Michigan Clean Slate: Automatic Expungement and How to Petition
Michigan auto-expunges misdemeanors after 7 years and felonies after 10 years. Plus marijuana fast track with no waiting period. Full guide.
Michigan has one of the most progressive expungement laws in the country. The state calls it setting aside a conviction, and since the Clean Slate legislation took effect, Michigan offers something most states do not: automatic expungement. That means some old convictions are being cleared from records without the person having to file anything, pay any fee, or even know it is happening. On top of that, Michigan expanded petition-based set asides to allow up to 3 felonies and an unlimited number of misdemeanors, and created a separate fast-track process for marijuana convictions. If you have a Michigan record, the options available to you today are significantly broader than they were before 2021.
This is not legal advice.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
Two paths: automatic and petition-based
Michigan's Clean Slate law created two parallel systems for clearing records. Understanding which one applies to you is the first step.
Automatic set aside applies to eligible misdemeanors after 7 years and eligible felonies after 10 years. No petition, no fee, no court appearance. The Michigan State Police reviews records and applies the set aside automatically. This process has been operational since April 2023. However, not all convictions qualify — assaultive crimes, serious misdemeanors, crimes of dishonesty, offenses punishable by 10+ years, and crimes involving minors, vulnerable adults, or death are excluded from automatic processing.
Petition-based set aside is the traditional path. You file an application with the court, pay a $50 fee, and a judge decides. The petition path has shorter waiting periods (3 years for misdemeanors, 5 years for most felonies) and covers some offenses that the automatic process does not. If you do not want to wait for the automatic timeline, or if your offense is not eligible for automatic processing, the petition path is your route.
What the Clean Slate law actually allows
Michigan's expanded limits are among the most generous in the country:
- Up to 3 felony convictions can be set aside by petition
- Unlimited misdemeanor convictions can be set aside by petition
- Automatic set aside covers up to 2 felonies and 4 misdemeanors (93+ day offenses)
- Marijuana convictions for conduct now legal can be set aside with no waiting period
- Multiple convictions from a single incident can be treated as a single conviction
The “unlimited misdemeanors” provision is genuinely unusual. Most states cap the number of convictions that can be cleared. Michigan's decision to remove the misdemeanor cap reflects a policy choice that old misdemeanor convictions should not follow people indefinitely.
Who qualifies — and who does not
May qualify
- Up to 3 felony convictions (petition-based, 5-year wait)
- Unlimited misdemeanor convictions (petition-based, 3-year wait)
- Convictions from a single incident treated as one conviction
- Marijuana convictions for conduct now legal (no waiting period)
- Non-assaultive misdemeanors (automatic after 7 years)
- Non-assaultive felonies (automatic after 10 years)
- Traffic offenses that are misdemeanors
- Drug possession offenses (most)
Generally does not qualify
- Life felonies (offenses with a maximum sentence of life)
- Assault with intent to commit murder
- Criminal sexual conduct in the 1st, 2nd, or 3rd degree
- Child abuse in the 1st degree
- Offenses involving human trafficking
- Terrorism-related offenses
- For automatic set aside only: assaultive crimes, serious misdemeanors, crimes of dishonesty, offenses punishable by 10+ years, crimes involving minors or vulnerable adults
Michigan's ineligibility list for petition-based set asides is relatively short — mostly life felonies and serious sexual and violent crimes. The automatic set aside process has a longer exclusion list. If your offense is excluded from automatic processing, check whether it qualifies for the petition path.
Marijuana convictions — the fast track
Michigan legalized recreational marijuana in 2018. Under MCL 780.621e, people convicted of marijuana offenses that would not be crimes today can petition to have those convictions set aside immediately — no waiting period.
This covers offenses like possession of marijuana in amounts that are now legal under Michigan's recreational marijuana law. The options guide can help you determine if your marijuana conviction qualifies.
The process works like a standard petition but moves faster. The prosecutor has 60 days to challenge, but if they do not, the court must enter the set aside order within 21 days. There is no hearing required if the prosecutor does not object.
