Expungement in Michigan: How to clear your criminal record
DETROIT (FOX 2) - If you have crimes on your record and you have completed your punishment, you may be eligible to have them expunged in Michigan.
Expungement means that the crime does not appear publicly, and you do not need to disclose it. This means that if you apply for a job, home rental, or assistance, the crime will not show up on a background check. It can still be viewed by law enforcement and other officials.
Which crimes can be expunged?
Most state offenses can be expunged after a set amount of time. This includes up to three felonies, two convictions for assaultive crimes, one drinking and driving offense, and unlimited misdemeanors.
Which crimes cannot be expunged?
- More than one felony conviction for the same offense if the crime has a punishment of more than 10 years in prison
- Felonies or attempts with a maximum sentence of life in prison
- Sex crimes: Child sexually abusive material or activity offenses Using a computer to commit sex crimes offenses Assault with intent to commit criminal sexual conduct Using a computer to commit sex crimes Second-degree criminal sexual conduct Third-degree criminal sexual conduct Fourth-degree criminal sexual conduct committed after Jan.12, 2015
- Child sexually abusive material or activity offenses
- Using a computer to commit sex crimes offenses
- Assault with intent to commit criminal sexual conduct
- Using a computer to commit sex crimes
- Second-degree criminal sexual conduct
- Third-degree criminal sexual conduct
- Fourth-degree criminal sexual conduct committed after Jan.12, 2015
- Second-degree child abuse
- Human-trafficking
- Felony domestic violence if the person has a previous domestic violence misdemeanor
- Some traffic offenses: Operating while intoxicated that caused injury or death Operating while intoxicated if a person has more than one operating while intoxicated offense Traffic offenses that caused injury or death Commercial Driver License violations
- Operating while intoxicated that caused injury or death
- Operating while intoxicated if a person has more than one operating while intoxicated offense
- Traffic offenses that caused injury or death
- Commercial Driver License violations
- More than two assaultive crime convictions
What is the expungement waiting period?
Misdemeanor marijuana convictions involving behavior that is now legal, such as possessing marijuana, do not have a waiting period to apply for expungement.
Other crimes have set times that must pass before a person is eligible for expungement:
- Felony – 7 years from the latest of the following events: date of the sentencing, completion of a term of probation, discharge from parole, or completion of any term of imprisonment.
- Non-serious misdemeanor – 3 years from the latest of the following events: date of the sentencing, completion of a term of probation, discharge from parole, or completion of any term of imprisonment.
- Serious misdemeanor/assaultive crime – 5 years from the latest of the following events: date of the sentencing, completion of a term of probation, discharge from parole, or completion of any term of imprisonment.
- First-time operating while intoxicated – 5 years from the latest of the following events: date of the sentencing, completion of a term of probation, discharge from parole, or completion of any term of imprisonment.
How to request expungement
Fill out an application and obtain a certified order of conviction from the court where you were convicted. You also need to get fingerprinted and purchase a $50 money order for Michigan State Police.
The application and conviction orders need to be filed with the court where you were convicted, as well as sent to the Michigan Attorney General's Office and the office of the prosecutor where you were convicted. The application, conviction order, fingerprints, and money order need to go to MSP.