Expungement consists of setting aside one (1) felony conviction or two (2) misdemeanor criminal convictions and removing the criminal conviction(s) 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. A person who is convicted of not more than:
- one (1) felony offense and two (2) misdemeanors;
- two (2) misdemeanors, may file an application with the convicting court for the entry of an order setting aside the conviction. An application can only be filed 5 or more years after whichever of the following events occurs last:
- Imposition of the sentence for the conviction that the applicant seeks to set aside;
- Completion of probation imposed for the conviction that the applicant seeks to set aside.;
- Discharge from parole imposed for the conviction that the applicant seeks to set aside.;
- Completion of any term of imprisonment imposed for the conviction that the applicant seeks to set aside.
A person may apply to have a conviction set aside for any crime except:
- a conviction of a felony or an attempted felony punishable by life imprisonment;
- a violation or attempted violation of criminal sexual conduct under MCL 750.520c, MCL 750.520d, or MCL 750.520g; OR
- a violation or attempted violation of Fourth (4th) Degree Criminal Sexual Conduct if the conviction occurred on or after January 12, 2015.
- a traffic offense including, but not limited to: Operating While Intoxicated (OWI)
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 (2) convictions.Deferred Judgment of Guilt
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 considered a misdemeanor conviction for purposes of determining your eligibility to apply to have a conviction made nonpublic regardless of whether it is a felony or misdemeanor. 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
A person who is convicted of a violation or an attempted violation of section 520e of the Michigan penal code, otherwise known as Fourth (4th) Degree Criminal Sexual Conduct, before January 12, 2015 may petition the convicting court to set aside the conviction if the individual has not been convicted of another offense other than not more than 2 minor offenses. As used in this subdivision, "minor offense" means a misdemeanor or ordinance violation to which all of the following apply:
- The maximum permissible term of imprisonment does not exceed 90 days.
- The maximum permissible fine is not more than $1,000.00.
- The person who committed the offense is not more than 21 years old.
- 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.
- Swear to the truth of the statements in this application in the presence of the court clerk or a notary public.
- Present this application with all copies to the court clerk and request a hearing date.
- The court clerk will complete the notice of hearing on this application and return copies to you.
- 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.
- 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.
- 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.
- 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.
Appear at the HearingAttorney General's Office Address
- Attorney General's Office
- Corrections Division
- PO Box 30217
- Lansing, Michigan 48909
- Michigan State Police
- Criminal Records Division
- PO Box 30634
- Lansing, Michigan 48913
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.