Expungement
Have a Felony or Multiple Misdemeanors on Your Criminal Record?
The consequences of a criminal conviction can last far longer than just your sentence. Don’t let a mistake from the past hold you back from future opportunities! Expunging a criminal record provides several personal, professional, and social benefits.
Expunging a Felony Charge Can:
- Restore gun rights and get a CPL
- Restore voting rights
- No longer have to “check the box” for a criminal conviction on job applications
- Provide Peace of Mind and Confidence
- Improve housing opportunities
- Access to education and professional licenses
- Eligibility for Government Assistance
Juvenile and adult expungements are treated differently. The process can take 90-120 days, so act now before you NEED it off your record.
What is Expungement?
Expungement is the process of sealing or destroying a criminal conviction record from state or federal records. A judge must order an expungement, which instructs the court to treat the conviction as if it never happened. Expungement is different from a pardon, which is a legal pardon that doesn’t remove a conviction from a criminal record.
In Michigan, some offenses that cannot be expunged include:
- Offenses punishable by life imprisonment
- Assault with intent to commit criminal sexual conduct
- Child sexually abusive material or activity offenses
- Felony domestic violence if the person has a previous misdemeanor conviction for domestic violence
FAQs
Who is eligible for expungement in Michigan?
Eligibility depends on the number and type of offenses. For example, individuals may expunge up to three felonies and unlimited misdemeanors, but some crimes, like serious felonies and certain assaultive offenses, are not eligible. Waiting periods and other criteria also apply.
How long do I have to wait to apply for expungement?
Waiting periods depend on the offense:
- 3 years for most misdemeanors.
- 5 years for serious misdemeanors or one felony.
- 7 years for multiple felonies.
- The waiting period begins after sentencing, probation, parole, or imprisonment is completed—whichever comes last.
Can marijuana-related offenses be expunged?
Yes, misdemeanor marijuana offenses that are now legal under Michigan law can be expunged. This includes offenses such as possession or use of marijuana.
How do I apply for expungement in Michigan?
The process involves filing an application with the court where you were convicted, obtaining certified copies of your record, and attending a hearing. You may also need to serve the prosecutor and Michigan State Police with your application.
Do I need a lawyer to get my record expunged?
While you can apply on your own, hiring a lawyer can increase your chances of success. An attorney can ensure that your application is complete, prepare for the hearing, and advocate on your behalf.
Will expungement erase my record completely?
Expunged records are sealed from public view but may still be accessible to law enforcement and certain government agencies.
What are the benefits of expungement?
Expungement can improve employment, housing, and education opportunities, restore civil rights, and provide a fresh start by reducing the stigma of a criminal record.
Can I expunge multiple offenses at once?
Yes, if you meet the eligibility requirements, you can file to expunge multiple offenses simultaneously.
What happens at the expungement hearing?
At the hearing, a judge will review your application, consider any objections from the prosecutor, and decide whether granting expungement serves the public interest. Your attorney can argue on your behalf to improve your chances of success.
What is the Clean Slate Law in Michigan?
Michigan’s Clean Slate Law, enacted in 2020, expands eligibility for expungement and introduces automatic expungement for certain offenses after a set period, starting in 2023.
