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Expungement Glossary of Terms

Expungement Glossary of Terms

Commonly Used Words, Phrases and Their Definitions Used on This Site

  • Is the formal title of an applicant's pleading seeking expungement of a criminal offense in the State of Michigan.

  • These are Michigan crimes that include:

    • an element of assault (e.g., murder, attempted murder, assault with a dangerous weapon, assault with intent to commit great bodily harm less than murder);
    • kidnapping;
    • prisoner taking hostage;
    • threats against an employee of the Family Independence Agency;
    • manslaughter;
    • stalking;
    • criminal sexual conduct (rape violations);
    • armed robbery;
    • unarmed robbery;
    • carjacking; or
    • terrorism violations.

    A complete list of assaultive offenses can be found in MCL 770.9a(3).

  • Is a judgment entered by a court upon a plea of guilty, guilty but mentally ill, or nolo contendere, or upon a jury verdict or court finding that a defendant is guilty or guilty but mentally ill. See MCL 780.621a(a).

  • Another word for the act of setting aside a conviction, meaning that a public record of the conviction is no longer available to members of the public including employers and anyone going to the Internet Criminal History Access Tool (ICHAT) maintained by the Michigan State Police.

  • Any state crime punishable by more than one year in the state prison system. A misdemeanor punishable by more than one year is considered a felony for the purposes of setting aside a conviction.

  • Offenses punishable by up to a maximum of life imprisonment include, but are not limited to, the following offenses or attempts to commit these offenses:

    • first-degree arson;
    • arson of insured property with the intent to defraud the insurer;
    • assault with intent to commit murder;
    • torture;
    • assault with intent to rob while armed;
    • attempted murder (by poisoning, drowning, strangling, or any other means not constituting assault with intent to murder);
    • first-degree child abuse;
    • solicitation to commit murder;
    • send or deliver explosives, causing serious impairment/death;
    • placement of explosive, causing serious impairment/death;
    • intentional discharge of firearm from motor vehicle, snowmobile or off-road vehicle, causing death;
    • intentional discharge of firearm at dwelling or occupied structure, causing death;
    • first-degree murder;
    • second-degree murder;
    • delivery of certain schedule 1 or 2 controlled substances, causing death;
    • kidnapping;
    • prisoner taking a hostage;
    • perjury in a capital case;
    • human trafficking involving kidnapping/attempt, first-degree criminal sexual conduct/attempt, or an attempt to kill, or death;
    • first-degree criminal sexual conduct;
    • armed robbery; or
    • carjacking.

    Again, this is not a complete list of all felonies in Michigan for which life imprisonment is possible. Please consult the Michigan Penal Code (PDF) and/or the conviction documents in your case to determine if the felony you are seeking to expunge is a life offense.

  • Any state crime that is not a felony (e.g., not punishable by imprisonment in the state prison system, but rather is punishable by imprisonment in the county jail system or is not punishable by imprisonment, but by a fine or other penalty). A misdemeanor punishable by more than one year of imprisonment is considered a felony for the purposes of setting aside a conviction.

  • A record that is kept by the Michigan State Police and is accessible to courts, police agencies, and prosecutors (including the Attorney General) for the purposes listed in MCL 780.623(2), but which is not available to members of the public including current or potential employers.

  • This refers to the agency that prosecuted the case leading to the conviction at issue. Depending on the circumstance, it could be a county prosecutor’s office, a city/village attorney’s office, or the Attorney General.

  • These are Michigan misdemeanors that include the following crimes:

    • assault and battery;
    • aggravated assault;
    • domestic violence;
    • aggravated domestic violation;
    • illegal entry;
    • fourth-degree child abuse;
    • contributing to the delinquency of a minor;
    • using the internet to make a prohibited communication;
    • intentionally aiming a firearm without malice;
    • discharge of a firearm intentionally aimed at a person;
    • discharge of an intentionally aimed firearm resulting in injury;
    • indecent exposure;
    • stalking;
    • injuring a worker in a work zone;
    • leaving the scene of a personal injury accident;
    • operating while impaired offenses , if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to another individual;
    • selling or furnishing alcoholic liquor to an individual under 21 years of age, if the violation results in physical injury or death to any individual; or
    • A violation of a local ordinance substantially corresponding to any of these violations.

    A complete list of serious misdemeanors can be found in MCL 780.811(1)(a).

  • Any offense that is a violation of the Michigan Vehicle Code or of a local ordinance substantially corresponding to that act, which violation involves the operation of a motor vehicle and at the time of the violation is a felony or misdemeanor. See MCL 780.621a(b).