Michigan Expungement Success Rate: What the Numbers Show

The product research reports do not provide a reliable statewide approval rate for petition-based set-asides or compare outcomes for represented and self-represented applicants. A denial bars refiling for three years under MCL 780.621d, unless the judge sets a shorter period in the written order.

For that reason, treat unverified percentage estimates as unreliable when deciding whether to file or hire counsel.

What Available Data Shows

The automatic sealing program is different. Since launching on April 11, 2023, the Clean Slate algorithm has sealed over five million records. That system runs daily through the Michigan State Police database and requires no petition, no hearing, and no judicial discretion. It covers records meeting the statutory criteria, including seven years from sentence imposition for eligible misdemeanors and ten years from the later of sentence imposition or completion of a prison term with the Michigan Department of Corrections for eligible felonies. For eligible felonies and eligible misdemeanors punishable by 93 days or more, a new conviction recorded in the MSP database during the wait blocks automatic sealing; a pending charge in that database also blocks sealing while pending. The no-new-conviction condition does not apply to misdemeanors punishable by 92 days or less.

Factors That Influence a Judge's Decision

Michigan statute requires the court to determine whether the petitioner's circumstances and behavior warrant setting aside the conviction and whether relief is "consistent with the public welfare." Judges evaluate several areas:

Time since completion of sentence. Meeting the minimum waiting period (three years for eligible misdemeanors other than serious misdemeanors, first-offense OWI, or assaultive crimes; five for serious misdemeanors, a first-offense OWI, or one felony; seven for more than one felony) is the floor. Exceeding it substantially works in your favor.

Rehabilitation evidence. Employment history, educational credentials, community service records, and counselor or employer letters carry weight. Judges want documented proof, not assertions.

Nature of the original offense. The offense matters to the court's public-welfare review. First-offense OWI petitions are eligible; local prosecutor policies about objections vary.

Victim restitution status. A set-aside does not cancel a restitution obligation. For an automatic set-aside, a court may reinstate the conviction only if it finds that the person has not made a good-faith effort to pay; an unpaid balance alone is not enough.

Criminal history since the conviction. A petition-based order cannot be entered while criminal charges are pending or if the applicant was convicted of any criminal offense during the applicable waiting period. A civil infraction or an arrest without a conviction is not the same statutory disqualifier.

Why Contested Cases Have Lower Odds

Prosecutor objection practices vary by county and offense. The product research does not provide county-specific objection rates.

When a prosecutor objects, the hearing shifts from a brief review into an adversarial proceeding. The petitioner must respond to specific objections, present witnesses if necessary, and convince the judge that public welfare favors relief despite the prosecution's concerns.

How to Improve Your Approval Odds

Compile a rehabilitation portfolio before filing. Include employment verification letters, certificates of completed programs (substance abuse treatment, anger management, vocational training), tax returns showing stable income, and at least two character reference letters from non-family members who can speak to your conduct since the offense.

Check the court ledger and keep records of payments. A set-aside does not cancel restitution, and for an automatic set-aside the court may reinstate the conviction if it finds no good-faith effort to pay.

Run your own ICHAT criminal history check before filing. An unreported charge or a record you forgot about can derail a hearing.

If your case involves multiple convictions, an OWI, or a prosecutor who has objected, consider consulting an expungement attorney. The market research reports attorney fees of $1,500 to $5,000 per petition; a denial bars refiling for three years unless the judge sets a shorter period.

The Michigan Expungement & Record Sealing Guide walks through the full petition process, hearing preparation, and rehabilitation portfolio assembly — step by step, with every form and timeline mapped.

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