Waiting periods
Michigan's waiting periods depend on whether you are going through the automatic process or filing a petition. The petition path is faster. The waiting period is measured from the date of sentencing or the date you completed your term of imprisonment, whichever is later. Probation completion does not restart the clock — it is the imposition of the sentence or the release from prison that matters.
Waiting Periods
The clock starts on the date shown below — not your arrest date.
Petition-based: Misdemeanor conviction
Clock starts: Date of sentence imposition or completion of imprisonment, whichever is later
For petition-based set aside. Must have no new convictions during the waiting period.
Petition-based: Felony conviction
Clock starts: Date of sentence imposition or completion of imprisonment, whichever is later
For petition-based set aside. Applies to eligible felonies. Some felonies require 7 years.
Automatic: Misdemeanor (93+ days)
Clock starts: Date of sentence imposition or completion of imprisonment, whichever is later
Automatic set aside — no petition or fee required. Handled by the Michigan State Police.
Automatic: Felony conviction
Clock starts: Date of sentence imposition or completion of imprisonment, whichever is later
Automatic set aside — no petition or fee required. Limited to non-assaultive, non-serious offenses.
Marijuana convictions
Clock starts: Any time
Under MCL 780.621e, marijuana convictions for conduct that is now legal can be set aside immediately. No waiting period applies.
Arrests with no conviction
Clock starts: Date of disposition
Non-conviction records can be set aside right away through petition.
The filing process
If you are filing a petition (rather than waiting for automatic processing), here is the step-by-step process. The application is filed in the court where you were convicted. Michigan's $50 fee is among the lowest in the country.
How to file for a set aside in Michigan
- 1
Get your Michigan criminal history
Instant (online ICHAT)$10Request your criminal history from the Michigan State Police (MSP) Internet Criminal History Access Tool (ICHAT) at michigan.gov/msp. This is the official record that shows all Michigan arrests and convictions. You need this to confirm what is on your record and get accurate case numbers.
ICHAT provides results immediately online. It is the fastest way to see what is on your Michigan record. You can also request a more detailed record through fingerprint submission, but ICHAT is sufficient for most expungement purposes.
- 2
Check if automatic expungement applies
30 minutesFree (if you already have your ICHAT report)Before filing a petition, check whether your conviction may have already been automatically set aside. If your misdemeanor is older than 7 years or your felony is older than 10 years (from sentence or imprisonment completion), and the offense qualifies, it may have been automatically cleared. Check your ICHAT record to see the current status.
Safe and Just Michigan at safeandjustmi.org has a free self-assessment tool that tells you whether your conviction may qualify for automatic expungement.
- 3
Pull your court records
1-5 daysVaries ($5-$20 for copies)Get the case records from the court where you were convicted. Michigan district courts and circuit courts maintain their own records. You need the case number, exact charges, conviction date, and sentence details. Many Michigan courts have online case search tools.
- 4
Complete the Application to Set Aside Conviction
1-2 hoursFree (fingerprinting may cost $10-$25)Michigan uses a standard form: MC 227 (Application to Set Aside Conviction). Download it from courts.michigan.gov or get it from the court clerk. The form asks for your personal information, case number, charges, conviction date, and the statutory basis for the set aside. You must also submit fingerprints.
You can include multiple convictions on one application. Michigan allows up to 3 felonies and unlimited misdemeanors to be set aside. Include everything eligible in one application.
- 5
File the application with the convicting court
1 day$50 application feeFile MC 227 with the clerk of the court where you were convicted. Pay the $50 application fee. If you cannot afford the fee, ask for a fee waiver. File a separate application in each court if you have convictions in multiple courts.
Some Michigan courts accept e-filing. Call the clerk ahead of time to ask. Keep a copy of everything you file.
- 6
Prosecutor and MSP notification
60 daysFreeThe court notifies the prosecuting attorney and the Michigan State Police. The prosecutor has 60 days to respond. For marijuana conviction set asides under MCL 780.621e, the prosecutor has 60 days to challenge the presumption that the conviction qualifies. If they do not respond, the court acts on the application.
