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Who Qualifies for Expungement in Michigan

Michigan's expanded expungement laws have significantly broadened eligibility, allowing hundreds of thousands more residents to clear their records. However, determining whether you qualify involves analyzing multiple factors, including the type and number of convictions, waiting periods, and specific statutory exclusions.

At Rockind Law, we conduct thorough eligibility assessments based on your complete criminal history, identifying which convictions can be expunged and through which process (automatic or application-based). We then develop a strategic plan to maximize your expungement opportunities.

This page outlines the key eligibility criteria under Michigan's current expungement laws, including the groundbreaking Clean Slate legislation.

Michigan expungement eligibility

Two Paths to Expungement in Michigan

Michigan now offers two distinct processes for expunging criminal records:

1. Application-Based Expungement

This traditional process requires filing an application, attending a hearing, and obtaining judicial approval. It remains necessary for many convictions and provides faster relief than waiting for automatic expungement. Most of the eligibility criteria discussed on this page relate to application-based expungement.

2. Automatic Expungement

Michigan's Clean Slate law created a process for automatically expunging eligible misdemeanors after 7 years and eligible non-assaultive felonies after 10 years, without requiring application. This system began implementation in 2023 and is processing eligible convictions in phases. Automatic expungement has its own eligibility criteria and limitations.

For many individuals, pursuing application-based expungement remains advantageous even for convictions that might eventually qualify for automatic expungement, as it provides more immediate relief rather than waiting for the automatic system to process your case.

Basic Eligibility Requirements

To qualify for expungement in Michigan, you must meet several baseline criteria:

Conviction in a Michigan State Court

Only convictions from Michigan state courts are eligible for expungement through Michigan's process. Federal convictions, tribal court convictions, and convictions from other states cannot be expunged through Michigan courts. These require separate processes specific to those jurisdictions.

Completion of Sentence

You must have fully completed all aspects of your sentence, including any term of imprisonment, probation, or parole. Additionally, all court-ordered fines, fees, and restitution must be paid in full before applying for expungement.

Waiting Period Satisfaction

Specific waiting periods must elapse before you can apply for expungement. For misdemeanors, the waiting period is generally 3 years; for serious misdemeanors or a single felony, 5 years; and for multiple felonies, 7 years. These periods begin either from the date of sentencing or the completion of incarceration/probation/parole, whichever is later.

No Pending Charges

You cannot have any criminal charges pending against you at the time you apply for expungement. Even minor pending charges will typically result in denial of your application until those matters are resolved.

Maximum Number of Convictions

Under Michigan's expanded laws, you may have up to three felony convictions and an unlimited number of misdemeanors expunged, subject to certain categorical restrictions. This is a significant increase from previous limits of one felony or two misdemeanors.

Number of Convictions: Expanded Eligibility

Michigan's Clean Slate legislation dramatically increased the number of convictions eligible for expungement:

Multiple Felonies Allowed

Previously, only those with a single felony conviction could seek expungement. Now, individuals with up to three felony convictions may qualify. If you have more than three felony convictions, you are not eligible for expungement under current law.

Unlimited Misdemeanors

The previous limit of two misdemeanors has been eliminated. You can now potentially expunge an unlimited number of misdemeanor convictions, provided they meet other eligibility criteria and aren't excluded by specific statutory provisions.

"One Bad Night" Exception

Multiple felony or misdemeanor convictions arising from the same incident (occurring within 24 hours and part of the same event) are now treated as a single conviction for expungement eligibility purposes. This provision significantly expands eligibility for people with multiple related charges from a single incident.

Maximum Felony and Misdemeanor Combinations

If you have both felonies and misdemeanors, specific rules govern eligibility:
- With one felony conviction: You can seek expungement of that felony plus an unlimited number of misdemeanors.
- With two felony convictions: You can seek expungement of both felonies plus an unlimited number of misdemeanors.
- With three felony convictions: You can seek expungement of all three felonies plus an unlimited number of misdemeanors.

The expanded limits on eligible convictions have opened expungement opportunities for thousands of Michigan residents who were previously excluded due to having multiple convictions, particularly when those convictions stemmed from a single incident or period of criminal activity.

Waiting Periods: When You Become Eligible

Michigan law establishes specific waiting periods before you can apply for expungement:

Misdemeanors: 3 Years

For most misdemeanor convictions, you must wait 3 years from either the date of sentencing or the completion of your sentence (including probation), whichever occurred most recently.

Serious Misdemeanors or One Felony: 5 Years

For "serious misdemeanors" (as defined by statute) or a single felony conviction, the waiting period is 5 years from either the date of sentencing or completion of your sentence, whichever occurred most recently.

Multiple Felonies: 7 Years

If you have more than one felony conviction, the waiting period extends to 7 years from either your most recent conviction date or the completion of your sentence, whichever occurred most recently.

Marijuana Convictions: No Waiting Period

For convictions involving marijuana-related activities that would be legal under current Michigan law, there is no mandatory waiting period. These specialized expungements follow a separate process and timeline.

