(313) 425-5555 22226 Garrison St, Dearborn, MI 48124
Mon-Fri: 8:30AM - 4:30PM English & Arabic

Last updated

What expungement actually does

A Michigan expungement, formally a set-aside, removes a conviction from your public record. After it is granted, the offense should no longer appear on the background checks that employers, landlords, and licensing boards run. It is one of the most direct ways to undo the long tail of an old charge, and since the Clean Slate Act of 2021, far more people qualify than before.

Two ways a record gets cleared

Automatic expungement. In effect since April 2023, this clears qualifying records on a timer with no application: certain misdemeanors after seven years, and certain felonies after ten years, measured from the relevant date and assuming no disqualifying activity in between. You do nothing, but you also do not control the timing, and plenty of offenses fall outside it.

By petition. For everything else, or when you want a record cleared sooner than the automatic timeline, you file a petition to set aside. Under current law an eligible person can clear up to three felonies and an unlimited number of misdemeanors, within the statute’s limits. A petition involves fingerprints, a filing with the Michigan State Police, notice to the prosecutor and the Attorney General, and usually a hearing.

What cannot be cleared

The statute carves out serious offenses. First-degree criminal sexual conduct, offenses that carry a maximum of life, certain traffic offenses, and a handful of other categories are not eligible. Part of our first conversation is checking your specific convictions against those exclusions, so you are not waiting on something that can never happen.

Waiting periods

The clock depends on what you are clearing, generally three, five, or seven years from the completion of the sentence, with longer periods for multiple or more serious offenses, and five years for a qualifying first-offense OWI. New convictions during the waiting period reset or block eligibility, which is why timing the petition correctly matters.

How we handle it

We start with an eligibility review: you tell us what is on your record, and we tell you what qualifies, under which path, and when. If you are eligible now, we prepare and file the petition, coordinate the fingerprinting and State Police steps, and appear at the hearing. The goal is a clean grant the first time, because a denied petition can mean waiting years to try again.

Expungement FAQ

Clean Slate is a set of 2021 laws that expanded who can clear a Michigan criminal record. It raised the number of convictions that can be set aside, shortened some waiting periods, and created automatic expungement for certain older offenses without an application.

By application, an eligible person can have up to three felonies and an unlimited number of misdemeanors set aside, subject to limits on the type of offense and the overall record. Certain serious offenses, such as first-degree criminal sexual conduct and life-maximum felonies, can never be set aside.

Both paths exist. Michigan's automatic expungement, in effect since April 2023, clears certain eligible misdemeanors after seven years and certain eligible felonies after ten years with no application. Anything outside those automatic rules, or that you want cleared sooner, requires a petition.

Since 2022, one first-offense OWI can be set aside by application after a five-year waiting period, subject to eligibility. It is not automatic. We review the specific conviction and timing before filing.

Criminal Defense Across Metro Detroit

We represent criminal defense clients throughout Wayne County from our Dearborn office.

Visit Our Dearborn Office

We represent expungement clients throughout Wayne County and Metro Detroit from our Dearborn office.

Find out what can come off your record

A short eligibility review tells you which convictions qualify and when.