- 7
Hearing (if required)
15-45 minutesFree (attorney fees vary if you hire one)The court may schedule a hearing, especially if the prosecutor objects. At the hearing, you present your case for why the set aside is appropriate. Michigan law requires the court to consider your behavior since the conviction, the nature of the offense, your circumstances, and the public welfare.
Bring documentation: employment records, letters of support, community involvement, completion of any programs. Showing rehabilitation and stability is important.
- 8
Order entered — MSP updates records
30-60 days for MSP updateFreeIf granted, the court enters an order setting aside the conviction. The order is sent to the Michigan State Police, who update the criminal history database. The conviction is removed from public records. For most purposes, you can legally answer that you have not been convicted of the set-aside offense.
Private background check companies maintain their own databases and are not automatically notified. Run a background check on yourself after 90 days and dispute any records that still show the set-aside conviction.
- Michigan State Police ICHAT report — $10 from michigan.gov/msp
- Court records: case number, charges, conviction date, sentence details
- Completed MC 227 (Application to Set Aside Conviction) from courts.michigan.gov
- Fingerprints (required for the MSP background check)
- Application fee: $50
- Fee waiver application if you cannot afford the $50
- Government-issued photo ID
- Documentation of rehabilitation: employment, letters of support, completed programs
- Two copies of everything — one for the court, one for yourself
Michigan allows you to include multiple convictions on one application. If you have convictions in different courts, you will need to file in each court separately.
What set aside does — and what it does not
- The conviction is removed from public records — standard background checks will not show it.
- You can legally state you have not been convicted of the set-aside offense on most applications.
- Michigan law prohibits most employers from asking about or considering set-aside convictions.
- Federal records are not affected. FBI databases are separate from Michigan State Police records.
- Law enforcement retains access. Police, prosecutors, and courts can see set-aside records.
- Certain licensing boards may access set-aside records — healthcare, education, childcare, and law enforcement professions.
- Private background check companies may lag. Send the court order directly and dispute lingering records.
- Immigration consequences are not eliminated. Federal immigration law operates independently.
- Firearm rights: automatic set aside does NOT restore firearm rights. Only petition-based set aside may restore them for qualifying offenses.
Michigan set aside removes the conviction from the background checks most employers and landlords run. The firearm rights distinction between automatic and petition-based set aside is important — if firearm rights matter to you, the petition path may be necessary even if automatic processing would otherwise apply.
Michigan Attorney General's expungement program
Michigan's Attorney General has an active expungement assistance program. The AG's office provides free legal help to eligible Michiganders seeking to clear their records. This includes help with the application, filing, and court appearances. Visit michigan.gov/ag for more information and to apply for assistance.
Free legal help in Michigan
- Michigan Attorney General Expungement Program — free assistance: michigan.gov/ag
- Michigan Legal Help — free legal information and forms: michiganlegalhelp.org
- Legal Aid of Western Michigan — free legal services: lawestmi.org
- Lakeshore Legal Aid — serves southeast Michigan: lakeshorelegalaid.org
- Legal Services of South Central Michigan — serves Jackson and surrounding counties: lsscm.org
- Safe and Just Michigan — self-assessment tool and resources: safeandjustmi.org
- Michigan State Bar Lawyer Referral Service: michbar.org — initial consultations
- Michigan courts self-help resources: courts.michigan.gov
The Michigan Attorney General's expungement program is a particularly strong resource — they provide free representation for qualifying cases. Safe and Just Michigan's self-assessment tool is the best free way to check whether automatic expungement may apply to your situation.
Start here
Run your ICHAT report first. It costs $10, takes minutes, and tells you exactly what is on your Michigan record. Some of your convictions may have already been automatically set aside — check the current status before filing anything.
Michigan has done more than almost any other state to make record clearing accessible. The automatic process means some people will have their records cleared without lifting a finger. The petition process costs only $50 and covers up to 3 felonies and unlimited misdemeanors. And the marijuana fast track has no waiting period at all. If you have a Michigan record, the law is on your side more than it has ever been.
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