Learn about expungement eligibility, processes, and requirements in Michigan.
If a person is ineligible for expungement under Michigan’s criteria (due to the nature of the conviction or number of offenses), or if expungement is denied, there are a few other avenues to mitigate the impact of a criminal record:
Executive Clemency (Pardon): A Governor’s pardon is the primary recourse for convictions that cannot be expunged. A pardon, if granted, forgives the conviction and, in effect, erases the legal consequences. Michigan’s Constitution gives the Governor power to pardon convictions. One applies through the Parole Board (which reviews petitions and makes recommendations). A pardon is extraordinary and rare, but it has the effect of “blotting out” the conviction as if it never occurred (Michigan - Guide to Pardon, Expungement & Sealing). In practice, the Parole Board will not recommend a pardon if the person is eligible for expungement relief through the courts (Michigan - Guide to Pardon, Expungement & Sealing). But for those who have convictions like murder or multiple felonies that bar them from expungement, a pardon is the only mechanism to get official forgiveness. If a pardon is obtained, the person can then seek to have the record officially removed from public databases (the record would be marked pardoned). The Michigan Parole Board’s application for pardon asks for extensive information (similar to a clemency petition) and notes that expungement should be pursued first if available (Michigan - Guide to Pardon, Expungement & Sealing). Because pardons are so infrequent, they are a long-shot remedy, but indeed some convictions can only be addressed by a pardon. Michigan encourages those who can’t expunge to consider this route – e.g., the Michigan Legal Help guidance explicitly says if you do not qualify or the judge denies your expungement, you can ask the Governor for a pardon as an alternative (Applying to Set Aside (Expunge) an Adult Criminal Conviction | Michigan Legal Help).
Deferred Adjudication Programs: Michigan has several special sentencing programs that prevent a conviction from appearing on one’s record in the first place. While these must be used at the time of sentencing (not after the fact), they are worth noting as alternatives to an expungement for those currently facing charges. For example, the Holmes Youthful Trainee Act (HYTA) allows many offenses committed by young adults (age 17–24) to be assigned “trainee” status – the individual pleads guilty and is put on probation without a conviction; upon successful completion, the charge is dismissed and no conviction is entered (no public record) (Expungement of Criminal Records in Washtenaw County Best Criminal Attorney Washtenaw County) (Expungement of Criminal Records in Washtenaw County Best Criminal Attorney Washtenaw County). There are also statutory deferrals for first-time offenders: MCL 333.7411 for first drug possession offense (probation and dismissal), MCL 769.4a for first domestic violence offense (deferral and dismissal), as well as programs like veterans treatment court, drug court, and mental health court which can result in charges being dismissed under MCL 600.1070, 600.1209, etc. (MCL - Section 780.621 - Michigan Legislature). If a person went through one of these deferrals, they avoid a conviction altogether and thus don’t need an expungement (the record will show no conviction, or in some cases will be non-public from the start). These programs are an alternative route to rehabilitation that effectively seals the record upon successful completion. However, they are only available for eligible individuals at the time of sentencing. For someone who already has a conviction that wasn’t deferred, these options can’t be applied retroactively. In summary, pre-conviction diversion programs act as an alternative to expungement by preventing a conviction record; Michigan offers several such programs for eligible first-time or youthful offenders (MCL - Section 780.621 - Michigan Legislature). Utilizing these (when available) is important because if successful, the need for expungement later is moot.
Certificates of Employability: Michigan does not have a broad “certificate of rehabilitation” for all ex-offenders, but it has a limited Certificate of Employability program through the Department of Corrections. Under MCL 791.234d (enacted in 2014), certain prisoners can earn a Certificate of Employability before release by completing vocational and educational programs and maintaining a good conduct record (Michigan - Guide to Pardon, Expungement & Sealing). This certificate can be issued in the 30 days prior to release for qualifying inmates (Michigan - Guide to Pardon, Expungement & Sealing). It does not erase the conviction, but it serves as official recognition of the offender’s rehabilitation and work-readiness. The value of this certificate is that it provides legal protections to employers who hire the individual: in a civil suit for negligent hiring, a Certificate of Employability conclusively establishes that the employer was not negligent simply for hiring that person (Michigan - Guide to Pardon, Expungement & Sealing) (Michigan - Guide to Pardon, Expungement & Sealing). It also must be considered favorably by occupational licensing boards as evidence of good moral character (Michigan - Guide to Pardon, Expungement & Sealing). In essence, it’s a tool to encourage employers and licensing agencies to give the person a chance, by reducing liability. The limitation is that it’s only available to those who were incarcerated and met the criteria; those with convictions who are not incarcerated or who didn’t go through DOC programming cannot get this certificate (Michigan - Guide to Pardon, Expungement & Sealing) (Michigan - Guide to Pardon, Expungement & Sealing). Between 2015 and 2023, a few thousand such certificates were issued to inmates nearing release (Michigan - Guide to Pardon, Expungement & Sealing). For someone who cannot get an expungement (e.g., they have a serious felony that isn’t expungeable), a Certificate of Employability (if they are eligible) may aid in securing jobs or licenses, although it does not remove the conviction from the record. It is an alternative form of relief focused on employability rather than record clearing.
