Michigan’s Expungement Law
A person seeking to have a conviction set aside cannot apply until:
- Five (5) years have passed since the conviction, if you were not imprisoned; or
- If you were imprisoned, five (5) years have passed since you were released from imprisonment for the conviction.
A person is not eligible to have a conviction set aside if any of the following apply:
- The conviction is for a felony or an attempted felony that is punishable by life imprisonment; or
- The conviction is for violation or attempted violation of criminal sexual conduct under MCL §§750.520c, 750.520d, or 750.520g; or
- The conviction is for a traffic offense; or
- The conviction is for a non-traffic offense reportable to the Secretary of State (i.e., possession of marijuana); or
- You have more than one conviction.
If eligible to apply to set aside a conviction, the applicant must obtain a certified copy of the conviction record, file the Application to Set Aside Conviction and the Order on Application to Set Aside Conviction, obtain copies of the applicant’s fingerprints, and mail/file the materials to the appropriate agencies, which include the Attorney General for the State of Michigan, the Michigan State Police, the prosecutor of the county or political subdivision who prosecuted the case and the court of jurisdiction for the expungement.
For more information, please contact Clos, Russell & Wirth, P.C. at (734) 403-4117.