal use. You can do this by sending your fingerprints and a $30 processing fee to the MSP. All of your convictions will show up on this record but any expunged convictions will have a notation showing they were set aside.  For more information, visit the MSP webpage on searching criminal history records.  

Anyone other than those listed above who makes your set aside conviction public, uses it to make a decision about you, or publishes information about it is guilty of a misdemeanor. They could be in jail for 90 days, fined $500, or both. The victim of the crime is not subject to this penalty.

How Will Expungement Impact an Immigration Case?

Expungements are not recognized by the immigration system. You may still be required to provide information related to your criminal convictions, even if they have been expunged. A failure to produce records could result in a denial of your application for immigration relief. If you have a criminal record and are seeing immigration relief, you may want to speak to a lawyer. If you have a low income, you may qualify for free legal services. Whether you have a low income or not, you can use the Guide to Legal Help to find lawyers in your area. 

Restitution is money that a defendant is ordered to pay the victim. Setting aside a conviction does not affect restitution. If you are still paying restitution, you may want to speak with a lawyer about whether you should wait to file your application until after you finish paying it.

If you do not qualify to set aside your conviction or the judge did not order your conviction to be set aside, you can ask the governor for a pardon. For more information about this option, visit the Michigan Parole Board Information webpage.

In some cases, setting aside a conviction can be complicated. If you need help, you may want to talk to a lawyer. Many counties around Michigan have free expungement fair events where you can talk with a lawyer who will help you fill out your application. Visit the Legal Clinics and Events webpage or do an internet search to find upcoming expungement events near you.

Some counties have also created an intake process to help people looking for assistance. Visit Safe and Just Michigan to see the list of resources available in your county. Scroll to the bottom of the page for a list. 

If you have a low income, you may qualify for free legal services. Whether you have a low income or not, you can use the Guide to Legal Help to find lawyers in your area. If you are not able to get free legal services but can’t afford high legal fees, consider hiring a lawyer for part of your case instead of the whole thing. This is called limited scope representation. To learn more, read Limited Scope Representation (LSR): A More Affordable Way to Hire a Lawyer. To find a limited scope lawyer, follow this link to the State Bar of Michigan lawyer directory. This link lists lawyers who offer limited scope representation. You can narrow the results to lawyers in your area by typing in your county, city, or zip code at the top of the page. You can also narrow the results by topic by entering the kind of lawyer you need (divorce, estate, etc.) at the top of the page.