Michigan Expungement and Child Custody: What Family Courts Can Still See

A criminal record can reshape a custody case in Michigan. Custody proceedings follow standards separate from the set-aside process. The product research does not establish how a family court must consider a set-aside conviction, so do not assume the set-aside resolves a custody issue.

What a Set-Aside Does and Does Not Hide

Under MCL 780.623, a granted set-aside makes the conviction nonpublic in the Michigan State Police record. Under MCL 780.622, the individual can generally state to standard employers and landlords that they have no conviction for that offense, subject to statutory exceptions.

The product research states that courts and law enforcement retain access to nonpublic set-aside records. It does not establish how a family-court judge obtains or uses a particular record in a custody dispute.

This does not make expungement pointless in a custody context. It means the practical benefit is narrower than many people expect.

How Sealed Records Affect Custody Evaluations

The product research does not analyze custody factors or establish whether a set-aside changes how a family court considers a particular offense. A set-aside makes the conviction nonpublic; it does not physically destroy the underlying record. Get case-specific advice before relying on it in a custody proceeding.

In practice, a set-aside may help when the offense was non-violent and occurred years ago. A sealed retail-fraud conviction from a decade back may carry less weight than an active assault charge. The research does not establish whether a family-court judge can see a particular nonpublic record; a set-aside does not decide custody.

CPS Investigations and Background Checks

Child-welfare, foster-care, and adoption screening may involve separate records and agency rules. The product research does not establish which agencies can access nonpublic set-aside records or whether a set-aside changes a separate administrative listing. Confirm the requirements with the relevant agency before relying on a set-aside.

When Expungement Still Helps in a Custody Case

Despite the limitations, pursuing a set-aside before or during custody proceedings provides concrete benefits:

Private background checks. A set-aside record is nonpublic, but outdated commercial reports may still list it. If a report does, you have dispute rights under the FCRA.

Guardian ad litem reports. If a guardian ad litem or evaluator uses a commercial background report, an outdated listing can still require a dispute. A set-aside does not destroy the underlying record.

Narrative weight. A petition-granted set-aside means the court found relief consistent with the public welfare. An automatic Clean Slate set-aside involves no individualized court finding and neither route decides a separate custody question.

Third-party perceptions. A set-aside makes the conviction nonpublic, but the research does not establish what a particular school, pediatrician, coach, or other person may learn through separate channels.

Timing Matters

If you are anticipating a custody dispute and your conviction is eligible for set-aside, file the petition early. Hearing timing depends on local 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. A denial generally bars refiling the same conviction(s) for three years unless the court specifies an earlier date.

If both proceedings are active, get advice on how to coordinate them. A set-aside order does not decide custody.

Run an ICHAT check to verify your current public record status, and review the full eligibility requirements before filing.

The Michigan Expungement & Record Sealing Guide covers the petition process, rehabilitation portfolio assembly, and post-clearance verification — including how to dispute sealed records that appear on private screening reports used in custody evaluations.

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