Before you can file for an expungement, the time period outlined below must have passed from the completion of your sentence:

• Three years must pass to expunge non-serious misdemeanor convictions.
  • You can now expunge an unlimited amount of “non-serious” misdemeanors

• Five years must pass to expunge serious misdemeanors (defined below) or a single felony
  • No more than two assaultive misdemeanors can be set aside. Prior assaultive offenses sealed of dismissed under HYTA or 769.4a will count toward the maximum of two

• Seven years must have passed to expunge more than one felony
  • Maximum or three total felonies (Four felonies and you are ineligible)
  • Felonies sealed or dismissed under HYTA, 7411 or 771.1 will count toward your maximum of three total offenses
  • Cannot have more than one felony conviction for the same offense set aside if the maximum penalty is 10 years or more.

Serious Misdemeanors Require a Five-Year Waiting period

Serious Misdemeanors are defined under the Crime Victim Rights Act, these require a five-year waiting period, and include the following:

• Assault / Domestic Violence
• Breaking and Entering / Illegal Entry
• Child abuse 4^th Degree
• Contributing to the Neglect or Delinquency of a Minor.
• Using the internet or Computer to make prohibited Communication
• Intentionally aiming a firearm without Malice
• Discharge firearm intentionally aimed at a person without Malice
• Indecent Exposure
• Stalking
• Injuring a Worker in a Work Zone.
• Leaving the Scene of a Personal Injury Accident
• Providing Alcohol to a Person Under 21 Years Old if the Violation Results in Injury
• years must pass to expunge multiple felony convictions.
• OWI is not listed as a serious misdemeanor under the CVRA but there is a 5 year wait.

Requirements for an Expungement in Michigan

In addition to the required amount of time having passed from the completion of your sentence, the following must be true:

Cannot have any pending charges.

Cannot have more than two assaultive crimes (misdemeanor or felony) (Prior expunged or cases dismissed under HYTA, Delay of Sentence, or 769.4a are counted)

Cannot have more than one felony for the same offense if the offense carries a possible punishment of more than 10 years.

One Bad Night Expungement

If multiple offenses occurred within a 24-hour period those can be counted as a single felony or misdemeanor offense for the purposes of counting number of offenses.

None of the offenses under this part of the law can be assaultive, involve a weapon, or carry a penalty of 10 years or more.

OWI / DUI – Operating Under The Influence of Drugs and Alcohol

Michigan House Bill 4219 and 4220 have passed, and now allow the expungement of a single drinking and driving or drugged driving offense.

There is a 5 year wait before you can have these offenses set aside.

This driving on drugs or alcohol must be your only driving on drugs or alcohol offense. If you have more than one, you cannot expunge any.

Child Endangerment, any offense involving death or serious injury are not eligible.

Expunge a Criminal Sexual Conduct 4^th Degree Conviction

A person convicted of CSC 4 prior to January 12, 2015, as long as there is no other criminal record other than two 90-day misdemeanors that occurred before their 21st birthday.

No other CSC offense can be expunged.

Expungement Procedure

Procedurally, expunging a criminal conviction can be complicated. After determining if you are eligible an application must be submitted and sent to numerous government agencies.

Finally, a hearing is held in front of a judge, and it’s important to hire a knowledgeable lawyer. If you are denied then you will not be able to have another hearing for three years.

An experienced lawyer will make sure that all forms are completed correctly and sent to the proper agencies. When you have a lawyer at your hearing it shows that you are serious about clearing your record and can make all the difference in determining whether or not you will walk away with a clean record or not. If you are denied you will not be able to have another hearing for three years.

Starting April 11, 2023

Automatic Expungement of eligible Misdemeanors and Felonies

• The person has two felonies or less, and four misdemeanors or less
• Seven year waiting period has passed from the completion of the sentence for misdemeanors
• Ten year waiting period has passed from the completion of the sentence for felonies
• You do not have any pending charges
• You haven’t been convicted of a new offense during the waiting period
• You do not have more than one conviction for an assaultive crime (misdemeanor or felony)

NOTE: If you have an assaultive crime it cannot be automatically expunged, you would have to file for the offense to be set aside, but it won’t stop you from an automatic expungement on other elidable offenses assuming everything else fits the statute.

