Michigan Marijuana Conviction Expungement: No Waiting Period Required

The Streamlined Marijuana Pathway

Michigan's 2018 legalization did not itself create the set-aside process. The 2020 Clean Slate legislation created a separate application under MCL 780.621e for qualifying pre-legalization misdemeanor marijuana convictions. There is no waiting period or count limit for this pathway.

The eligible offenses are narrow: qualifying misdemeanor possession, use, and paraphernalia convictions for conduct that would not be criminal if committed on or after December 6, 2018. Felony marijuana convictions do not use this MC 227a pathway; evaluate them under the ordinary petition and automatic-set-aside rules.

Form MC 227a

The marijuana pathway uses its own dedicated form — SCAO Form MC 227a — not the standard MC 227. Its filing instructions are different from the standard petition:

1. Obtain a certified copy of the judgment of conviction from the convicting court
2. Complete and sign Form MC 227a
3. Make three copies of the application and attachments and file the packet with the clerk of the convicting court; there is no filing fee
4. Mail a copy of the application packet to the prosecuting official who handled the case, and complete the form's Certificate of Mailing
5. Keep a copy of the packet for your records; the MC 227a instructions do not require the standard RI-008 fingerprint card or $50 MSP processing payment

Under MCL 780.621e, the prosecuting agency has 60 days after service to file an answer challenging the presumption. If it files an answer, the court must set a hearing no later than 30 days after receiving it; at that hearing, the agency must prove by a preponderance of the evidence that the conduct would still be criminal if committed on or after December 6, 2018. If no answer is filed within 60 days, the court must enter an order setting aside the conviction within 21 days.

What About Drug Offenses Beyond Marijuana

Non-marijuana drug offenses — methamphetamine, cocaine, heroin, prescription fraud — follow the standard expungement rules:

• Misdemeanor drug offenses: three-year waiting period for eligible misdemeanors other than serious misdemeanors, first-offense OWI, or assaultive crimes; five years for serious misdemeanors
• Felony drug offenses: five-year wait for a single felony, seven years for multiple felonies
• Standard count limits: up to three felonies and unlimited misdemeanors via petition

The automatic Clean Slate system can also seal eligible drug misdemeanors after seven years from sentence imposition and eligible drug felonies after ten years from the later of sentence imposition or completion of a prison term with MDOC. 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 set-aside; a pending charge in that database also blocks set-aside while pending.

The Manufacturing and Delivery Gap

Michigan's marijuana-specific pathway applies only to misdemeanor possession, use, and paraphernalia. A pre-legalization felony conviction for marijuana manufacturing, delivery, or possession with intent to deliver is not eligible for the streamlined pathway.

These felonies can still be set aside through the standard petition process — but they count against the three-felony lifetime cap and require the applicable five- or seven-year petition waiting period. Eligible non-assaultive felonies may also qualify for automatic sealing after ten years from the later of sentence imposition or completion of a prison term with MDOC.

This distinction matters for people who were convicted under pre-legalization manufacturing or delivery charges for conduct that would be legal today under Michigan's recreational marijuana licensing system. The marijuana-specific streamlined pathway does not provide automatic retroactive relief for these felonies. Check whether a conviction meets the separate Clean Slate automatic criteria; otherwise, a petition is required.

Post-Set-Aside Steps

After the court grants the marijuana set-aside, the conviction moves to nonpublic status in the MSP database. It should no longer appear on an ICHAT search.

Private background check reports may not update automatically. If the set-aside conviction still appears on a commercial screening report, file a dispute under the Fair Credit Reporting Act and send the reporting company a copy of the court order. The company generally has 30 days to conduct a reasonable reinvestigation and correct or delete information it finds inaccurate, incomplete, or unverifiable; a limited 15-day extension can apply if you provide relevant information during the first 30 days.

The Michigan Expungement & Record Sealing Guide covers the marijuana pathway alongside the standard petition process, including the background check dispute kit for clearing commercial databases after the order is granted.

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