Record Sealing for Juveniles: As discussed, Michigan’s “Clean Slate for Kids” will automatically seal many juvenile adjudications after a period of time (Expungement of Criminal Records in Washtenaw County Best Criminal Attorney Washtenaw County). If a person has a juvenile record that is ineligible for the formal expungement petition (for instance, more than one felony-level juvenile offense, or an assaultive juvenile offense they can’t expunge), they might still benefit from the automatic process that seals juvenile records after 2 crime-free years post-supervision (except for the very serious offenses). Additionally, even prior to automatic sealing, juvenile records in Michigan are not public in the same way adult records are; one typically has to petition the juvenile court for an order to release or set aside an adjudication (which is often easier than adult expungement in cases where the youth has only a minor record). Thus, for juvenile matters, there are alternatives like simplified set-aside of adjudication (the law allows up to 3 adjudications to be set aside via application as covered) or just waiting for the automatic clearance if applicable (Michigan Senate Bill 681 and 682 - Criminal Appeals Advocates, P.C.).
Other Relief: If expungement isn’t an option, individuals can still pursue informal remedies to lessen the impact of a record. For instance, Michigan has a “Ban the Box” policy for public employment, meaning many public employers cannot ask about convictions on the initial job application. While this doesn’t erase a record, it gives the applicant a chance to be judged on qualifications first. Also, Michigan law limits how a conviction can be used in some licensing decisions – licensing boards must consider rehabilitation and the time elapsed, etc., and cannot deny solely for an old conviction unrelated to the profession (especially after recent reforms). These are not direct remedies, but they can alleviate some consequences for those stuck with records. Additionally, someone who was denied an expungement by a judge may appeal the denial or request a rehearing, although success varies (Applying to Set Aside (Expunge) an Adult Criminal Conviction | Michigan Legal Help) (Applying to Set Aside (Expunge) an Adult Criminal Conviction | Michigan Legal Help). If the issue was simply failing to meet a waiting period or having a recent offense, time is a remedy – they can wait until they become eligible (e.g., if a new conviction made them ineligible, after enough years that new conviction itself could potentially be expunged, provided the overall record then fits the criteria).
In summary, if Michigan’s expungement process is not available or not successful, the main options are executive clemency (pardon), which is rare but powerful; taking advantage of deferred adjudication programs (to avoid convictions in the first place, where applicable); and for those coming out of prison, obtaining a Certificate of Employability to improve job prospects despite the record (Michigan - Guide to Pardon, Expungement & Sealing) (Michigan - Guide to Pardon, Expungement & Sealing). Aside from these, there is no alternative judicial “sealing” process for adult convictions in Michigan outside of the expungement statute – unlike some states, Michigan does not have multiple post-conviction relief types (e.g., no separate “certificate of rehabilitation” for those in the community, no general “sealing” for non-conviction records beyond what’s described). A governor’s pardon remains the catch-all relief for situations where the normal expungement is unavailable.
