Expungement Assistance: How to Clean My Record Up
Many Metro Detroit residents that have been convicted of a crime, served their sentence, and are looking to move on, find it extremely difficult to do so. A conviction on your record can haunt you for the rest of your life and make living that life to the fullest difficult. Everything from purchasing a home, acquiring a job, and keeping full or partial custody of your children can be a challenge with a conviction on your record. Thankfully, the state of Michigan offers record expungement options for those who wish to wipe the slate clean.
At the Law Offices of Raymond Cassar, we help our clients build and argue their case for record expungement. Whether you have a felony conviction or a few misdemeanors on your record, our attorneys can assist you in starting fresh and moving forward.
What is Record Expungement?
Criminal record expungement (also known as a set-aside) is the process of building a case for the removal of a conviction from your criminal history. Michigan law permits anyone with no more than one felony or two misdemeanor convictions to petition a court to remove their conviction.
When a criminal offense is expunged it is no longer accessible to the public, but law enforcement agencies will still be able to view them. Though most offenses have the potential to be set-aside, there are those that do not qualify, such as murder, criminal sexual conduct, or traffic offenses.
The Clean Slate Act
In 2021, Michigan enacted the Clean Slate Act, a landmark reform that expanded the state’s expungement program and introduced two primary pathways to clearing a criminal record:
- Automatic Expungement: Certain non-violent misdemeanors and felonies may now be expunged without the individual needing to file a petition. This process began in April 2023 and applies only to eligible convictions after a designated waiting period (e.g., 7 years for misdemeanors and 10 years for felonies), provided there are no new offenses.
- Petition-Based Expungement: For offenses not covered by the automatic process, individuals must formally petition the court, submit documentation, and attend a hearing. This route requires a more involved process but can apply to a broader range of offenses than automatic expungement.
Who Qualifies for Expungement in Michigan?
Michigan law now allows for more flexible and expanded eligibility for criminal record expungement, including:
- Up to three felony convictions may be expunged
- Unlimited misdemeanors, provided they meet eligibility criteria
- A first-time OWI (Operating While Intoxicated) conviction under certain conditions
- Marijuana offenses that would not be crimes under current laws
However, not all convictions are eligible. The following are generally ineligible for expungement:
- Felonies punishable by life imprisonment
- Most forms of criminal sexual conduct
- Certain assaultive crimes
- Traffic offenses involving serious injury or death
It's important to know that expunged records are not erased entirely—they are sealed from public view, but law enforcement, courts, and certain state agencies can still access them when necessary.
Depending on your specific case, Michigan offers two types of expungement processes:
- A petition-based process, which requires a formal application, fingerprinting, and a court hearing
- An automatic process, which is limited to certain low-level offenses and applies without requiring action from the individual
Expungement Advantages
We understand the disadvantages you can face when you have to check “yes” on a job or housing application asking if you’ve been convicted of a crime. With record expungement, those fears and rejections can quickly become a thing of the past. When you choose to file for a criminal record set-aside, you’ll find numerous advantages, including:
- Better job opportunities
- More educational options
- Eliminate the criminal stigma
- Additional housing options
- Lower insurance premiums
The Record Expungement Process
In order to expunge your record of previous offenses, there are a few steps you must take—waiting being number one. Your expungement can take anywhere from eight months to a year to come into full effect, and oftentimes will require a lawyer to represent you. You and your lawyer will sit down to review your case and discuss why you wish to set your conviction aside. You’ll then fill out the expungement applications and send them to the Michigan State Police (MSP) for processing.
Reviewing your expungement can take up to two months to process and then an additional three months for the Department of Attorney General to respond. After all parties have completed approvals, an expungement hearing will be scheduled where you can plead your case. You’ll be required to prove to the judge that you have made positive steps to change and better your life—expungements are a privilege, not a right—and a ruling will occur once all the facts have been presented.
