Want to clear a Michigan conviction? Start with whether it can be set aside, how many convictions you have and when the clock started
Most people who ask me about expungement in Grand Rapids, Kentwood, Wyoming or anywhere else in Kent County are trying to get past a conviction that keeps costing them something: a job application, a rental screening, a professional license or a background check. Michigan calls the process setting aside a conviction, and the law starts at MCL 780.621. Some convictions are set aside when you apply to the court that convicted you. Some are set aside automatically. Some cannot be set aside at all. Which one applies to you depends on the offense, the number of convictions on your record and how much time has passed.
The short answer. Under MCL 780.621(1), a person with not more than three felony convictions in Michigan may apply to have the convictions set aside, subject to limits on assaultive crimes and on repeat convictions for the same offense. The wait under MCL 780.621d is 5 years for one felony, a serious misdemeanor or one first-offense OWI, 7 years for more than one felony, and 3 years for most other misdemeanors, counted from the last of sentencing, probation, parole (for felonies and serious misdemeanors) or imprisonment. Some convictions can never be set aside, including life felonies and most OWI convictions. Some older convictions are set aside automatically after 7 years for misdemeanors and 10 years for felonies. You apply to the court that convicted you, a $50 fee goes to the State Police, and the judge decides. A set-aside is a privilege, not a right. Do not file anything until the count and the clock have been checked.
I am Mitchell Bisson, a Grand Rapids criminal defense lawyer. I have litigated for over 15 years. A set-aside application is a court filing with a record behind it, a prosecutor who can object and, in some cases, a victim who is entitled to be heard, so I prepare it with the same care as any contested motion. Big-Firm Power. Street-Level Grit.
This page covers who can apply, the waiting periods, the convictions Michigan will not set aside, the automatic route, how an application works, what a set-aside does and does not do, and how a judge decides. It goes deeper than my Grand Rapids criminal defense lawyer page and my short article Can a felony be expunged in Michigan? The statute has been amended several times since 2021, so the facts of your record matter more than any summary. Nothing here predicts how your application will go, and I do not promise outcomes. I do promise to tell you where you stand.
Who can apply to set aside a Michigan conviction
The basic rule. A person convicted of one or more criminal offenses, but not more than a total of three felony offenses in Michigan, may apply to have all of the applicant’s Michigan convictions set aside. MCL 780.621(1)(a).
Two more limits. An applicant may not have more than two assaultive crime convictions set aside in a lifetime. An applicant also may not have more than one felony conviction for the same offense set aside if that offense is punishable by more than 10 years. MCL 780.621(1)(b), (c). Assaultive crime includes the assault offenses in chapter XI of the penal code, MCL 750.81 to 750.90g, other violent felonies, and the specific offenses the statute lists. MCL 780.621(4)(a).
The one bad night rule. Several felonies, or several misdemeanors, count as a single conviction if all of the offenses occurred within 24 hours and arose from the same transaction. That rule does not apply if any of them is an assaultive crime, a crime involving a dangerous weapon, or a crime with a maximum penalty of 10 or more years. MCL 780.621b(1).
Deferred and dismissed cases still count. A case that was deferred and dismissed under one of the laws the statute lists, including MCL 333.7411, MCL 769.4a and the youthful trainee section, MCL 762.13, is counted as a misdemeanor conviction when your record is added up. MCL 780.621(2). If you were assigned youthful trainee status, see my Holmes Youthful Trainee Act page.
