Michigan is actually one of the more expansive states due to its “Clean Slate” laws.
⚖️ Michigan Expungement Laws (Set Aside Convictions)
In Michigan, expungement is legally called a “set aside” under statutes like MCL 780.621 et seq.
1) Two Paths: Automatic vs. By Application
✅ A. Automatic Expungement (Clean Slate Law)
- Took effect April 2023
- No application required
Eligibility & waiting periods:
- Misdemeanors → automatically set aside after 7 years
- Felonies (non-serious) → automatically set aside after 10 years
Limits:
- Up to 2 felony convictions
- Up to 4 misdemeanors (93+ day offenses)
- Unlimited minor misdemeanors (≤92 days)
Important exclusions:
- Assaultive crimes
- Crimes involving minors or serious injury
- Serious offenses (e.g., punishable by 10+ years, sexual offenses)
👉 Michigan is notable because it allows automatic expungement of some felonies, which is rare nationally
📝 B. Expungement by Application (Petition to Court)
You can apply in the court where the conviction occurred.
Eligibility (expanded in 2021 law changes):
- Up to 3 felony convictions total
- Unlimited misdemeanors
Key limitations:
- No more than 2 assaultive convictions can be set aside in a lifetime
- Some serious crimes are never eligible (e.g., murder, certain sex offenses)
Process basics:
- File application in sentencing court
- Provide fingerprints
- Attend a hearing
- Typical timeline: ~6 months or more
2) Waiting Periods (Application-Based)
Waiting periods vary depending on number and type of convictions, but generally:
- 1 felony: ~5 years after sentence completed
- Multiple felonies: longer (often 7–10+ years)
- Misdemeanors: typically 3–5 years
(Exact timing depends on the number of convictions and statute applied.)
3) Effect of Expungement
Once a conviction is set aside:
- It is removed from public record
- Most employers and landlords cannot see it
- You can often legally say you were not convicted
However:
- Law enforcement and courts still retain a non-public record
🏛️ Michigan Pardons (Executive Clemency)
A pardon is different from expungement.
Who grants pardons?
- The Governor of Michigan (with recommendation from the Parole Board)
What a pardon does:
- It forgives the conviction, but does not erase it
- The record still exists unless separately expunged
Process:
- Apply through the Michigan Parole Board
- Includes investigation, possible hearing, and recommendation
- Final decision by the Governor
👉 Pardons are rare compared to expungements and usually reserved for:
- Exceptional rehabilitation
- Wrongful convictions or compelling circumstances
🔑 Key Takeaways
- Michigan has one of the most progressive expungement systems in the U.S.
- You may qualify for:
- Automatic clearing (Clean Slate)
- Court petition (broader eligibility)
- Up to 3 felonies + unlimited misdemeanors can be set aside (by application)
- Some serious offenses are never eligible
- Pardons exist but are much harder to obtain