In Michigan, expungement—legally referred to as “setting aside a conviction”—can provide a second chance for individuals who have completed their sentence and remain law-abiding individuals.
Over the last several years, Michigan significantly expanded access to expungement through what is commonly known as the ‘Clean Slate Legislation.’ While expungement can dramatically improve employment and housing opportunities, it does not provide a clear pathway for immigrants. Understanding both the state and federal implications is critical before filing for an expungement in a local court.
What Is an Expungement Under Michigan Law?
Expungement in Michigan is governed primarily by Michigan Compiled Laws 780.621. When a conviction is set aside, it is removed from the public criminal history record and generally does not appear on most background checks. The record is not destroyed, but it becomes nonpublic and inaccessible in most routine employment screenings.
Eligibility depends on the type of offense, the number of prior convictions, and the amount of time that has passed since completion of the sentence, including probation or parole. In many cases, individuals may petition to set aside up to three felony convictions and an unlimited number of misdemeanors, subject to statutory limitations. Waiting periods typically range from three to seven years, depending on the offense classification.
Ineligible Convictions
Certain convictions remain ineligible, including life-maximum felonies, most criminal sexual conduct offenses, child abuse, human trafficking, terrorism-related offenses, and certain traffic crimes such as operating while intoxicated (OWI). Offenses punishable by ten or more years, assaultive crimes, serious misdemeanors, and crimes of dishonesty are often excluded from automatic expungement.
To determine whether a specific conviction qualifies under Michigan law, individuals may review the statutory classification of their offense through the Michigan State Police statute search tool.
Additional official guidance regarding eligibility and procedure is available through the Michigan State Police Clean Slate page.
Michigan’s Clean Slate Law
On October 13, 2020, Public Act 193 of 2020 was signed into law, forming part of what is commonly referred to as Michigan’s Clean Slate laws. The legislation became effective in stages beginning April 11, 2021, with the automated expungement system becoming operational on April 11, 2023.
Under this framework, the Michigan State Police (MSP), working with the Department of Technology, Management, and Budget, developed an automated system that identifies and sets aside certain eligible convictions without the need for an application. Courts across the state now receive daily secure notifications from MSP reflecting convictions that have been automatically set aside within the Criminal History Record database. If you want to check whether your conviction was automatically expunged you can access your criminal history records on the MSP website.
Not all convictions qualify for automatic expungement. Many still require a formal application and court hearing. Automatic expungement does not apply to assaultive crimes, serious misdemeanors, crimes involving dishonesty, offenses punishable by ten or more years, certain crimes involving minors or vulnerable adults, human trafficking offenses, and specified traffic crimes including Operating While Intoxicated (OWI) and certain commercial motor vehicle violations.
The Application Process
For convictions that are not automatically expunged, an individual must file an Application to Set Aside Conviction (SCAO Form MC 227) in the court where the conviction occurred. Each conviction requires a separate petition.
The process typically includes obtaining certified copies of the conviction from the court, securing a criminal history report from the Michigan State Police, submitting fingerprints, paying applicable filing fees (for example, Wayne County charges approximately $50), and serving copies of the petition on the prosecuting attorney, the Michigan Attorney General, and the Michigan State Police. This process is very specific and must be following closely, otherwise the applicant must restart the entire process if any of the steps are missed.
After filing, the court schedules a hearing. At that hearing, the judge evaluates the nature of the offense, the applicant’s conduct since the conviction, and whether granting the expungement serves the public welfare. This hearing is the applicant’s chance to make their case to the judge and explain why they need the expungement. The best presentations we have observed in court are ones where someone had their points laid out ahead of time so they can make a strong case to the judge. Prosecutors and, in some cases, victims may object. If granted, the conviction becomes nonpublic, although updates across private background databases may take time.
Do You Still Have to Report an Expunged Conviction?
For most private employment situations within Michigan, once a conviction has been set aside, an individual may legally state that they have not been convicted of that offense. However, there are exceptions. Certain government agencies, law enforcement positions, and licensing boards may still access sealed records. Therefore, it is very important for you to read the question on applications closely to determine whether it is asking about a conviction, a conviction that is set aside, or an arrest.
Applications for federal programs such as Global Entry or NEXUS often require disclosure of expunged or sealed convictions. Federal authorities frequently retain access to underlying records and expect full transparency.
Expungement and Immigration: A Critical Warning
Expungement under Michigan law does not eliminate immigration consequences.
Under federal immigration law, a conviction generally remains a conviction for immigration purposes even if it has been expunged under state law. Immigration authorities—including United States Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE)—may still consider the underlying conviction when evaluating admissibility, removability, naturalization eligibility, or discretionary relief. Sometimes, it is recommended for convictions not to be expunged because it makes retention of the records nearly impossible leaving the immigrant at the mercy of the agency’s interpretation of the underlying conviction without official records showing the facts and outcome of the case.
If you are an immigrant, you need to keep in mind that an expunged conviction:
- May trigger deportation proceedings.
- May affect eligibility for adjustment of status (green cards) or citizenship.
- Must often still be disclosed on immigration forms.
- May affect admissibility at ports of entry or participation in trusted traveler programs.
For non-U.S. citizens, filing an expungement petition without first consulting an experienced attorney well versed in immigration and criminal laws can be a serious strategic mistake. In some cases, post-conviction relief other than expungement may be more appropriate if the goal is to mitigate immigration exposure. That may include a recommendation to reopen the case based on underlying constitutional violations.
If you are considering an expungement—or if you have already received one and have questions about reporting requirements or immigration impact—it is highly advisable to obtain individualized legal guidance.
If you or a family member need information regarding a specific case or the assistance of experienced attorneys fighting for people like you every day, call our 24-7 English/Spanish line at 248-951-2450 or reach out to us at Atiya Law.