Michigan expungement waiting periods
These are the periods in the statutes. A period is only the first requirement. The court still has to decide that a set-aside is appropriate.
| Conviction | Waiting period | Statute |
|---|---|---|
| One felony conviction | 5 years | MCL 780.621d(2) |
| More than one felony conviction | 7 years | MCL 780.621d(1) |
| Serious misdemeanor | 5 years | MCL 780.621d(2) |
| One first violation OWI | 5 years | MCL 780.621d(2) |
| Other misdemeanors that are not serious misdemeanors or assaultive crimes | 3 years | MCL 780.621d(3) |
| Misdemeanor marijuana offense | No waiting period appears in the statute | MCL 780.621e |
| Conviction under MCL 750.448 to 750.450 that was a direct result of being a human trafficking victim | May be filed at any time after the conviction | MCL 780.621(3); MCL 780.621d(6) |
| Felony set aside automatically, without an application | 10 years | MCL 780.621g(2) |
| Misdemeanor set aside automatically, without an application | 7 years | MCL 780.621g(1), (3), (4) |
When the clock starts. For a felony or a serious misdemeanor, the period runs from whichever of these happens last: the sentence, the end of probation, discharge from parole, or the end of any prison term. For other misdemeanors it runs from the last of the sentence, any imprisonment, or the end of probation. It is not always the sentencing date. MCL 780.621d(1) to (3).
Three conditions for any order. The court cannot enter an order unless the waiting period has passed, no criminal charges are pending against you, and you have not been convicted of any offense during the waiting period. MCL 780.621d(4). If a petition is denied, you cannot file another on the same conviction until 3 years after the denial unless the order sets an earlier date. MCL 780.621d(5).
The serious misdemeanor trap. A serious misdemeanor is defined by reference to the Crime Victim’s Rights Act, MCL 780.811, and the list includes assault and battery and domestic violence under MCL 750.81. A misdemeanor that was originally charged as a felony and then reduced or pleaded down can also be a serious misdemeanor, which means a 5 year wait instead of 3. People v. Williams, No. 370658 (Mich. Ct. App. Apr. 13, 2026) (published) (misdemeanor false pretenses and embezzlement convictions originally charged as felonies were serious misdemeanors); MCL 780.811(1)(a)(i), (xxiii). That one reading can add two years to a plan, so I check how each conviction was originally charged.
Convictions Michigan will not set aside
A person may not apply to set aside, and a judge may not set aside, any of the following. MCL 780.621c(1).
- A felony punishable by life imprisonment, or an attempt to commit one.
- A violation or attempted violation of MCL 750.136b(3), 750.136d(1)(b) or (c), 750.145c, 750.145d, 750.520c, 750.520d or 750.520g. These include second degree child abuse, second and third degree criminal sexual conduct, and assault with intent to commit criminal sexual conduct.
- Fourth degree criminal sexual conduct, MCL 750.520e, if the conviction occurred on or after January 12, 2015.
- Operating while intoxicated, with one exception for a first violation described below.
- A traffic offense committed by a commercial license holder while operating a commercial motor vehicle or in another manner that was a commercial motor vehicle violation.
- Any traffic offense that causes injury or death.
- A felony domestic violence conviction, if you have a previous misdemeanor domestic violence conviction.
- A violation of former MCL 750.462i or 750.462j, an offense under chapter LXVIIA of the penal code (MCL 750.462a to 750.462h), and an offense under chapter LXXXIII-A of the penal code, the Michigan anti-terrorism act (MCL 750.543a to 750.543z).
The first OWI exception. A first violation OWI conviction may be set aside on application, but only once. You cannot have previously applied for and had a first violation OWI conviction set aside. The judge may consider whether you benefited from any rehabilitative or educational programming the sentencing court ordered, or whether you took those steps before sentencing, and may deny the petition if not convinced you took advantage of it or benefited from it. A first violation OWI cannot be set aside automatically. MCL 780.621c(3), (4). An order setting aside a traffic offense does not remove it from your Secretary of State driving record. MCL 780.621c(5). For how Michigan grades OWI charges, see my Grand Rapids OWI lawyer page.
Automatic set-asides under Michigan’s Clean Slate law
Some convictions are set aside without an application. A felony conviction recorded in the State Police database is set aside once 10 years have passed from the later of sentencing or the end of a prison term with the Department of Corrections, if the conviction is otherwise eligible under the application statute. A misdemeanor is set aside once 7 years have passed from sentencing. MCL 780.621g(1) to (4).