Step-by-Step Guide to Michigan’s Expungement Process
If you're not eligible for automatic expungement, the petition-based expungement process includes the following steps:
- Determine Eligibility:
Confirm how many convictions you have and whether your offenses qualify for expungement. You can check your criminal history through Michigan’s ICHAT system (Internet Criminal History Access Tool). - Obtain a Certified Record:
You'll need to request a certified copy of your conviction record from the court where you were sentenced. This is required for your application. - Get Fingerprinted:
You must have your fingerprints taken on a Michigan Applicant Fingerprint Card (RI-8) by a law enforcement agency. The card must be submitted with your application. - Complete and Notarize the Application:
Fill out the Application to Set Aside Conviction (MC 227). This form must be notarized and signed before being submitted. - Submit the Application Packet:
Send your completed application, fingerprint card, and required documents to:
Michigan State Police (MSP)
The Michigan Attorney General's Office
The Prosecutor’s Office in the jurisdiction where you were convicted
The court where your expungement hearing will take place - Wait for Reviews and Responses:
Each agency has up to 3 months to review your submission. You’ll then be notified of your expungement hearing date. - Attend the Court Hearing
At the hearing, you or your attorney will explain why you deserve expungement and demonstrate that you've made positive life changes. A judge will assess your case and make a decision.
How Long Does the Process Take?
From start to finish, the petition-based expungement process in Michigan typically takes 8 to 12 months. Delays can occur based on backlogs at the Attorney General’s Office or local courts.
The Attorneys Who Can Help You Move On
The process of expungement can be daunting and tedious, but worth all the trouble. Because there are specific rules and regulations that apply to each type of conviction (waiting periods, numbers of convictions you can expunge, etc.) it’s crucial for you to employ an attorney that has your best interest at heart. With the professionals at the Law Offices of Raymond Cassar, we take the time to build the best case and protect your rights.
Michigan’s Top Criminal Defense Attorneys
Time is essential when facing any criminal charge and the law attorneys at the Law Offices of Raymond Cassar are here to help you with that time. We have highly reputable and experienced criminal attorneys working in our office, serving the Farmington Hills and Metro Detroit area. We’ll fight for you just as we would our own family. To take action today and rid yourself of previous mistakes, contact our professionals.
Frequently Asked Questions About Michigan Expungement
Can I expunge more than one conviction?
Yes. Under Michigan’s Clean Slate Act, you may expunge:
- Up to three felony convictions
- Unlimited misdemeanors, provided they meet eligibility requirements
However, some offenses — such as those involving violence, certain traffic crimes, or repeat OWI convictions — may be excluded.
Will my record be completely erased?
No. When your record is expunged, it is sealed from public access, meaning it won’t appear on most background checks for employment, housing, or education. However, it remains visible to law enforcement, courts, and licensing agencies.
How do I get a felony expunged in Michigan?
To expunge a felony in Michigan, you must:
- Wait at least 10 years after your sentence is completed and remain conviction-free.
- Ensure the felony qualifies under current Michigan law (non-violent, not punishable by life, etc.).
- Complete the Application to Set Aside Conviction (MC 227), get fingerprinted, and submit all documentation to the Michigan State Police, Attorney General, and the court.
- Attend a court hearing where you or your attorney will present your case.
Legal assistance is highly recommended to navigate this complex process.
How do I expunge a misdemeanor in Michigan?
Misdemeanor expungement is generally simpler. You may be eligible if:
- Seven years have passed since your last conviction or release.
- The offense is not excluded by law (e.g., certain assaultive crimes or serious traffic offenses).
- You complete the same petition-based process: obtaining court records, fingerprinting, completing the MC 227 form, and attending a hearing.
Some low-level misdemeanors are also eligible for automatic expungement, so it’s best to check your eligibility through an attorney or the ICHAT system.
Do I need a lawyer for expungement?
It’s not required, but hiring a qualified expungement attorney can: improve your chances of approval, ensure you meet eligibility criteria, help you gather the correct documents, represent you in court if needed.
Given the complexity and potential for rejection, legal guidance is highly recommended.