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Find out if you're eligible for automatic set aside

  1. Do you have an active or pending criminal case?
  2. Yes: You are not eligible for automatic set aside at this time but may be in the future once your criminal case is closed and the applicable time frame has passed.
    No: Go to next question.

  3. Is the conviction(s) one of the following:
    • An assaultive crime.
    • A serious misdemeanor.
    • A crime of dishonesty.
    • Any other offense, not otherwise listed under this subsection, that is punishable by 10 or more years' imprisonment.
    • A violation of the laws of this state listed under chapter XVII of the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69, the elements of which involve a minor, vulnerable adult, injury or serious impairment, or death.
    • Any violation related to human trafficking.
    • Any of the following traffic offenses:
      • A conviction for operating while intoxicated committed by any person.
      • Any traffic offense committed by an individual with an indorsement on his or her operator’s or chauffer’s license to operate a commercial motor vehicle that was committed while the individual was operating the commercial motor vehicle or was in another manner a commercial motor vehicle violation.
      • Any traffic offense that causes injury or death.

      Yes: Your conviction(s) is not eligible to be automatically set aside.
      No: Go to next question.
      Unsure:  Visit our Clean Slate MCL Search for more information regarding your specific conviction.

  4. Has the following time passed on the conviction(s)?
    • 7 years for less than 92-day misdemeanor.
    • 7 years for 93-day or more misdemeanor.
    • 10 years for felony.

    No: Your conviction(s) is not eligible to be automatically set aside.
    Yes: Your conviction(s) may be eligible.


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