“Clean Slate” Reforms (2020–2021): Michigan enacted major expungement reforms in 2020, often referred to as the “Clean Slate” package, which took effect in April 2021 (with some provisions like automatic expungement beginning in 2023) (Attorney General: Expungement Assistance) (Attorney General: Expungement Assistance). These reforms greatly expanded eligibility – increasing the number of allowable expungements (from one felony and two misdemeanors under old law to three felonies and unlimited misdemeanors) (Attorney General: Expungement Assistance), reducing certain waiting periods, and opening expungement to some traffic offenses and first-time OWI. Michigan became one of the first states to include automatic expungement for certain convictions: as of April 11, 2023, the law mandates that the MSP will automatically set aside qualifying convictions after a period of years, without any application (Attorney General: Expungement Assistance). The automatic expungement criteria are: up to 2 felonies and up to 4 misdemeanors can be automatically cleared (per individual) after a 10-year wait for felonies or 7-year wait for misdemeanors, provided the person has no new convictions and no pending charges in that time (Michigan Clean Slate) (Michigan Clean Slate). Certain offenses are excluded from automatic clearance (basically the same list that can’t be expunged by application, plus any “assaultive” crimes and “serious misdemeanors” are excluded from the automatic process even if they could be expunged by application) (Michigan Clean Slate). The automatic process is handled by the State Police and began in April 2023; it is expected to clear hundreds of thousands of old records over time. Michigan is unique in that it allows even some felonies to be expunged automatically (most states with automatic sealing limit it to minor offenses) (Automatic Expungement - Safe & Just Michigan). It’s important to note automatic expungement is a backstop – if one is eligible for it, it will happen eventually, but people can still use the application process to clear records faster rather than waiting the full term.
One-Bad-Night Rule: Michigan’s “One Bad Night” (sometimes called “One Bad Event”) provision is a distinctive feature. As discussed, it treats multiple convictions arising from the same incident as one for expungement eligibility (Attorney General: Expungement Assistance). For example, if someone was convicted of three different charges all from one incident on a single day, those can be counted as one conviction for purposes of the “no more than 3 felonies” rule. This prevents a single criminal episode from dooming a person’s expungement chances simply because it resulted in several charges. The law does carve out that this rule doesn’t apply if one of the offenses is punishable by over 10 years or is an assaultive crime, which is a nuance in applying it ([PDF] Michigan Clean Slate Legislation Overview - Michigan Courts). This concept is relatively novel and not found in most other states’ laws, so it’s a Michigan-specific nuance that attorneys and petitioners must consider when counting convictions.
Terminology – Set Aside vs. Expungement: Michigan statutes use the term “set aside” a conviction rather than the word expungement. In practical usage, these terms are interchangeable (even the Michigan courts and forms often mention expungement in parentheses). For example, the main law is titled “Application to Set Aside Conviction” (MCL 780.621) and the order is an order to set aside a conviction, but laypersons call it an expungement (Attorney General: Expungement Assistance). So when researching, note that Michigan might refer to “set aside,” which has the same legal effect as expungement (sealing of the public record) (Attorney General: Expungement Assistance).
First-Offense OWI Expungement: Michigan’s decision to allow first-time drunk driving offenses to be expunged (effective February 19, 2022) is noteworthy (Attorney General: Expungement Assistance). Drunk driving is one of the most common misdemeanor convictions and most states strictly forbid DUI expungements. Michigan broke from that trend, offering a second chance to first offenders. The law permitting OWI expungement was a significant change and has specific conditions (only one lifetime, 5-year wait, no injury/death) (Attorney General: Expungement Assistance). This was the result of extensive advocacy and is seen as a test of balancing public safety with forgiveness of a single mistake.
Marijuana Convictions Relief: After Michigan legalized adult-use marijuana in December 2018, the state created a special expungement avenue for past marijuana offenses that would not be crimes anymore. Misdemeanor marijuana possession/use convictions can be expunged with a streamlined process and without waiting period (Attorney General: Expungement Assistance) (Attorney General: Expungement Assistance). The law essentially presumes eligibility – the court shall grant the expungement unless a prosecutor proves the conduct would still be illegal (for example, if someone was actually charged with driving under the influence of marijuana – still illegal – that wouldn’t be cleared under this provision because DUI is still a crime, but simple possession is cleared). This provision (MCL 780.621e) is unique to Michigan’s response to legalization. It led to thousands of marijuana expungements and is considered a model for states following legalization.
