Rockind Law
Call Now: (248) 208-3800
 

Where Expungement is Allowed in Michigan

Understanding where expungement applies involves both geographical jurisdiction (which courts can grant expungements) and scope considerations (which records are affected and in what contexts expungement is recognized).

At Rockind Law, we guide clients through the complexities of filing in the appropriate courts and help them understand exactly how far expungement protection extends in different contexts and databases.

This page explains both the jurisdictional aspects of where to file your expungement and the practical scope of where expungement protection applies once granted.

Michigan expungement jurisdictions

Where to File for Expungement

Knowing which court has jurisdiction over your expungement application is essential to filing correctly:

Filing in the Court of Original Conviction

Michigan law requires that expungement applications be filed in the court where the original conviction occurred. This means:

  • For circuit court convictions (most felonies), file in the same circuit court
  • For district court convictions (most misdemeanors), file in the same district court
  • For municipal court convictions (in cities with municipal courts), file in that municipal court or its successor court

You cannot file in a different court even if you've relocated since the conviction.

Multiple County Considerations

If you have convictions in multiple counties, separate applications must be filed in each county where convictions occurred:

  • Each county's court only has jurisdiction over its own convictions
  • Multiple filings require multiple application fees and fingerprinting
  • Hearings will be scheduled separately in each court
  • Coordination across counties is often necessary for strategic timing

This county-by-county approach can make the process more complex and costly for those with geographically dispersed records.

Court Consolidation and Reorganization

If court structures have changed since your conviction, you'll file in the current court with jurisdiction:

  • Some district courts have merged or changed boundaries
  • Municipal courts have been eliminated in many cities
  • Some specialized courts may have been established or dissolved

Research may be needed to determine the appropriate successor court if significant time has passed since conviction.

Marijuana Expungements

The special marijuana expungement process follows the same jurisdictional rules:

  • Applications must be filed in the court of original conviction
  • Multiple marijuana convictions in different courts require separate filings
  • The specialized process applies in all Michigan courts

While the procedure differs, the jurisdictional requirements remain the same.

Automatic Expungement Jurisdiction

The Clean Slate automatic expungement system works across jurisdictional boundaries:

  • Eligible convictions are identified and processed regardless of which court issued them
  • No filing or application to specific courts is required
  • The system coordinates across all Michigan courts through a centralized database

This statewide approach is one advantage of the automatic system for those with convictions in multiple counties.

Filing in the wrong court will result in dismissal of your application, wasting both time and filing fees. Verifying jurisdiction is a critical first step, particularly for older convictions or those from courts that may have been reorganized.

Jurisdictional Limitations

Michigan expungement law has important jurisdictional limitations:

State Court Jurisdiction Only

Michigan expungement only applies to convictions from Michigan state courts:

  • Circuit courts (major felonies)
  • District courts (misdemeanors and minor felonies)
  • Municipal courts (in jurisdictions that maintain them)

State courts have no authority to expunge convictions from other jurisdictions.

Federal Convictions Not Covered

Federal convictions cannot be expunged through Michigan's process:

  • Convictions from U.S. District Courts
  • Federal misdemeanors and felonies
  • Military court convictions

Federal law provides extremely limited expungement options, with no general expungement statute comparable to Michigan's.

Tribal Court Limitations

Michigan state courts cannot expunge convictions from tribal courts:

  • Native American tribal courts operate under separate sovereignty
  • Each tribe may have its own expungement procedures
  • State expungement orders do not bind tribal courts

Individuals with tribal court convictions must pursue relief through tribal legal systems.

Other States' Convictions

Michigan courts cannot expunge convictions from other states:

  • Each state has its own expungement laws and procedures
  • Out-of-state convictions must be addressed in their state of origin
  • Eligibility and processes vary significantly between states

Multi-state records require separate expungement proceedings in each state where convictions occurred.

International Conviction Limitations

Michigan expungement has no effect on convictions from other countries:

  • Foreign convictions remain subject to the laws of the country where they occurred
  • International record sharing agreements are unaffected by Michigan expungement
  • Immigration authorities may still consider foreign convictions regardless of Michigan expungement

Foreign convictions create complex legal issues that extend beyond state expungement laws.

These jurisdictional limitations are important to understand when developing a comprehensive strategy for addressing a complex criminal history that may include convictions from multiple jurisdictions. While Michigan expungement can address in-state convictions, additional approaches may be needed for convictions from other jurisdictions.

Scope of Expungement Protection

Once granted, expungement has specific effects on where your conviction record appears and how it can be used:

Public Records

Expungement removes convictions from most public-facing databases:

  • Michigan court public access terminals and online case searches
  • Internet Criminal History Access Tool (ICHAT) public searches
  • Public background check services used by most employers
  • Tenant screening services used by landlords
  • Criminal history checks for general volunteer positions

For most everyday purposes, the conviction effectively disappears from public view.

Law Enforcement Access

Expunged records remain accessible to criminal justice agencies in limited contexts:

  • Police agencies for law enforcement purposes
  • Prosecutors for charging decisions in subsequent cases
  • Courts for sentencing in future criminal cases
  • Michigan Department of Corrections for classification purposes

While not visible to the public, the non-public record can still be accessed by these agencies.

