Expungement of Criminal Offenses in Michigan

Expungement of Criminal Offenses in Michigan

  • The laws regarding expungement of criminal offenses in Michigan are changing in major ways beginning in April of 2021 and beyond-- changes that Attorney General Dana Nessel has supported. 

    This site is designed to help applicants navigate their way through the new laws, help them determine if they are eligible to have convictions expunged, to answer frequently asked questions about the new laws, and to provide links for resources and assistance. This site will be updated regularly as new parts of the laws go into effect. 

    You may not need an attorney to represent you to expunge criminal offenses. Many applicants filed applications on their own without the help of an attorney. If you would like to hire an attorney or need legal help, please refer to the "Legal Services" section of this website.

Definition

What is an expungement?

  • Michigan law has long provided that those convicted of most state criminal offenses (e.g. other than offenses like murder, first-degree criminal sexual conduct or traffic offenses like drunk driving)  can, under certain circumstances and, if certain preconditions are met, have those convictions expunged or “set aside” so that only a non-public record—available to law enforcement—remained in the public domain where employers and others could find them. 

    Big changes are coming to these laws, however in 2021 and beyond to expand the types and numbers of offenses that can be expunged and, eventually, to provide for the “automatic” expungement of certain convictions without the need for anyone to affirmatively petition or apply to the convicting court for such an action.

What is the law in the State of Michigan on expungements?

  • The new expungement laws are being phased in over time. 

    Applications to expunge "misdemeanor marijuana convictions" can be filed beginning April 11, 2021. 

    The changes to the numbers/types of convictions that can be set aside are going into effect on April 11, 2021. 

    Applications to set aside first-time operating while impaired offenses can be filed beginning February 19, 2022.

    The "automatic" expungement law is going into effect likely no earlier than 2023.

Contact

  • AG Seal

  • Contact Criminal Trials and Appeals Division

    Michigan Department of Attorney General
    525 W. Ottawa St.
    PO Box 30217
    Lansing, MI 48909
    517-335-7650
    Email: AG-expungements@michigan.gov