You may not need an attorney. Many applicants over the years have filed applications to expunge convictions on their own without the help of an attorney.
You may want to hire an attorney or seek legal help. If so, please refer to the “Resources” section on the Expungement Assistance webpage.
If your conviction is not eligible for automatic expungement you can apply for a set aside to the court that handled your case. Please refer to the "How to Apply for an Expungement" section on the Expungement Assistance webpage for step-by-step instructions.
How Many Convictions You Can Apply to Remove
Waiting Periods
You must wait:
If you get a new conviction during your waiting period, you are not eligible until the new waiting period ends.
Yes. Please refer to the Expungement Assistance home page.
The entire process can take up to eight months.
The Department of Attorney General's response will be processed up to three months after the Criminal History Report has been completed. Please keep this timeline in mind when applying to set aside a conviction. Also keep it in mind when seeking a date from the court for a hearing.
Mail the following to Michigan State Police by first-class mail:
Michigan State Police
Criminal Justice Information Center - Criminal History
P.O. Box 30266
Lansing, Michigan 48909
Mail a copy of the application packet to the Attorney General of the State of Michigan by first-class mail to:
Michigan Department of Attorney General
Assistance with Convictions and Expungements Division
P.O. Box 30217
Lansing, MI 48909
Mail a copy of the application packet to the correct prosecutor where the conviction occurred (county, city, or township). It should be sent by first-class mail.
There is a $50 processing fee due to the Michigan State Police.
Please allow up to three months to receive a response from the Attorney General. You will get a response after the Attorney General reviews the Michigan State Police Criminal History Report. You will receive the Michigan State Police Criminal History Report before you receive a response from the Attorney General.
Court dates are set by your convicting court.
Please reach out to the Michigan State Police (MSP). You can reach them by email or by phone. MSP’s phone number is 517-241-0606.
Please reach out to the Michigan State Police (MSP). You can reach them by email or by phone. MSP’s phone number is 517-241-0606.
Yes. A new application to expunge a misdemeanor marijuana conviction must be filed. It must be filed in the convicting court. Then it must be mailed to the county prosecutor or city attorney who prosecuted the case.
The number of minor marijuana convictions a person can have is unlimited. He/she could still have those convictions set aside. They must be based on conduct that would not be considered a crime after December 6, 2018.
No. All applications to expunge convictions must be filed in the court where the conviction occurred.
Applicants must file their expungement application in the court where they were convicted. They should also send a copy of the application to the prosecuting agency. That could be a county or local city. It could also be a village prosecutor.
Applicants don’t need to send a copy of the application to the Michigan Department of Attorney General under the new law. Nor do they need to send it to the Michigan State Police.
No. Applicants don’t need to send a copy of the application to the Michigan Department of Attorney General under the new law. Nor do they need to send it to the Michigan State Police.
Fingerprints and background checks are not required under the new law.
No. If you have other convictions, they will not affect the expungement of your minor marijuana conviction(s) under the new law.
Yes. A new application to expunge must be filed in the court where you were convicted. The new application should be mailed to the county prosecutor or city attorney that prosecuted the case.
No, there is no waiting period. You just need to file the expungement application after April 11, 2021.
There is a "rebuttable presumption" under the new law. This means the misdemeanor marijuana conviction a person wants to expunge was based on activity that wouldn’t be a crime after the use of recreational marijuana became legal in Michigan. It became legal December 6, 2018. MCL 780.621e(4).
The law requires the prosecuting agency to prove otherwise. You are not require to prove this. MCL 780.621e(6).
No. MCL 780.621e does not require the applicant to prove his/her actions since the date of the conviction(s) justify the set aside. Nor is it required that the expungement be consistent with the public welfare.
The prosecuting agency has 60 days to file a written answer challenging the presumption. The convicting court must enter an order, within 21 days, expunging the conviction or convictions. It also has to serve the order on the including the Michigan State Police and other parties. This should happen if the prosecutor doesn’t file a written answer within 60 days.
The convicting court has to schedule a hearing. The hearing cannot be more than 30 days after receipt of the answer. The convicting court also has to notify the applicant about the hearing.
The prosecutor has to prove that the offense would still be a crime if it was committed after December 6, 2018.
The court may find that the conviction(s) you want to expunge are misdemeanor marijuana convictions.
It might make a decision at the conclusion of the hearing and enter an order on the application. Or, under MCL 780.621e(6), it must do so within 14 days of the hearing.
No. MCL 780.621e(6) requires the court to mail the order expunging the conviction(s) to the Michigan State Police and other parties. The applicant is not required to do this.
You may not need an attorney. Many applicants have filed applications to expunge convictions with an attorney.
If you would like to hire an attorney or need legal help, please refer to the “Resources” section on the Expungement Assistance home page.
Yes. MCL 780.621f(1) requires the arresting agency to maintain a non-public record. The same goes for the Michigan State Police. This is also done for other expunged convictions.
Yes. MCL 780.621f(3) says a party "aggrieved by the ruling of the convicting court considering an application … may seek a rehearing… or may file an appeal…”
Applicants can consult an attorney who has experience with state court appeals. Review the legal services section of this site.
No. Please review MCL 780.621f(2). The new law says if a minor marijuana conviction is cleared from your record, you can’t ask for a new sentence in another case. It applies even if the other marijuana conviction was used to decide your sentence. It’s still true if taking away the conviction would have changed your sentencing guidelines.
No. Unfortunately, the applicant is not entitled to the return of any fines, costs, or fees. Money lost because of the conduct leading to the conviction is not returned.
