Michigan Expungement Law Explained: What You Need to Know to Clear Your Record
If you have a criminal record in Michigan, you may think your past mistakes will follow you forever. But thanks to recent updates in state law, more people now have the opportunity to expunge, or remove, certain offenses from their public criminal records. Understanding how expungement works in Michigan can help you take control of your future, whether you're applying for jobs, housing, or simply seeking peace of mind.
What Is Expungement?
Expungement is the legal process of setting aside a conviction so that it no longer appears on your public criminal record. Once a conviction is expunged, you can legally state that you have not been convicted of that offense in most situations, including on job applications and lease agreements.
Recent Changes: Michigan's Clean Slate Law
In 2021, Michigan passed the Clean Slate legislation, which significantly expanded eligibility for expungement and introduced a system for automatic expungement. The changes are designed to help more people move forward with a clean slate after demonstrating good behavior over time.
Key highlights include:
Automatic expungement for certain non-violent misdemeanors and felonies after a set period (7 years for misdemeanors, 10 years for eligible felonies).
Increased number of convictions that can be expunged — up to three felonies and unlimited misdemeanors, depending on the charges.
Expanded eligibility to include certain traffic offenses and marijuana convictions that are no longer illegal under current law.
Who Is Eligible?
Eligibility depends on a number of factors, including the nature of your offense, how long it has been since your sentence was completed, and your overall criminal history. Some convictions, such as criminal sexual conduct or crimes involving minors, remain ineligible for expungement.
To qualify, you generally must:
Wait the required time since completing your sentence, probation, or parole
Have no pending criminal charges
Not exceed the limit on total convictions
The Expungement Process
If your conviction is not eligible for automatic expungement, you can still apply through the manual process. This involves:
Obtaining your criminal record and fingerprinting
Filing an application with the court where you were convicted
Serving copies of the application to the Michigan State Police, the Attorney General, and the prosecutor
Attending a hearing where a judge will review your case and determine if expungement is appropriate
This process can be complex, and working with an experienced attorney can help ensure your application is completed properly and presented in the best light.
Benefits of Expungement
Clearing your criminal record can provide meaningful relief, including:
Increased access to employment and professional licensing
Better housing opportunities
Peace of mind and improved reputation
Restoration of civil rights in some cases
Why Legal Help Matters
Expungement is a legal process, and having an attorney guide you through it can make all the difference. At Harris & Literski, we have helped many clients take advantage of Michigan's updated expungement laws. We can evaluate your eligibility, complete the paperwork, and represent you in court.
If you're ready to leave the past behind and take steps toward a brighter future, contact us to schedule a consultation.