Michigan Set Aside Conviction: What It Means and How It Differs from Expungement

Set-Aside Is Michigan's Legal Term

Michigan does not use the word "expungement" in its statute. The official remedy under MCL 780.621 is a set-aside — and the distinction is more than semantic.

Some states use expungement procedures that remove or destroy records; Michigan set-asides do not. A set-aside makes the conviction nonpublic in the Michigan State Police criminal history database, but the state retains a restricted record under MCL 780.623.

What Changes After a Set-Aside

The practical effect is significant for most daily purposes. A set-aside conviction no longer appears on a standard ICHAT name search. Under MCL 780.622, the individual can generally answer "no" when asked whether they have a criminal record for that offense, subject to statutory exceptions. A private background report may still show a record that was public when the report was made; MCL 780.623 provides a specific liability exception for that situation.

For standard employment and housing applications, a set-aside functions like an expungement.

Who Still Sees It

The nonpublic record remains accessible only to specified entities, on request, and for purposes listed in MCL 780.623:

Courts and law enforcement. A court of competent jurisdiction, law enforcement agency, prosecutor, Attorney General, or other listed entity may use the record for the statutory purposes, including charging, plea-offer, or sentencing decisions. The statute also permits consideration at sentencing for a subsequent felony or offense punishable by more than one year in prison.

Judicial-branch licensing. MCL 780.623 permits consideration of the record in a licensing function conducted by an agency of the judicial branch. It does not grant general access to all state licensing boards.

Federal agencies. Federal immigration and firearm consequences are separate from the state set-aside. Their effect depends on the conviction, the federal law involved, and the relief granted.

The Two Pathways

Michigan offers two routes to a set-aside:

Automatic (Clean Slate). The MSP database identifies convictions that meet the statutory criteria. Up to four eligible misdemeanors punishable by 93 days or more (7-year wait from sentence imposition), an unlimited number of eligible misdemeanors with a maximum penalty of 92 days or less (7-year wait from sentence imposition), and two eligible felonies (10-year wait from the later of sentence imposition or completion of a prison term with MDOC) can be set aside automatically. For eligible felonies and misdemeanors punishable by 93 days or more, a new conviction recorded in the MSP database during the wait blocks set-aside; a pending charge in that database also blocks set-aside while pending. No petition, no hearing, no fee. The state sends no notification when it happens.

Petition-based. The individual files SCAO Form MC 227 with the convicting court, serves copies on the MSP, Attorney General, and prosecutor, pays a $50 MSP processing fee, and attends a court hearing. Waiting periods are shorter than the automatic system — five years for one felony or one or more serious misdemeanors, three for eligible non-serious, non-assaultive misdemeanors, and seven for more than one felony. The petition route handles records the automatic system cannot reach, including first-offense OWI and serious misdemeanors.

Both pathways produce the same legal effect under MCL 780.622, with a nonpublic record retained under MCL 780.623.

Common Misconceptions

"My record was automatically expunged, so I am completely clear." Not necessarily. Local county court databases often lag behind the MSP system. Private background check companies pull from commercial data sources that may still show the conviction. A proactive FCRA dispute may be needed.

"A set-aside restores my gun rights." Under MCL 750.224f(9), a set-aside conviction generally is outside the state restrictions in subsections (1) and (2), unless the order expressly prohibits firearm or ammunition possession. If a state restriction still applies, a non-specified felony generally has a three-year restriction after all sentence conditions are complete; a specified felony may require five years and a restoration order under MCL 28.424. A Michigan set-aside does not by itself establish federal firearm eligibility. The FBI's Voluntary Appeal File can help resolve erroneous NICS denials or delays, but a VAF entry does not itself grant firearm rights or guarantee a proceed result.

"I only need to file in one court." Each convicting court requires its own separate petition. Convictions in Wayne County District Court and Oakland County Circuit Court need two filings, two sets of copies, and potentially two hearings.

The Michigan Expungement & Record Sealing Guide covers both pathways — from verifying your record status through ICHAT to filing the petition to cleaning up commercial background checks after the order is granted.

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