Treatment of Out-of-State Convictions: A Michigan expungement cannot clear a conviction from another jurisdiction (another state or federal) (What Convictions Can You Expunge (Set Aside) with an Application? | Michigan Legal Help). However, when applying in Michigan, you must be mindful of any out-of-state or federal convictions because they can affect eligibility. The Michigan law’s language “convicted of … offenses in this state” suggests the numeric limits (e.g., no more than 3 felonies) apply to Michigan convictions (MCL - Section 780.621 - Michigan Legislature). But Michigan courts may consider out-of-state convictions in determining whether to grant the expungement as a matter of discretion, and the Attorney General has indicated out-of-state convictions “could impact your Michigan expungement application.” (What Convictions Can You Expunge (Set Aside) with an Application? | Michigan Legal Help). In some cases, if you have a felony from another state, the Michigan court might view that similarly to having another felony on record (even if not counting toward the statutory three). At the very least, any out-of-state convictions will show up in the FBI background check and will be known to the judge (What Convictions Can You Expunge (Set Aside) with an Application? | Michigan Legal Help). An important note: Michigan cannot expunge a federal conviction, but one can seek a presidential pardon for federal offenses, or relief under federal law. Michigan’s Clean Slate automation also does not touch out-of-state/federal cases – it’s only for Michigan state convictions.
Impact on Firearm Rights: Under Michigan law, a person convicted of a felony loses the right to possess firearms until certain conditions are met (either 3 or 5 years after completion of sentence, depending on the offense, for state law restoration, per MCL 750.224f). An expungement (set-aside) generally restores state firearm rights because the conviction is deemed not to exist for most purposes. However, federal firearm law (18 U.S.C. § 921(a)(20)) will treat an expunged conviction as not prohibiting firearms only if the expungement “removes all disabilities” and does not explicitly forbid firearms. Michigan’s expungement law does release the person from penalties and disabilities of the conviction, so in most cases an expunged conviction will also lift the federal firearm ban. That said, this is a complex area and sometimes individuals with expunged felonies will get a separate order restoring firearm rights to be sure. This is a Michigan-specific quirk in that expungement likely restores gun rights but it’s not expressly stated in the statute – it comes as a byproduct of the conviction being set aside.
Collateral Consequences and Protections: Michigan has made efforts to reduce collateral consequences of criminal records. For example, Michigan law prohibits the denial of a occupational license solely due to a criminal conviction unless it is directly related to the profession or there are public safety concerns (Good Moral Character law, MCL 338.42) – and even then, if the person has a Certificate of Employability or evidence of rehabilitation, the board must consider it (Michigan - Guide to Pardon, Expungement & Sealing) (Michigan - Guide to Pardon, Expungement & Sealing). Michigan also has a robust ban-the-box policy for state jobs, and many local jurisdictions do the same for city employment or housing. These are not expungements per se, but they are part of Michigan’s approach to giving people second chances.
Notable Statistics: With the new laws, Michigan anticipates a large increase in expungements. In fact, in 2021 (immediately after Clean Slate took effect) the number of expungement applications filed was over double that of the previous year (Attorney General: Expungement Assistance). Starting April 2023, automatic expungement began clearing old records; within the first year, it’s expected that over 1 million convictions could be set aside without applications (this includes a backlog of decades of old cases that meet the criteria) (Clean Slate - Safe & Just Michigan). Michigan State Police is responsible for executing this automatic clearance and updating the criminal history database accordingly (Michigan Clean Slate). Individuals do not receive direct notice from the state when an automatic expungement happens; they would typically find out by doing a personal record check or being told by a court or agency. Because of this, Michigan recommends if you need a cleared record by a certain time (for a job, etc.), you should still go through the application process rather than simply waiting for automatic, since automatic might happen on a longer timeline (especially if your conviction just became eligible, you’d wait the full 7 or 10 years).
In conclusion, Michigan’s expungement landscape has transformed in recent years, becoming one of the more forgiving and forward-looking in the nation. Key Michigan-specific points include the introduction of automatic expungements, the One Bad Night rule, allowance of first DUI expungement, special treatment for marijuana offenses, and a separate track for juvenile record sealing. The term “set aside” is used in Michigan statutes but has the same meaning as expungement. While Michigan imposes certain lifetime limits and exclusions, it offers a broad path to a clean record for many and is continuing to refine these laws to balance rehabilitation opportunities with public safety. Always refer to the Michigan Compiled Laws (MCL 780.621–780.624) and Michigan court resources for the most up-to-date requirements, as the expungement laws have recently undergone significant changes (Attorney General: Expungement Assistance) (Attorney General: Expungement Assistance).
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