Michigan Expungement Waiting Periods: When You Can File
The Starting Date Most People Get Wrong
Petition waiting periods vary by category under MCL 780.621d. Serious-misdemeanor, first-offense OWI, and felony waits use the latest applicable sentence imposition, probation completion, parole discharge, or imprisonment completion. Other eligible misdemeanor waits use the latest of sentence imposition, imprisonment completion, or probation completion. 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.
A set-aside does not cancel restitution; unpaid restitution alone does not bar a petition.
A person sentenced in 2019 to two years of probation, discharged from probation in 2021, cannot begin counting the waiting period until 2021 — not 2019.
Petition-Based Waiting Periods
| Offense Type | Waiting Period | Notes |
|---|---|---|
| Eligible misdemeanor other than a serious misdemeanor, first-offense OWI, or assaultive crime | 3 years | Unlimited count |
| Serious misdemeanor | 5 years | As defined by Crime Victim's Rights Act |
| Single felony | 5 years | Up to 3 felonies lifetime via petition |
| Multiple felonies | 7 years | From the latest triggering event across all convictions |
| First-offense OWI | 5 years | One lifetime, petition only |
| Marijuana misdemeanor | No waiting period | Pre-legalization offenses, Form MC 227a |
The marijuana pathway is immediate. Anyone with a pre-2018 misdemeanor marijuana conviction (possession, use, or paraphernalia) can file for set-aside on the day they decide to, with no elapsed time required.
Automatic (Clean Slate) Waiting Periods
The automatic system has longer waiting periods. 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.
| Offense Type | Waiting Period | Count Limit |
|---|---|---|
| Low-level misdemeanor (≤92 days max penalty) | 7 years | No limit |
| Eligible misdemeanor punishable by 93 days or more | 7 years | Up to 4 |
| Eligible non-assaultive felony | 10 years from the later of sentence imposition or completion of a prison term with MDOC | Up to 2 |
Misdemeanor automatic waits use sentence imposition; the felony automatic wait uses the later of sentence imposition or completion of a prison term with MDOC. Petition waits use the latest applicable sentence imposition, probation completion, parole discharge, or imprisonment completion.
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The Intervening Conviction Barrier
Under MCL 780.621g, the no-new-conviction condition applies to 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. The statute does not apply that condition to misdemeanors punishable by 92 days or less. A pending criminal charge in the MSP database also blocks automatic sealing while pending. A petition-based order has its own rule: no pending charges and no criminal conviction during the applicable waiting period.
An estimated 450,000 Michigan residents are locked out of automatic relief because of this rule. A petition may be another route if its separate requirements are met.
When to File Instead of Waiting
The petition waiting periods are consistently shorter than the automatic ones. Filing a petition makes sense when:
- The conviction is a felony (5-year petition wait vs. 10-year automatic wait)
- If a new conviction blocked automatic sealing, a petition is not an immediate workaround: the court cannot grant it while charges are pending or if a conviction occurred during the applicable petition waiting period
- The conviction is a serious misdemeanor (excluded from the 93-day-or-more automatic category) or a first-offense OWI (petition-only)
- The individual needs the record cleared now for a specific employment or housing deadline
The standard MC 227 petition requires a $50 MSP background-check processing fee, fingerprinting, and a court hearing. The separate MC 227a marijuana process has no filing fee. Certified-copy, mailing, and other local costs vary. Hearing timing depends on local practice; the court cannot hold the hearing until it receives the MSP report. The automatic system is free but provides no individual notification.
The Michigan Expungement & Record Sealing Guide includes a waiting period calculator that accounts for probation discharge dates, multiple convictions, and the intervening conviction rule.
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