How to Clear Your Criminal Record in Michigan

What You Need to Know First

Michigan launched automatic expungement in April 2023. If your conviction is eligible, the Michigan State Police automatically removes it from the public criminal database — no application, no fee, no court appearance. Your record may already be cleared without you doing anything.

Michigan uses the term "set aside" instead of expungement — they mean the same thing. When a conviction is set aside, it is removed from public view. Most employers, landlords, and the general public can no longer see it. Law enforcement, courts, and certain state agencies retain a nonpublic record.

Automatic Set-Aside

NO ACTION NEEDED

Michigan State Police automatically clears eligible convictions after the waiting period — no application, no fee, no court. Covers up to 2 felonies and 4 misdemeanors (93+ days). Your record may already be cleared. Check your ICHAT report to verify.

Application Set-Aside

PETITION REQUIRED

For convictions not eligible for automatic set-aside — including first-offense OWI, marijuana convictions, and certain other offenses. File Form MC 227 with the convicting court. Filing fees of approximately $75 apply. Process takes up to 8 months.

What Can — and Can't — Be Set Aside

ELIGIBLE FOR SET-ASIDE

Most nonviolent felony convictions — after 10 years
Most misdemeanor convictions (93+ days) — after 7 years
Minor misdemeanors (92 days or less) — after 7 years
Up to 2 felonies and 4 misdemeanors — automatic set-aside
First-offense OWI — by petition only, after 5 years
Marijuana misdemeanors — by petition if offense no longer a crime
Human trafficking victims — all related offenses at any time

NOT ELIGIBLE FOR SET-ASIDE

Assaultive crimes
Serious misdemeanors
Crimes of dishonesty
Offenses punishable by 10+ years imprisonment
Crimes involving minors, vulnerable adults, injury, or death
Human trafficking offenses (except victims)
Traffic offenses causing injury or death
OWI with injury or commercial vehicle involvement
Pending criminal charges
Unpaid restitution orders

Michigan's automatic set-aside covers up to 2 felonies and 4 misdemeanors total. If you have more convictions than that, some may still be set aside automatically while others require a petition. Check your full ICHAT record to understand which convictions have been cleared.

Waiting Periods

Waiting periods begin from the later of: the date sentence was imposed, or the date you were discharged from imprisonment. All restitution must be paid and no criminal charges can be pending.

Misdemeanor (92 days or less) — automatic

7 years

Misdemeanor (93+ days) — automatic

7 years

Misdemeanor (93+ days) — petition

3 years

First-offense OWI — petition only

5 years

Felony conviction — automatic

10 years

Single felony conviction — petition

5 years

Step 1 — Check If Your Record Was Already Cleared

Before doing anything else — check your Michigan criminal history using the ICHAT tool from the Michigan State Police at ichat.state.mi.us. A search costs $10. If your eligible convictions have already been automatically set aside they won't appear. If they still show up, you may need to file a petition or contact MSP.

How to File an Application — Step by Step

If your record hasn't been automatically cleared — or you're applying for a conviction not covered by automatic set-aside — here's the petition process:

1

Confirm Your Eligibility

Use Michigan Legal Help's free online interview at michiganlegalhelp.org to determine whether your conviction is eligible and which form to use. Michigan's eligibility rules are complex — the interview walks you through them step by step.

2

Get Certified Copies of Your Conviction Records

You must attach a certified copy of each conviction you want set aside. Get these from the clerk of the court where you were convicted. Fees of $15–$25 per document typically apply.

3

Get Fingerprinted

You must submit fingerprint cards with your application. Get fingerprinted at your local police department or sheriff's office. The fee is typically $10–$25. Fingerprints are used to run a criminal history check with MSP.

4

Complete Form MC 227

Download Form MC 227 (Application to Set Aside Conviction) from the Michigan Courts website at courts.michigan.gov. Use a separate application for each conviction you want set aside. For marijuana convictions use Form MC 227a. For human trafficking victims use Form MC 227b.

5

File with the Convicting Court and Serve Copies

File your application with the court where you were convicted. You must also send copies to the Michigan State Police, the prosecuting agency, and the Department of the Attorney General. Pay the filing fee — approximately $50 state fee plus $10–$25 for fingerprints.

6

Attend a Hearing

The court will schedule a hearing. The prosecutor has the opportunity to object. The judge considers whether you have benefited from rehabilitative or educational programs and whether setting aside the conviction is in the public interest. The entire process typically takes up to 8 months.

7

After the Set-Aside Is Granted

The conviction is removed from public view. MSP updates the criminal database and notifies relevant agencies. The conviction is not destroyed — law enforcement, courts, and certain agencies retain a nonpublic record. Private background check companies must update their records but may take time to do so.

Marijuana Convictions — Special Rule

If you have a misdemeanor marijuana conviction for activity that would no longer be a crime after Michigan legalized recreational marijuana in December 2018, you can petition to have that conviction set aside using Form MC 227a. This applies even if you don't meet the standard waiting period requirements for other convictions.

