Michigan's Expanded Expungement Law: Are You Eligible?

Michigan's Clean Slate Act, which took effect in 2023, dramatically expanded who can have their criminal record expunged — including an automatic expungement process for many offenses. If you have a conviction on your record, there's a real chance you're now eligible to clear it. Here's what you need to know.

What Is Expungement?

Expungement is the legal process of setting aside a criminal conviction so that it no longer appears on most background checks. Once expunged, you can lawfully say you have not been convicted of that offense in most contexts — including job applications, housing applications, and professional licensing.

It doesn't erase the record entirely (law enforcement can still see it), but for everyday purposes, it gives you a genuine fresh start.

What Changed Under the Clean Slate Act

Before the law changed, Michigan only allowed expungement of a limited number of offenses with strict caps. The new law expanded eligibility significantly:

• Most people can now expunge up to 3 felonies and unlimited misdemeanors
• Waiting periods were shortened — 3 years for misdemeanors, 5 years for felonies (down from 5 and 7)
• Automatic expungement is now available for many offenses after the waiting period, without filing a petition
• Certain marijuana convictions can be expunged even if they involved larger amounts
• Multiple convictions from the same criminal transaction now count as one offense for expungement purposes

What CAN Be Expunged

• Most misdemeanor convictions after 3 years
• Most felony convictions after 5 years
• Certain marijuana convictions
• Convictions from the same incident (counted as one)
• Some assault and domestic violence convictions (with conditions)
• Juvenile adjudications in many cases

What CANNOT Be Expunged

• Life felonies (murder, certain sex crimes)
• Criminal sexual conduct (most offenses)
• Child abuse
• Terrorism-related offenses
• Most traffic offenses (OWI/DUI with serious injury or death)
• Convictions where the victim was under 18 in many cases

How the Process Works

For petition-based expungements, the process generally involves:

1. Obtaining your criminal record and confirming eligibility
2. Filing a petition with the court in the county of conviction
3. Notifying the prosecutor's office and the Michigan State Police
4. Attending a hearing (usually 60-90 days after filing)
5. If granted, the court issues an order setting aside the conviction

The process typically takes 3-6 months. Having an attorney significantly improves the likelihood of approval — particularly for more serious offenses where the prosecutor may object.

Is It Worth It?

Almost always, yes. A clean record opens doors that a criminal history closes — better jobs, housing, professional licenses, and in some cases, the ability to possess a firearm. The process requires some work, but the long-term impact on your life can be enormous.

If you're unsure whether you qualify, a quick consultation will give you a clear answer.