Michigan Expungement: How to Get Your Record Cleared

What Michigan Expungement Actually Does

Michigan does not destroy criminal records. A set-aside petition is governed by MCL 780.621; the resulting nonpublic record status is described in MCL 780.623. The conviction moves from the public criminal history database into a restricted, nonpublic archive maintained by the Michigan State Police. After a successful set-aside, the conviction no longer appears on a standard ICHAT name search, and the individual can legally state to standard employers, landlords, and educational institutions that they have no record for that offense.

Two paths exist: the automatic Clean Slate system (running daily since April 11, 2023) and the traditional petition filed with the convicting court. More than five million convictions have been automatically sealed so far. But the automatic system covers a narrow slice of eligible records, and Michigan sends no notification when a record is cleared. Many people still need the petition route to seek relief.

Who Qualifies

Eligibility depends on the offense type, the number of lifetime convictions, and the applicable waiting-period trigger. Automatic misdemeanor waits run from sentence imposition; the felony wait runs from the later of sentence imposition or completion of a prison term with the Michigan Department of Corrections. Petition waits use the latest applicable sentence, probation discharge, parole discharge, or imprisonment completion.

Automatic sealing covers up to two eligible non-assaultive felonies (10-year wait) and up to four eligible misdemeanors punishable by 93 days or more (7-year wait). Low-level misdemeanors carrying a maximum penalty of 92 days or less have no count limit. For eligible felonies and misdemeanors punishable by 93 days or more, a new conviction recorded in the MSP database during the wait blocks automatic sealing, and a pending charge in that database also blocks set-aside while pending. These conditions do not apply to the low-level misdemeanor category (MCL 780.621g).

Petition-based set-asides cover up to three felonies and unlimited misdemeanors. Waiting periods are shorter: five years for one felony, one or more serious misdemeanors, or a first-offense OWI; seven years for more than one felony; and three years for eligible misdemeanors other than serious misdemeanors, first-offense OWI, or assaultive crimes. A court cannot enter an order while criminal charges are pending or if the applicant was convicted of any criminal offense during the applicable wait. A set-aside does not cancel restitution, but an unpaid balance alone does not bar a petition. Eligible misdemeanor marijuana applications have a separate process with no waiting period.

Excluded from ordinary set-aside relief: life felonies and attempts, specified criminal sexual conduct convictions, child abuse in the first or second degree, felony domestic violence with a prior misdemeanor domestic-violence conviction, traffic offenses causing any injury or death, qualifying commercial-motor-vehicle traffic offenses, and other categories listed in MCL 780.621c.

The Petition Process in Eight Steps

1. Retrieve your official record. Run an ICHAT name search ($10) through the Michigan State Police portal to see what the public database shows. For a complete picture — including records that may have been automatically sealed — order a fingerprint-based personal records check ($30) using Form RI-008.

2. Get certified copies. Obtain a certified copy of the judgment of conviction from each convicting court. Court clerks charge approximately $10 plus $1 per page.

3. Complete the correct SCAO form. For standard MC 227 applications, do not sign until you are in front of a licensed notary or deputy court clerk. Use MC 227a for qualifying marijuana misdemeanors; it has separate filing instructions and no filing fee. Use MC 227b for qualifying human-trafficking-victim applications.

4. Get fingerprinted. Obtain official fingerprints on an applicant card (Form RI-008) at a local sheriff's office, police department, or MSP post. Fees range from $15 to $25.

5. File with the court. File the application with the clerk of the convicting court and follow the clerk's instructions for copies.

6. Serve the application. Mail the required copies to the Michigan State Police Criminal Justice Information Center (with the fingerprint card and a $50 check payable to "State of Michigan"), the Michigan Attorney General, and the prosecuting official. Complete the Proof of Service after mailing, return one completed copy to the court, and keep one for your records.

7. Prepare for the hearing. Hearing timing depends on local court practice. Current SCAO instructions say the clerk may set a date at filing, but the hearing cannot be held until the MSP report is received. Build a rehabilitation portfolio: employment records, education certificates, letters of support, community service documentation. The prosecutor may file written objections.

8. Attend the hearing. Present your case. The judge evaluates whether setting aside the conviction serves the public welfare. If granted, the court order directs the MSP to update the record. If denied, you cannot refile for three years unless the judge sets a shorter window.

What It Costs

Each standard MC 227 petition includes a $50 MSP background-check processing fee. The separate MC 227a marijuana process has no filing fee. Fingerprinting, certified copies (typically $10 plus $1 per page), mailing, and notarization add local costs for MC 227. The $10 ICHAT search and $30 MSP Personal Records Check are optional record-verification searches, not court filing fees. MC 227 has no direct court filing fee; Form MC 20 may be used to request a waiver of eligible local costs. The $50 MSP fee cannot be waived.

Private expungement attorneys charge $1,500 to $5,000 per petition. Many straightforward cases can be handled pro se.

After the Set-Aside

A granted set-aside does not automatically update private background check databases. Companies like Checkr, HireRight, and Sterling pull from commercial data sources that lag behind court records. If a set-aside conviction still appears on a screening report, file a dispute under the Fair Credit Reporting Act and send the screening company a certified copy of the court order. The company generally has 30 days to conduct a reasonable reinvestigation and correct or delete information it finds inaccurate, incomplete, or unverifiable; a limited 15-day extension can apply if you provide relevant information during the first 30 days.

A Michigan set-aside does not necessarily resolve federal firearm eligibility. Under MCL 750.224f(9), Michigan's felon-in-possession restriction generally does not apply to a conviction that has been set aside unless the order expressly prohibits firearm or ammunition possession. MCL 28.424 is a separate state process for a person still prohibited under MCL 750.224f(2). In one 2025 federal district-court case, Wilburn v. ATF, the court held that a Michigan set-aside did not remove a misdemeanor domestic-violence conviction's federal firearm prohibition on those facts. The FBI's Voluntary Appeal File (VAF) may help clarify a NICS record, but does not establish firearm eligibility.

The Michigan Expungement & Record Sealing Guide walks through every step — from verifying your ICHAT record to filing the petition to disputing background check errors after the court grants relief.

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