Deferred/Diverted Convictions: Special Rules

If you received a deferred sentence or participated in a diversion program (like HYTA, 7411, or other specialized programs), different rules may apply to when and how these records can be cleared. Generally, successful completion of these programs results in non-public records, but additional steps may be necessary for complete expungement.

While these waiting periods establish the minimum time before eligibility, strategic considerations might suggest waiting longer in some cases. Factors such as demonstrating longer periods of positive conduct, achieving significant life milestones, or allowing additional convictions to become eligible simultaneously may influence optimal timing.

Convictions That Cannot Be Expunged

Despite Michigan's expanded eligibility, certain convictions remain ineligible for expungement:

Serious Violent Felonies

Felonies where the maximum punishment is life in prison cannot be expunged, regardless of the actual sentence imposed. This includes murder, criminal sexual conduct in the first degree, armed robbery, kidnapping, and certain terrorism-related offenses.

Most Criminal Sexual Conduct Offenses

Most degrees of criminal sexual conduct (CSC) remain ineligible for expungement. The only exception is CSC in the fourth degree (a high-court misdemeanor), which may be eligible under certain circumstances.

Multiple DUI/OWI Offenses

While Michigan's new laws made first-time drunk driving convictions eligible for expungement, multiple Operating While Intoxicated (OWI) offenses remain ineligible. You can only expunge one OWI conviction in your lifetime.

Traffic Offenses Causing Injury or Death

Traffic offenses resulting in injury or death to another person cannot be expunged. This includes offenses like reckless driving causing death or operating while intoxicated causing serious injury.

Multiple Domestic Violence Convictions

If you have more than one conviction for domestic violence, none of these domestic violence convictions can be expunged. A single domestic violence conviction may be eligible after the appropriate waiting period.

Human Trafficking Offenses

Convictions related to human trafficking under Michigan law cannot be expunged, regardless of the circumstances or time elapsed since conviction.

Child Abuse, First and Second Degree

Convictions for first-degree child abuse and second-degree child abuse remain ineligible for expungement under Michigan law.

Even when core offenses cannot be expunged, related lesser charges from the same case might still qualify. A thorough review of your complete criminal record is essential to identify all potential expungement opportunities, even in cases with some ineligible convictions.

Special Eligibility Categories

Michigan's expungement laws include several special provisions affecting eligibility for specific types of offenses:

Marijuana Convictions

Convictions for marijuana offenses that would not be illegal under current Michigan law are eligible for streamlined expungement. This includes many possession, use, and certain low-level distribution convictions that occurred prior to Michigan's legalization of recreational marijuana. These expungements follow a specialized process with different requirements than standard expungements.

Human Trafficking Victims

If you were a victim of human trafficking and were convicted of certain offenses (like prostitution) that resulted from your being trafficked, you may qualify for expungement under special provisions regardless of how many convictions you have.

First-Time OWI Offenses

Under the Clean Slate legislation, first-offense Operating While Intoxicated convictions became eligible for expungement for the first time, provided at least 5 years have passed since sentencing or completion of sentence. Only one OWI expungement is permitted in a lifetime.

Deferred Sentences

If you received a deferred sentence under programs like HYTA (Holmes Youthful Trainee Act), 7411 (first-time drug offenses), or other deferral programs, you may have special eligibility. While successful completion of these programs generally results in non-public records, additional steps may be needed for complete expungement in some cases.

Juvenile Adjudications

Juvenile records follow different expungement rules than adult convictions. Most juvenile adjudications can be expunged, with exceptions for certain serious offenses. The process and timing differ from adult expungements and require specialized knowledge of juvenile record procedures.

Automatic Expungement Eligibility

Michigan's Clean Slate automatic expungement process has its own eligibility criteria, which differ somewhat from application-based expungement:

Misdemeanor Eligibility

Most misdemeanors become eligible for automatic expungement 7 years after sentencing, provided you have no felony convictions and no new convictions during that 7-year period. However, misdemeanors involving assault, serious weapons offenses, or crimes of dishonesty are excluded from automatic expungement.

Felony Eligibility

Non-assaultive felonies become eligible for automatic expungement 10 years after sentence completion or release from incarceration, provided you have no new convictions during that 10-year period. Felonies with maximum penalties of 10+ years, assaultive crimes, and serious weapons offenses are excluded from automatic expungement.

Maximum Number Limitations

Automatic expungement is limited to no more than two felony convictions total in a lifetime and no more than four misdemeanor convictions within a 7-year period. Additional convictions beyond these limits require application-based expungement if eligible.

Implementation Timeline

The automatic expungement system began processing eligible convictions in 2023, starting with the most recent eligible cases and working backward. Full implementation is expected to take several years as the state processes millions of eligible records.

Even if your convictions may qualify for eventual automatic expungement, application-based expungement often provides faster relief. Many clients choose to pursue applications rather than waiting for the automatic system to process their records, particularly when convictions are creating immediate barriers to employment, housing, or other opportunities.