Specialized Licensing and Employment

Certain specialized contexts may still have access to expunged records:

  • Law enforcement employment applications
  • Judicial appointments
  • Certain professional licensing boards with statutory authority
  • Specific positions working with vulnerable populations

These exceptions are limited by statute and do not apply to most employment situations.

Private Databases and Internet Information

Expungement may have limited impact on certain private information sources:

  • News articles about your case remain unaffected
  • Private databases that were populated before expungement may not update automatically
  • Social media or internet mentions of your case are not removed
  • Previously published court records that were legally obtained

Additional steps like reputation management may be needed to address these sources.

Federal Database Treatment

Federal databases generally respect Michigan expungements but with limitations:

  • FBI criminal history databases are updated to reflect expungement
  • Immigration authorities may still consider expunged convictions
  • Federal security clearance applications typically require disclosure of expunged convictions
  • Federal firearms background checks recognize state expungements with some exceptions

The impact of expungement in federal contexts varies based on specific federal laws and regulations.

Understanding these limitations helps set realistic expectations about expungement. While expungement provides substantial protection in most everyday contexts, it is not an absolute erasure of all record of the conviction in every possible context.

Legal Effect of Expungement

Michigan law specifies the legal effect of expungement in various contexts:

Employment Applications

After expungement, in most employment contexts:

  • You can legally answer "no" when asked if you have been convicted of a crime
  • Employers cannot use expunged convictions as basis for hiring decisions
  • You cannot be denied employment based solely on an expunged conviction
  • Discrimination based on expunged records may violate Michigan law

These protections apply to most private and public employment in Michigan.

Housing Applications

In housing contexts, expungement provides significant protection:

  • Landlords conducting background checks will not see expunged convictions
  • Public housing authorities generally cannot consider expunged records
  • You can answer housing application questions about criminal history as if the conviction never occurred
  • Housing discrimination based on expunged records may be legally actionable

These protections significantly improve housing access and options.

Educational Opportunities

For educational applications and opportunities:

  • Most educational institutions cannot access expunged records
  • Financial aid eligibility restrictions based on criminal history may be removed
  • You can generally answer "no" to conviction questions on educational applications
  • Professional certification programs typically cannot access expunged records

Expungement can open educational doors previously closed by criminal history.

Professional Licensing

For professional licensing with some exceptions:

  • Most licensing boards cannot access or consider expunged convictions
  • Applications can be completed as if the conviction never occurred
  • Denied licenses based on convictions may become available after expungement
  • Some specialized licenses (law enforcement, certain healthcare positions) may have statutory exceptions

Expungement significantly expands professional licensing opportunities.

Civic Participation

Expungement restores certain civic opportunities:

  • Jury service eligibility is restored
  • Ability to serve as a notary public
  • Eligibility for certain public offices and appointments
  • Restoration of other rights limited by criminal convictions

These restorations enable fuller participation in civic life.

Financial and Credit Applications

In financial contexts, expungement provides protection:

  • Loan applications generally cannot include consideration of expunged records
  • Credit reporting agencies should not include expunged convictions
  • Insurance applications typically cannot access expunged information
  • Business licenses and permits normally cannot be denied based on expunged history

These protections extend to most financial and business opportunities.

Multi-County Filing Procedures

For individuals with convictions in multiple Michigan counties, special considerations apply:

Filing Requirements

When convictions exist in multiple counties:

  • Separate applications must be filed in each county where convictions occurred
  • Each application requires its own filing fee (typically $50 per application)
  • Separate fingerprinting may be required for each county
  • Court hearings will be scheduled independently by each court

This county-by-county approach can be more time-consuming and expensive than single-county expungement.

Coordination Strategies

Effective multi-county expungement requires strategic coordination:

  • Applications can be filed simultaneously or sequentially depending on strategic considerations
  • Coordination of hearing dates may be possible through communication with court clerks
  • Consistent presentation across counties improves overall success chances
  • Documentation preparation can be streamlined for multiple applications

An organized approach reduces duplication of effort and inconsistencies between applications.

Different County Procedures

Counties may have different procedural requirements:

  • Some courts require additional local forms beyond state-mandated applications
  • Hearing scheduling practices vary between courts
  • Remote appearance options differ by jurisdiction
  • Local prosecutor's offices may have varying policies on expungement

Familiarity with each county's specific procedures is valuable for multi-county applications.

Strategic Filing Order

In some cases, the order of filing across counties matters:

  • Starting with counties where success is most likely can create positive momentum
  • Addressing the most serious convictions first may be advantageous in some cases
  • Prioritizing convictions creating the most significant barriers can provide faster relief
  • Sometimes waiting to file all applications simultaneously offers strategic advantages

The optimal approach depends on your specific record and circumstances.

Consistent Representation

Using the same attorney across counties provides advantages:

  • Consistent presentation of your case across jurisdictions
  • Efficient preparation of similar application materials
  • Coordinated scheduling of hearings when possible
  • Strategic planning that considers your entire record

This approach is typically more effective than using different attorneys in different counties.

