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Want to clear your Michigan record? Below are straight answers to the questions we hear most about expungement, also called setting aside a conviction, and the Clean Slate law. This is general information, not legal advice, and every record is different. To find out what you may qualify for, call Somberg Law at (248) 270-5979 for a free consultation.
Written and reviewed by Nicholas Somberg, founding attorney at Somberg Law, PLLC in Bingham Farms, Michigan. Licensed by the State Bar of Michigan. Last updated July 31, 2026.
What does it mean to expunge or set aside a conviction in Michigan?
In Michigan, expungement is called setting aside a conviction. When a conviction is set aside, it is removed from your public record, so it generally does not appear on background checks for employment, housing, or licensing. Law enforcement and the courts keep a nonpublic record. The process is governed by Michigan’s set-aside law, often called the Clean Slate law.
What is Michigan’s Clean Slate law?
Clean Slate is a package of Michigan laws that expanded who can clear their record. It increased the number of convictions that can be set aside, shortened some waiting periods, and created automatic expungement for certain offenses. The changes took effect in stages: the application-based expansions took effect April 11, 2021, and automatic expungement began April 11, 2023.
Which convictions can be set aside in Michigan?
Many misdemeanors and some felonies can be set aside, but there are exceptions. Convictions that generally cannot be set aside by application include offenses punishable by life in prison, certain child abuse and sex offenses, most operating-while-intoxicated offenses other than an eligible first violation, and traffic offenses that involve a commercial vehicle or that caused injury or death. Assaultive crimes are not all excluded, but the number you can clear is capped and they cannot be set aside automatically. Whether a specific conviction qualifies depends on the offense, your record, and current law, so it is worth having a lawyer review your record.
How many convictions can I have set aside?
Under the Clean Slate expansion, you may be able to set aside more than one conviction, subject to limits. By application, a person with no more than three felony offenses may ask to set aside their Michigan convictions, but no more than two assaultive-crime convictions can be set aside in a lifetime, and no more than one felony conviction for the same offense can be set aside if that offense is punishable by more than ten years. Because these caps and exceptions are detailed, an attorney can tell you how many of your convictions may qualify.
Not sure if your record qualifies? Somberg Law will review your record for free and tell you what can be set aside. Start a free case review or call (248) 270-5979.
How long do I have to wait before applying?
Waiting periods depend on the offense and generally run from the later of your sentencing, your release from custody, or the completion of probation or parole. By application, the wait is generally three years for an eligible non-serious misdemeanor, five years for one felony, a serious misdemeanor, or one first-violation OWI, and seven years to set aside more than one felony. Because the exact period depends on your record, confirm the timeline with a lawyer before applying.
What is automatic expungement in Michigan?
Starting April 11, 2023, Michigan began automatically setting aside certain convictions once enough time has passed, without an application. In general this can reach up to two felonies after ten years and up to four misdemeanors punishable by more than 92 days after seven years, both of which also require no new convictions during the waiting period, plus an unlimited number of misdemeanors punishable by 92 days or less after seven years. Assaultive and other serious offenses are excluded. If your conviction does not qualify automatically, you may still be able to apply to have it set aside.
Can a DUI or OWI be expunged in Michigan?
A first-offense operating while intoxicated conviction became eligible to be set aside by application under a 2021 law that took effect in February 2022. It is not automatic, requires a five-year waiting period, and is not available for OWI offenses that involved injury or death. Repeat OWI offenses are generally not eligible. An attorney can review whether your OWI qualifies.
Does a set-aside completely erase my record?
Setting aside a conviction removes it from the public record, so most employers and landlords will not see it. A nonpublic record is still kept and can be used by law enforcement, the courts, and for certain purposes such as some licensing decisions or later criminal cases. It is not the same as the offense never happening, but for most everyday background checks the conviction will not appear.
How do I apply for expungement, and how long does it take?
For convictions that are not set aside automatically, you file an application with the court, and in many cases send copies to the Michigan State Police and the prosecutor and attend a hearing. The process commonly takes several months. A lawyer can prepare the application, gather the required records, and represent you at the hearing.
Do I need a lawyer to expunge my record in Michigan?
You are allowed to file on your own, but the eligibility rules, waiting periods, and paperwork are detailed, and a mistake can delay or defeat your petition. Somberg Law helps Michigan clients figure out what they qualify for and handles the set-aside process from start to finish. The consultation is free.
Talk to a Michigan expungement attorney
If you want to clear a conviction anywhere in Oakland County or Metro Detroit, Nicholas Somberg can review your record, confirm what you qualify for, and handle the set-aside process. Call (248) 270-5979, or start a free case review.
Legal sources
This page summarizes Michigan law on setting aside convictions under MCL 780.621 and the related Clean Slate provisions (MCL 780.621 through 780.621g), including the automatic set-aside process, and the 2021 law allowing a first-offense operating-while-intoxicated conviction to be set aside by application. It is general information, not legal advice.
Attorney Advertising. This page is general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case is different, so consult a licensed attorney about your situation.