Determining Your Eligibility: Next Steps

Assessing expungement eligibility often requires expertise in Michigan's complex and recently changed expungement laws. Here's how to proceed:

Obtain Your Complete Criminal Record

The first step in determining eligibility is reviewing your complete criminal history. This involves obtaining your ICHAT (Internet Criminal History Access Tool) report from the Michigan State Police and potentially court records from each jurisdiction where you have convictions. These records will show all Michigan state convictions and their exact dates.

Calculate Waiting Periods

Based on your conviction dates, sentence completion dates, and the nature of your offenses, calculate the applicable waiting periods to determine when each conviction becomes eligible for expungement consideration.

Identify Eligible and Ineligible Convictions

Review each conviction against the eligibility criteria to determine which can be expunged through application, which might qualify for automatic expungement, and which remain ineligible under current law.

Develop an Expungement Strategy

For complex cases with multiple convictions, develop a strategic approach that maximizes the number of convictions that can be expunged while accounting for timing considerations and the relationship between different convictions.

Consult with an Experienced Attorney

Given the complexity of Michigan's expungement laws and the recent significant changes, consulting with an attorney experienced in expungement cases provides the most reliable eligibility assessment and strategic guidance for proceeding.

Frequently Asked Questions: Expungement Eligibility

If I have convictions in multiple states, can I get them all expunged through Michigan's process?

No, Michigan courts only have authority to expunge convictions that occurred within Michigan state courts. Convictions from other states must be addressed through the expungement procedures specific to those states, which vary significantly in eligibility criteria and process. Federal convictions similarly cannot be expunged through state processes. If you have out-of-state convictions, we can help you understand your options in those jurisdictions while handling your Michigan expungements.

How do I know how many convictions I have for expungement purposes?

Counting convictions for expungement purposes can be complex. Multiple charges from a single case might count as one conviction if they arose from the same transaction. Additionally, successfully completed diversionary programs (like HYTA or 7411) generally don't count as convictions for expungement purposes. The most reliable approach is obtaining your official criminal history through ICHAT and having an attorney review it to determine the exact number of countable convictions under Michigan's expungement laws.

If I was charged with a felony but pled to a misdemeanor, how does that affect my expungement eligibility?

Only your final conviction counts for expungement purposes, not the original charge. If you were charged with a felony but ultimately convicted of a misdemeanor through plea negotiations, only the misdemeanor conviction appears on your record and counts toward your expungement limits. This means it would be subject to misdemeanor waiting periods and would count toward your misdemeanor total rather than your felony total, potentially expanding your overall expungement opportunities.

If some of my convictions are ineligible for expungement, can I still expunge the eligible ones?

Yes. Having some convictions that cannot be expunged doesn't prevent you from expunging other eligible convictions. For example, if you have a conviction for an offense that's ineligible (like criminal sexual conduct) but also have other convictions for eligible offenses, you can still pursue expungement of those eligible convictions. The ineligible convictions would remain on your record, but removing the eligible ones can still significantly reduce the impact of your criminal history on employment, housing, and other opportunities.

Do I need to wait until all my convictions are eligible before applying for expungement?

Not necessarily. You can apply to expunge eligible convictions as they meet their waiting period requirements, even if other convictions aren't yet eligible. However, strategic considerations might suggest waiting in some cases. For instance, if you have three felonies and one is eligible now while the others will be eligible in a year, waiting might allow you to address all three in a coordinated application strategy. Each situation requires individualized assessment to determine optimal timing based on your specific record and needs.

How do I know if my conviction falls under the "one bad night" exception?

The "one bad night" provision applies when multiple offenses were committed within a 24-hour period as part of the same event or transaction, with exceptions for assaultive crimes, crimes involving possession of a dangerous weapon, or crimes with a maximum penalty of 10 or more years in prison. Determining whether your convictions qualify requires analyzing court records to establish the timing of the offenses and their relationship to each other. This often requires legal expertise, as the application of this provision isn't always straightforward and may depend on specific details in your case records.

Will the court automatically know if I'm eligible for expungement?

No. For application-based expungements, the burden is on you (and your attorney) to demonstrate eligibility. Courts don't independently verify eligibility before you apply, and filing fees are generally non-refundable even if your application is ultimately denied due to eligibility issues. This makes accurate pre-application eligibility assessment crucial. For automatic expungements, the state system identifies eligible convictions based on computerized record analysis, but this process is still being implemented and has limitations in addressing complex cases.

If I received a pardon, do I still need to pursue expungement?

Yes. In Michigan, a governor's pardon forgives the conviction but doesn't automatically remove it from your record. Even with a pardon, the conviction will still appear in background checks unless you separately pursue expungement. However, a pardon does make you eligible for expungement even if the offense would otherwise be ineligible, effectively removing one barrier to expungement. You would still need to file an application and go through the standard expungement process to have the pardoned conviction removed from public records.

Assess Your Expungement Eligibility

Determining expungement eligibility under Michigan's recently expanded laws can be complex, particularly for those with multiple convictions or convictions in different jurisdictions. At Rockind Law, we offer thorough eligibility assessments based on comprehensive review of your criminal record.

Our experienced expungement attorneys can help you understand not just whether you qualify, but also the optimal strategy and timing for pursuing expungement. We'll guide you through every step of the process, from eligibility determination through final record clearing.

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