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Marijuana Misdemeanor Crimes

Marijuana Misdemeanor Crimes: April 11, 2021 And Forward

A person convicted of 1 or more misdemeanor or local ordinance marijuana crimes may petition the convicting court to set aside the convictions if they were based on activity that would not have been a crime after December 6, 2018, when a 2018 voter-passed initiative to legalize recreational use of marijuana in Michigan went into effect.

MCL 780.621e

Directions For Filing An Application To Expunge A Misdemeanor Marijuana Conviction:

Checklist For Misdemeanor Marijuana Adult Offenses

Checklists For Misdemeanor Marijuana Offenses and Misdemeanor/Felony Adult Offenses

Filing requirements: MCL 780.621e(2) provides an application to expunge a misdemeanor marijuana conviction must contain all of the following information:

  • The full name and current address of the applicant; and
  • A certified record of each conviction that the applicant is seeking to expunge.

The application must be filed either by mail or in person in the court where the conviction occurred.

Service requirements: MCL 780.621e(3) says that a copy of the application must be mailed to the agency that prosecuted the conviction(s) sought to be expunged.

The prosecutor may or may not respond to the application and the court may or may not set a hearing on the application. You should be prepared to appear in court if deemed necessary by the convicting court.

The hearing will require the prosecuting agency, not you, to make any required points about the misdemeanor marijuana conviction(s).

If there is no response filed by the prosecuting agency within 60 days, the convicting court must within 21 days enter an order setting aside the conviction(s) and serve a copy of the order upon the applicant, the arresting agency, the prosecuting agency, and the Michigan State Police.

Frequently Asked Questions