Michigan Expungement Excluded Offenses: What Cannot Be Set Aside

Convictions Excluded from Ordinary Set-Aside Relief

MCL 780.621c bars specified convictions from the ordinary petition and automatic set-aside pathways. The listed exclusions do not cover every separate form of relief, such as a trafficking-victim petition:

Life felonies and attempts. Felonies carrying a maximum penalty of life imprisonment, and attempts to commit those offenses.

Criminal sexual conduct. CSC in the first, second, and third degree is excluded. CSC in the fourth degree is excluded if the conviction occurred on or after January 12, 2015. The statute also covers specified attempts.

Child abuse. First-degree and second-degree child abuse as defined under Michigan's child protection statutes.

Felony domestic violence with a prior. The research identifies a felony domestic-violence conviction with a prior misdemeanor domestic-violence conviction as excluded. It does not establish the pathway for every other DV record.

Traffic offenses causing injury or death. Any traffic offense that causes injury or death.

Commercial-motor-vehicle traffic offenses. A traffic offense committed by a person with a commercial-motor-vehicle endorsement while operating that vehicle, or otherwise constituting a commercial-motor-vehicle violation.

Other statutory exclusions. The statute also excludes specified human-trafficking and terrorism violations. A first-violation OWI is eligible only by petition and only if the applicant has not previously received a first-violation OWI set-aside; it is not eligible for automatic set-aside.

What About Assault

The research identifies assaultive crimes as excluded from the "One Bad Night" bundling rule (MCL 780.621b). That is a bundling restriction, not a categorical exclusion from set-aside relief. The research does not establish eligibility for each specific assault conviction; verify the offense before filing.

What About Domestic Violence

The research identifies a felony domestic-violence conviction with a prior misdemeanor domestic-violence conviction as excluded. It does not establish eligibility for other domestic-violence combinations; verify the exact record and statutory rule before filing.

What About Sex Offenses

The research identifies CSC first, second, and third degree as excluded. It does not establish the rules for other CSC degrees or non-CSC sex-related offenses; verify the specific statute before filing.

Alternatives for Excluded Offenses

For a conviction excluded from the ordinary set-aside paths, possible separate options include:

Governor's pardon. A formal petition to the Governor of Michigan through the Michigan Parole Board. Pardons are rare and discretionary. The process has no fixed timeline.

Post-conviction relief under MCR 6.500. A motion filed in the convicting court arguing that the underlying conviction was constitutionally defective — ineffective assistance of counsel, involuntary plea, newly discovered evidence. This is not record sealing. It is a challenge to the conviction itself. If successful, the conviction is vacated and the record reflects that vacatur. A rehabilitative set-aside may not eliminate immigration consequences; a vacatur based on a legal defect may be treated differently.

These alternatives involve separate legal processes. Federal immigration consequences depend on the case; a rehabilitative set-aside may not eliminate them, while a vacatur for a legal defect can be treated differently. Get case-specific advice before pursuing either route.

The Michigan Expungement & Record Sealing Guide includes the complete excluded offenses list and eligibility worksheets to determine whether a specific conviction qualifies for set-aside.

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