Michigan Expungement for Assault, Domestic Violence, and Sex Offenses

Violent offenses can involve distinct set-aside rules. The product research identifies assaultive crimes as excluded from "One Bad Night" bundling, and lists specific categories that are excluded from relief. It does not establish the eligibility of every assault offense.

Assault Convictions

The research does not establish the set-aside pathway or waiting period for each assault statute. It does specify that assaultive crimes cannot be bundled under the "One Bad Night" rule (MCL 780.621b). Verify the exact offense and eligibility rules before filing.

Domestic Violence

The research identifies a felony domestic-violence conviction with a prior misdemeanor domestic-violence conviction as categorically excluded. It does not establish eligibility for every other domestic-violence record; verify the specific conviction before filing.

Sex Offenses

The research identifies these criminal sexual conduct (CSC) degrees as excluded:

• CSC 1st degree (MCL 750.520b): excluded
• CSC 2nd degree (MCL 750.520c): excluded
• CSC 3rd degree (MCL 750.520d): excluded
• CSC 4th degree (MCL 750.520e): excluded if the conviction occurred on or after January 12, 2015 The statute also excludes specified attempts; verify the exact statute before filing.

Human Trafficking Victims

Individuals who were victims of human trafficking may use SCAO Form MC 227b to seek a set-aside for convictions that resulted from their victimization. The product research does not establish the waiting period or all offense-eligibility rules for this pathway.

The Bottom Line on Excluded Offenses

The exclusions under MCL 780.621c include life felonies and attempts, specified CSC and child-abuse offenses, felony DV with a prior DV misdemeanor, specified human-trafficking and terrorism violations, traffic offenses causing any injury or death, and qualifying commercial-motor-vehicle traffic offenses. A first-violation OWI can be set aside only by petition and subject to statutory requirements; it is not eligible for automatic set-aside. The statute does not establish that every offense outside these categories is eligible.

The Michigan Expungement & Record Sealing Guide includes a complete eligibility worksheet that maps specific MCL sections to their relief pathway, waiting period, and exclusion status.

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