If you are trying to clear an old conviction in Michigan, the first question is whether it has already been set aside automatically or whether you need to apply to the court. Ben Hall Law can review your record, explain which Clean Slate rules apply, and help you pursue an application when one is required. Call 517-798-5801 for a free consultation.
What Is Expungement in Michigan?
In Michigan, “expungement” and “set aside” are commonly used to describe the process of removing an eligible conviction from public view. Most employers, landlords, and ordinary background checks will no longer see a conviction that has been set aside, although law enforcement and certain agencies can still access nonpublic records. Michigan now uses both an automatic Clean Slate process and a court-application process, depending on the conviction.
Who Is Eligible for Expungement Under Michigan’s Clean Slate Laws?
Michigan’s Clean Slate reforms significantly expanded eligibility beginning in 2021 and created an automatic set-aside process that began in 2023. Eligibility now depends on the type of conviction, the number of convictions, the applicable waiting period, and whether the conviction is excluded by statute. Under the application process, Michigan generally allows:
- Up to three felony convictions to be set aside during a person’s lifetime, subject to additional limits for certain serious and assaultive offenses
- An unlimited number of eligible misdemeanor convictions to be set aside by application
Some convictions remain excluded or are subject to special limits. Examples include:
- Certain offenses punishable by life imprisonment and other specifically excluded serious offenses
- Certain traffic offenses, although some traffic convictions are now eligible to be set aside and may still remain on the driving record
- Certain criminal sexual conduct offenses and other convictions that Michigan law expressly excludes
Important timing and eligibility rules include:
- The application waiting period can be three, five, or seven years depending on the conviction history. For automatic set aside, eligible misdemeanors generally require seven years and eligible felonies generally require ten years.
- A first-time OWI conviction may be eligible for a court application after the statutory waiting period if the case did not involve injury or death. Automatic set aside rules are different and exclude OWI convictions.
Automatic Set Aside vs. Applying for Expungement
You may not need to file anything if an eligible conviction has already been removed through Michigan’s automatic Clean Slate process. If the conviction is not eligible for automatic set aside but may still qualify by application, the application is filed in the court where the conviction occurred. The process generally involves:
- Confirming the exact conviction history and whether any convictions have already been set aside automatically
- Preparing the required court application and supporting criminal-history information
- Providing the required copies and notices to the appropriate agencies and prosecutor
For an application-based set aside, the court may hold a hearing and consider the statutory factors, the applicant’s record since the conviction, and any objections or information submitted by the prosecutor or other authorized parties. The exact procedure depends on the conviction and the court. If a conviction qualifies for automatic set aside, no application or court hearing is required.
Why Choose Ben Hall Law?
Many people can pursue a Michigan set-aside application without an attorney. Legal help can still be valuable when the record is complicated, when multiple convictions are involved, when eligibility is unclear, or when a prosecutor objects. Ben Hall Law can:
- Review your criminal record and identify which convictions may already qualify automatically and which require an application
- Prepare the application and supporting materials for eligible convictions
- Represent you at the hearing and address legal or factual issues that may affect eligibility
Our goal is to make sure the right legal process is being used, the eligibility analysis is accurate, and the court has a complete record when an application is required.
Contact Ben Hall Law Today
If you want to know whether an old Michigan conviction can be cleared, contact Ben Hall Law at 517-798-5801. We can review your record, determine whether automatic Clean Slate treatment applies, and explain the court-application process when it does not.
Consultations are free and confidential.