For example, if you have an assault on your record and a disorderly conduct and seven years has passed from the punishment of both offenses, then the disorderly conduct would automatically be expunged but the assault would not. You or your lawyer would have to file to have the assault removed.

The following offense will cannot be automatically expunged:

• Assaultive crimes including domestic violence, and child abuse
• Driving under the influence of drugs or alcohol (OWI)
• Any offense punishable by 10 or more years imprisonment
• Crime of dishonesty (Larceny, retail fraud, theft, shoplifting)
• Breaking and entering
• A felony violation which includes in its elements a minor, vulnerable adult, injury or serious impairment, death
• Any violation related to human trafficking
• Serious misdemeanors listed under the Crime Victim Rights Act
• Some firearm offenses (Felony firearm)

NOTE: Some of the offenses above can be expunged, or set aside, they just will not automatically expunge. You or your lawyer would have to file a formal application to set aside and expunge the offense.

On or before the 10^th of the month, courts must notify law enforcement of convictions that have been set aside for the month prior.

At that point, law enforcement makes the record of the arrest, fingerprinting, conviction, and sentence of the person all nonpublic.

These offenses can still be used against you by the prosecutor’s office to for charge enhancements

Elidable traffic offenses would be removed from your criminal record but would remain on your driving record.

The following offenses cannot be set aside under MCL 780.612c:

Felonies with a maximum punishment of life in prison (Armed Robbery, Murder, Breaking and Entering in the 1st Degree)

Child Abuse in 2nd degree, and Child Abuse in the Presence of Another Child

Felony Domestic Violence if you had a previous conviction for domestic violence

CSC, Attempt of CSC, CSC 4 that occurred after January 12, 2015

Human Trafficking

Operating While Intoxicated by drugs or alcohol causing serious injury or death. Child Endangerment (having a child in the car under the age of 16 while the driver is under the influence of drugs or alcohol) cannot be expunged. If a person has more than one OWI or DUI offense none of them can be expunged.

An expungement allows someone who was previously convicted of a crime to erase their public criminal record. A successful expungement allows a person to legally state that they haven’t been convicted of a crime.

Yes! A change in Michigan law that took effect in 2022 now allows a person to expunge one prior drunk driving or driving on drugs offense. 

Five years must have passed from the completion of your sentence. 

You cannot have had a previous driving under the influence offense set aside. The driving under the influence offense must be your first and only offense of that nature. 

When the court is deciding if it should grant the expungement it can consider whether or not the the person seeking expungement benefited from rehabilitative or educational programs (if any were ordered with probation), or whether such steps were taken before sentencing for that first violation. 

While an expunged DUI or OWI offense is removed from your criminal record, and you are no longer convicted of it, the offense will remain on your mater driving record. 

Expunging Michigan marijuana misdemeanors is easier than ever. 

Unlike a typical expungement, Michigan marijuana misdemeanors can be expunged without involving the Michigan State Police or the Attorney General’s office. 

The wait time to expunge a misdemeanor marijuana charge is much shorter than a normal expungement and can be done in roughly two months from the time your application is filed. 

The following offenses are eligible for expungement under the Michigan marijuana expungement laws: 

• MCL 333.7403(2)(d) (possession)
• MCL 333.7404(2)(d) (use)
• MCL 333.7453 (selling marihuana paraphernalia)
• Violation of a local ordinance substantially corresponding to one of the above

No! Once your record has been expunged it is sealed from public record. You are no longer a convicted criminal with a successful expungement.

It depends. Many courts will allow someone seeking an expungement to appear by phone or not appear at all, other courts will require an in-person appearance.

You are eligible to an expungement 5 years after you complete your sentence. Once you are eligible the process takes about two to three months.