For multi-county records, the application-based expungement process can be complex and potentially costly. In some cases, waiting for automatic expungement might be an alternative for eligible convictions, as the automatic process works across county lines without requiring separate filings.

Frequently Asked Questions: Where Expungement Applies

If I was convicted in Michigan but now live in another state, where do I file for expungement?

You must file in the Michigan court where your conviction occurred, regardless of your current residence. Michigan courts maintain jurisdiction over their convictions even when you move out of state. While this may require travel back to Michigan for the hearing (though some courts now offer remote appearance options), there is no alternative filing location. Your current state of residence cannot expunge a Michigan conviction, just as Michigan cannot expunge convictions from other states. For out-of-state residents, working with a Michigan attorney who can handle certain aspects of the process locally can make the process more manageable.

If my conviction was expunged in Michigan, will other states recognize the expungement?

Generally yes, other states typically recognize Michigan expungements for most purposes. When your record is expunged in Michigan, the Michigan State Police notify the FBI, which updates national criminal databases accessed by other states. However, there are limitations to this recognition. Some states may have laws requiring disclosure of expunged convictions in specific contexts (such as certain professional licensing), and federal immigration authorities may still consider expunged convictions regardless of state law. The level of recognition ultimately depends on the specific laws of each state and the particular context in which your criminal history is being examined.

Are there any employment contexts where I still need to disclose an expunged conviction?

Yes, certain specialized employment contexts may still require disclosure of expunged convictions. These typically include: 1) Law enforcement positions; 2) Judicial appointments; 3) Some positions working with vulnerable populations; 4) Certain healthcare professions; 5) Applications for state bar admission (for attorneys); and 6) Federal government positions requiring security clearance. Additionally, if you're asked specifically about "expunged" convictions rather than just "convictions," you may need to disclose. These exceptions are limited by statute, and in most standard employment contexts, you can legally answer "no" when asked about convictions that have been expunged.

Will private background check companies know about my expunged conviction?

Reputable background check companies should not report expunged convictions, as they regularly update their databases from official sources. However, problems can occur with less reputable companies that don't regularly update their databases or that scrape information from various internet sources. If you discover that a background check is still showing your expunged conviction, you have legal remedies. You can provide the company with a copy of your expungement order and demand correction. If they fail to comply, they may be violating the Fair Credit Reporting Act or state consumer protection laws, potentially giving you grounds for legal action.

Does expungement remove my conviction from news articles or internet searches?

No. Expungement only affects official government records, not privately published information. News articles, blog posts, social media mentions, or other internet content about your case remain unaffected by expungement orders. These publications are protected by the First Amendment and generally cannot be legally removed through the expungement process. If online information about your conviction is creating problems, you may need to explore reputation management strategies separate from the legal expungement process. In some cases, you can request that publishers or search engines remove or de-index content, but they are not legally obligated to comply with such requests.

How do I handle background checks that still show my expunged conviction?

If a background check reveals an expunged conviction, take these steps: 1) Request a copy of the background check report to verify what's being reported; 2) Provide the background check company with a copy of your expungement order (keep copies for this purpose); 3) Submit a formal dispute under the Fair Credit Reporting Act; 4) Notify the employer or other requesting party about the error and provide proof of expungement; 5) If the company fails to correct the report, consult with an attorney about potential legal action. Michigan law makes it a misdemeanor for anyone other than authorized agencies to divulge, use, or publish information about an expunged conviction, giving you legal recourse against violations.

Do immigration authorities recognize Michigan expungements?

For immigration purposes, expunged convictions may still be considered under federal immigration law. While expungement effectively removes a conviction from your record under Michigan law, federal immigration authorities often treat expunged convictions as convictions for immigration purposes. This is particularly true for drug offenses and crimes involving moral turpitude. However, expungement can sometimes help in immigration contexts by demonstrating rehabilitation or allowing for certain waivers. If you have immigration concerns, it's essential to consult with an attorney who specializes in both criminal and immigration law before pursuing expungement, as the intersection of these legal areas is particularly complex.

If I have convictions in both Michigan and another state, can Michigan courts expunge all of them?

No. Michigan courts can only expunge convictions that occurred within Michigan state courts. For convictions in other states, you must pursue expungement through those states' courts according to their specific expungement laws, which vary significantly from state to state. This means you may need to engage in separate expungement processes in multiple states if you have a multi-state criminal record. Additionally, eligibility criteria, waiting periods, and procedures differ between states, so a conviction that qualifies for expungement in Michigan might not qualify under another state's laws, or vice versa.

Navigate the Expungement Process with Confidence

Understanding where expungement applies—both in terms of court jurisdiction and the scope of protection—is essential to successfully clearing your record and maximizing its benefits in your life.

At Rockind Law, we guide clients through every aspect of the expungement process, from determining the appropriate courts for filing to helping you understand exactly how expungement will protect you in different contexts. For those with multi-county or multi-state records, we provide strategic coordination to address your complete criminal history effectively.

Schedule a Consultation Learn Why Expungement Matters

Call: (248) 208-3800

Free initial consultation available

Continue Exploring Michigan Expungement