Michigan Expungement & Record Sealing Guide

Who Qualifies for Expungement in Michigan?

Michigan has two paths: automatic expungement (Clean Slate Act) and petition-based expungement. Michigan uses true expungement — records are set aside and removed from public access.

Automatic Expungement (Clean Slate Act — effective April 2023)

The Michigan State Police reviews records and automatically expunges eligible convictions:

• Misdemeanors: Automatically expunged 7 years after sentencing or release (whichever is later), provided no new convictions
• Most felonies: Automatically expunged 10 years after sentencing or release, provided no new convictions
• Serious misdemeanors (assault, domestic violence, DUI): Not eligible for automatic expungement — must petition
• Assaultive crimes and crimes punishable by 10+ years: Not eligible for automatic expungement

Petition-Based Expungement (expanded under Clean Slate)

You may petition to expunge convictions before the automatic timeline. Eligibility under the expanded law:

• Up to 3 felony convictions may be expunged (previously only 1)
• Unlimited misdemeanor convictions may be expunged (previously max 2)
• Waiting periods: 3 years for misdemeanors; 5 years for most felonies; 7 years for serious offenses
• No new convictions during the waiting period
• Not currently charged with any offense

Never eligible for expungement: Murder, manslaughter, criminal sexual conduct (most degrees), child abuse, terrorism offenses, offenses with life imprisonment, and certain traffic offenses causing death or serious injury.

DUI/OWI: One DUI/OWI misdemeanor may now be expunged (petition only) — a major expansion under Clean Slate.

Step-by-Step: How to Clear Your Record in Michigan

Automatic Expungement

No action required. The Michigan State Police identifies and processes eligible records. Check your record via the Internet Criminal History Access Tool (ICHAT) at michigan.gov/ichat (~$10) to see if your record has been expunged.

Petition-Based Expungement

1. Obtain your criminal record — Run an ICHAT search ($10) and request certified copies of conviction records from the relevant courts.
2. File the application — File a Petition to Set Aside Conviction (form MC 227) in the circuit court of the county where you were convicted. Filing fee: $50. One application can cover multiple convictions now.
3. Fingerprinting — You must be fingerprinted and submit fingerprint cards with the application (fee ~$15–30).
4. Wait for hearing date — The court schedules a hearing typically 60 days after filing. The prosecutor and Michigan Attorney General are notified.
5. Attend the hearing — The judge considers your rehabilitation, the nature of the offense, and your reasons for seeking expungement. Bring documentation of employment, community service, or other rehabilitation.
6. Order issued — If granted, the conviction is "set aside" — effectively expunged from public records. The Michigan State Police updates its database within 60 days.

Waiting Periods

Automatic Expungement (from sentencing/release, whichever is later):

• Misdemeanors (most): 7 years
• Felonies (most): 10 years

Petition-Based Expungement (from sentencing/release):

• Misdemeanors: 3 years
• Most felonies: 5 years
• Serious misdemeanors and assaultive felonies: 7 years

Costs

• ICHAT record check: $10
• Certified court records: $10–25 per court
• Court filing fee: $50
• Fingerprinting: $15–30
• Total self-filed estimate: ~$85–115
• Attorney fees: $800–$2,500
• Automatic expungement: Free

Michigan legal aid organizations and law school clinics offer free petition assistance. Visit michiganlegalhelp.org for free guided forms and local resources.

What Record Clearing Does (and Doesn't) Do in Michigan

After a successful expungement or sealing in Michigan, your record will generally be cleared from:

• Most private employer background checks
• Rental housing background checks
• Most licensing board inquiries (varies by profession)

However, it typically does not affect:

• Federal law enforcement and immigration records
• Military background checks
• Applications for law enforcement positions
• Some professional licensing boards (law, medicine, teaching — varies by state)
• Sex offender registry requirements (in most cases)

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in Michigan for advice specific to your situation.