Expungement

Expungement consists of setting aside a criminal conviction and removing a criminal conviction from the public record of the Michigan State Police. The law that allows a person to apply to have a conviction set aside provides that the record be made nonpublic so that any criminal record check, made by someone other than those agencies specified in the law, would reveal no conviction.

Setting Aside Conviction

Conditions for Applying for Expungement

A person may apply to have a conviction set aside for any crime except:
1) a conviction of a felony or an attempted felony punishable by life imprisonment;
2) a violation or attempted violation of criminal sexual conduct under MCL 750.520c, MCL 750.520d, or MCL 750.520g; OR
3) a traffic offense.

A person who is convicted of not more than one (1) offense may file an application with the convicting court for the entry of an order setting aside the conviction. A person who is otherwise eligible to file an application is not rendered ineligible by virtue of being convicted of not more than two (2) minor offenses in addition to the offense for which the person files an application. "Minor offense" means a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed ninety (90) days, for which the maximum permissible fine does not exceed $1,000.00, and that is committed by a person who is not more than twenty-one (21) years of age.

A person may apply to have a conviction set aside when five (5) years have passed since the date he or she was sentenced for the conviction, as long as he or she was not imprisoned. If the person was imprisoned, he or she may apply to have the conviction expunged when five (5) years have passed since being released from the term of imprisonment for that conviction.

Although it is not required, it is highly recommended that you get a copy of your criminal record from ICHAT. There is a cost for this. You can find out from your criminal record whether you have more than one (1) conviction, and for what crime(s) you were convicted. If you don't check your criminal record first and you have more than the allowable convictions, you will find out from the judge at a hearing on your application that you are not eligible, and you will have wasted your time and money. A criminal complaint can have more than one count or charge on it. If you were convicted of more than one charge or count, even if the charges were on the same case, you have more than one conviction. For example, if you were charged with and convicted of Possession of a Firearm and Possession with Intent to Deliver in the same case, you have two convictions.

If you were found guilty and sentenced to probation or Holmes Youthful Trainee status under one of the following statutes and successfully completed that probation or Holmes Youthful Trainee status, a nonpublic criminal record of this is maintained by the Michigan State Police and the sentencing court. This is called a "deferred judgment of guilt." The record of a deferred judgment of guilt is not considered a conviction for purposes of determining your eligibility to apply to have a conviction made nonpublic. The Michigan laws that permit deferred judgment of guilt are:
MCL 333.7411 : Controlled Substance Abuse
MCL 436.1703 : Minor in Possession
MCL 600.1076 : Drug Treatment Court
MCL 750.350a : Parental Kidnapping
MCL 750.430 : Licensed Health Professional Practicing Under the Influence
MCL 762.13 : Holmes Youthful Trainee
MCL 769.4a : Domestic Violence

Expungement Process

1. Find out the exact date of conviction and the charge from the court clerk and fill in this application. Obtain a certified copy of the judgment of sentence, probation order, or register of actions and attach it to the application.
2. Swear to the truth of the statements in this application in the presence of the court clerk or a notary public.
3. Present this application with all copies to the court clerk and request a hearing date.
4. The court clerk will complete the notice of hearing on this application and return copies to you.
5. Mail a copy of this application, with the hearing date filled in, to the Attorney General of the State of Michigan and the prosecuting official of the county or political subdivision who prosecuted the case.
6. Go to the local law enforcement agency for the fingerprint card and get fingerprinted on the applicant card (RI-8). Fill out the card completely. Be sure to ask the local law enforcement agency the amount of the application fee.
7. Mail a copy of this application and appropriate attachments, the fingerprint card, and the appropriate fee to the Michigan State Police. The fee, payable to the State of Michigan, must accompany this application.
8. After you have served the copies to the Attorney General, prosecuting official, and Michigan State Police, complete the proof of service on the return copy, and file it with the court clerk.

Attorney General's Office
Corrections Division
PO Box 30217
Lansing, Michigan 48909

Michigan State Police
Criminal Records Division
PO Box 30634
Lansing, Michigan 48913

8. Appear at the hearing.
9. If the name of the victim of an assaultive crime is known by the prosecuting attorney, the prosecuting attorney will give that victim written notice of this application and will forward a copy of this application to the victim. NOTE: Pursuant to MCL 780.622, if an order is entered setting aside a conviction for a listed offense as defined in MCL 28.722 of the Sex Offenders Registration Act, you still will be considered to have been convicted of that offense and you must comply with the registration and reporting requirements of the act.

Disclaimer

The information on this website is for general information purposes only. Nothing on this or associated pages or documents should be taken as legal advice for any case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute an attorney-client relationship.