Intro

From April 11, 2021 and forward

  • A person convicted of 1 or more criminal offenses including felonies and misdemeanors, but not more than a total of 3 felony offenses, may file an application with the convicting court to expunge all of his or her convictions, with the following exceptions:

    • A person cannot seek to expunge more than 2 "assaultive crime" convictions during his or her lifetime, or
    • A person cannot seek to expunge more than 1 felony conviction for the same offense if it is punishable by more than 10 years' incarceration.

    Pursuant to MCL 780.621b(1), "more than 1 felony offense or more than 1 misdemeanor offense must be treated as a single felony or misdemeanor conviction if the felony or misdemeanor convictions were contemporaneous such that all of the felony or misdemeanor offenses occurred within 24 hours and arose from the same transaction, provided that none of those felony or misdemeanor offenses constitute any of the following:

    • An assaultive crime defined by reference to other statutes.
    • A crime involving the use of a dangerous weapon 
    • A crime with a maximum penalty of 10 or more years' imprisonment
    • An out-of-state conviction for which the underlying conduct would be an assaultive crime in Michigan

    While some traffic offenses can be expunged, an order expunging a conviction for a traffic offense cannot require that the Michigan Secretary of State remove or expunge the conviction from the person's driving record.

    MCL 780.621g

    CHECKLIST FOR NON-MISDEMEANOR MARIJUANA ADULT OFFENSES

Waiting Time

  • MCL 780.621(d)
  • The waiting time for filing an application to expunge a felony conviction is at least 7 years from the latest of the following events: date of the sentencing, completion of a term of probation, discharge from parole, or completion of any term of imprisonment.

  • The waiting time for filing an application to expunge a misdemeanor conviction will be at least 3 years from the latest of the following events: date of the sentencing, completion of a term of probation, discharge from parole, or completion of any term of imprisonment. 

    However, if the conviction is for a serious misdemeanor or an assaultive crime, the waiting time for filing an application to expunge the misdemeanor conviction will be at least 5 years from the latest of the events noted above.

  • If you obtain another conviction during the waiting time under the new law, you will be disqualified from expunging the prior conviction

Excluded

Excluded Offenses:

  • All offenses punishable by life imprisonment
  • Assault with intent to commit criminal sexual conduct
  • Child sexually abusive material or activity offenses
  • Felony domestic violence if the person has a previous misdemeanor conviction for domestic violence
  • Fourth-degree criminal sexual conduct (committed after January 12, 2015)
  • Human-trafficking-related offenses
  • Second-degree child abuse
  • Second-degree criminal sexual conduct
  • Some traffic offenses such as: convictions for driving while intoxicated, traffic offenses that cause injury or death, and Commercial Driver License violations
  • Terrorism-related offenses - includes convictions for attempts to commit any of these offenses
  • Third-degree criminal sexual conduct
  • Using a computer to commit sex crimes offenses