Official Forms

Form MC 227 — Application to Set Aside Conviction

The standard application form for setting aside a Michigan conviction — used for most felonies and misdemeanors

Get form at courts.michigan.gov →

Form MC 227a — Marijuana Conviction Set-Aside

Special form for setting aside misdemeanor marijuana convictions for activity no longer illegal after 2018 legalization

Get form at courts.michigan.gov →

Michigan Legal Help — Expungement Interview

Free online interview that helps you determine eligibility and prepare your application forms step by step

Start at michiganlegalhelp.org →

ICHAT — Check Your Michigan Criminal Record

Run a background check on yourself to see what's on your Michigan State Police record — $10 fee

Check at ichat.state.mi.us →

Helpful Resources

FREE LEGAL HELP

Michigan Legal Help

Free eligibility tool, step-by-step guides, and form preparation for Michigan expungement — statewide

michiganlegalhelp.org →

FREE LEGAL HELP

Safe & Just Michigan

Clean Slate resources, expungement fairs, and legal help throughout Michigan — including Detroit Project Clean Slate

safeandjustmi.org →

HOUSING, FOOD & BENEFITS

findhelp.org

Search thousands of free and reduced-cost programs for housing, food, work, and more in your area

findhelp.org →

JOB SEARCH HELP

American Job Centers

Free job search assistance, resume help, and training — including resources for people with records

careeronestop.org →

AUTOMATIC EXPUNGEMENT INFO

Michigan State Police — Clean Slate

Official MSP information on Michigan's automatic expungement program and how it works

michigan.gov/msp →

COURT LOCATIONS

Michigan Courts

Find your county circuit court or district court to file your set-aside application

courts.michigan.gov →

Frequently Asked Questions

Was my record automatically cleared? How do I check? +

Michigan's automatic expungement program launched in April 2023. If your conviction meets the eligibility requirements and the waiting period has passed, MSP may have already removed it from the public database. Check your record using the ICHAT tool at ichat.state.mi.us for $10. If your eligible conviction still appears, contact Safe & Just Michigan or Michigan Legal Help for assistance.

What is the difference between "set aside" and "expungement" in Michigan? +

They mean the same thing in Michigan. "Set aside" is the official legal term used in Michigan statutes. When a conviction is set aside, it is removed from public criminal databases — most employers, landlords, and the general public can no longer see it. However, law enforcement, courts, prosecutors, and certain state agencies retain a nonpublic record of the conviction.

Can an OWI be expunged in Michigan? +

Yes — but only a first-offense OWI, and only by petition, not automatic set-aside. You must wait 5 years after discharge from probation and the OWI must be your last conviction on record. If anyone was injured in the offense, or if you were driving a commercial vehicle, the OWI cannot be set aside. Only one OWI can ever be set aside in Michigan.

Can I legally deny the conviction after it's set aside? +

Yes — after a set-aside, the conviction is not a public record and you can legally deny it on most job applications and in most other situations. Exceptions include applications for law enforcement positions, certain professional licenses, and situations involving subsequent criminal proceedings where courts may consider the nonpublic record.

How long does the petition process take? +

The application set-aside process in Michigan typically takes up to 8 months from filing to completion. This includes the time for MSP to conduct criminal history checks, the prosecuting agency to review the application, and the court to schedule and hold a hearing. Automatic set-asides happen without any action from you once your waiting period expires.

Do I need an attorney? +

Not required, but recommended for felony cases or complex histories. Michigan Legal Help's free online interview at michiganlegalhelp.org walks you through eligibility and form preparation. Safe & Just Michigan also hosts free expungement fairs across the state where attorneys and paralegals help people file applications at no cost. For straightforward misdemeanor cases the process is manageable without an attorney.

After Your Record Is Set Aside

After a set-aside in Michigan, your conviction is removed from the public criminal database. Most employers and landlords will not see it. You can legally deny the conviction on most job and housing applications.

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Employment

Set-aside convictions do not appear on most background checks. You can legally deny the conviction on most private job applications. Michigan law prohibits public employers from asking about set-aside convictions. Law enforcement employers, certain professional licensing boards, and positions regulated by federal law may still have access to the nonpublic record.

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Gun Rights

Setting aside a misdemeanor conviction generally leaves gun rights intact. Setting aside a felony conviction under Michigan law does not automatically restore federal firearms rights — federal law still applies. If you have a felony conviction and wish to possess a firearm, consult a licensed Michigan attorney before purchasing or possessing a firearm.

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Professional Licensing

Many Michigan licensing boards cannot use set-aside convictions against applicants. However certain regulated professions — healthcare, law, education, childcare — may still have access to the nonpublic record. Contact the specific licensing board before applying to understand their disclosure requirements.

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Background Check Databases

Private background check companies must update their records after a set-aside but may take time to do so. If a set-aside conviction still appears on a private background check, notify the company in writing and request removal. Keep a copy of your set-aside order to dispute any inaccurate records.

For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.