The limits. Over a lifetime, not more than 2 felony convictions and 4 misdemeanor convictions can be set aside this way, and misdemeanors punishable by not more than 92 days are outside the misdemeanor cap. A person with more than one assaultive crime conviction is excluded from the felony and longer misdemeanor routes. The felony and longer misdemeanor routes also do not reach assaultive crimes, serious misdemeanors, crimes of dishonesty, offenses punishable by 10 or more years, and several other categories. On the felony and longer misdemeanor routes, a pending charge or a new conviction during the waiting period stops the set-aside. An automatic set-aside is subject to reinstatement under MCL 780.621h. MCL 780.621g(5) to (7), (10), (12).
When it started. The statute tied the process to appropriation and to a computer program built by the state. The Michigan Attorney General’s press release of April 11, 2023 states that the State Police were launching the automatic program that day. If you think a conviction should have been set aside automatically and it still shows up, tell me. A court can also set aside an eligible conviction on application, and some people use both routes.
What a set-aside does and does not do
What it does. After an order, or an automatic set-aside, you are considered not to have been previously convicted for purposes of the law, with exceptions. MCL 780.622(1). A set-aside conviction cannot be used as evidence in a negligent hiring, admission or licensure action against anyone. MCL 780.622(8). A person other than you or a victim who knows or should have known that a conviction was set aside, and who divulges, uses or publishes it outside the permitted uses, commits a misdemeanor. An entity is not liable for damages or subject to criminal penalties under that section for reporting a public record of a conviction that has been set aside, if the record was available as a public record on the date of the report. MCL 780.623(5), (6).
What it does not do.
- The conviction does not vanish. The State Police keep a nonpublic record that courts, prosecutors, law enforcement and certain agencies can use for listed purposes, including licensing functions of the judicial branch, charging, plea offers and sentencing. MCL 780.623(2).
- A set-aside conviction can be treated as a prior conviction for charging a second or subsequent offense and for habitual offender sentencing. MCL 780.622(9). It also counts as a conviction when the sentencing guidelines score prior record variables. MCL 777.50(4)(a)(ii).
- You do not get back fines, costs or other money paid. Restitution is still owed. MCL 780.622(2), (7).
- A set-aside conviction for a listed sex offense is still treated as a conviction for the Sex Offenders Registration Act. MCL 780.622(3).
- A victim keeps the right to prosecute or defend a civil action for damages. MCL 780.622(5).
- A traffic conviction stays on your Secretary of State driving record. MCL 780.621c(5).
How a set-aside application works
Where it is filed. The application goes to the convicting court. MCL 780.621(1).
What it must contain. The application is invalid unless it is signed under oath and includes your full name and current address, a certified record of each conviction, a statement that you have not been convicted of an offense during the waiting period, a list of any deferred and dismissed cases, whether you applied before and what happened, whether you have any pending charge anywhere, and a consent to the use of the nonpublic record. MCL 780.621d(7).
The State Police step. You send the State Police a copy of the application, a complete set of fingerprints and a $50 fee. They compare their records, including the FBI’s, and report to the court. The court cannot act on the application until that report arrives. MCL 780.621d(8), (9).
Service and objection. A copy must be served on the Attorney General and on the office of each prosecuting attorney who prosecuted the case, and each has an opportunity to contest it. If the conviction was for an assaultive crime or a serious misdemeanor, the prosecutor notifies the victim by mail. The victim has the right to appear at any proceeding on that conviction and to make a written or oral statement. MCL 780.621d(10).
The hearing and the standard. The court may require affidavits and proofs. It may enter an order if it determines that your circumstances and behavior from the date of conviction to the date of filing warrant a set-aside, and that a set-aside is consistent with the public welfare. The statute calls a set-aside a privilege and conditional, not a right. MCL 780.621d(11), (13), (14).
What the Michigan Supreme Court has said about public welfare. In People v. Butka, the Court held that the public welfare cannot be determined by looking solely at the effect of a set-aside on individuals or a limited class of people, and that a trial court abused its discretion by denying an application on the strength of the victims’ objections where nothing else weighed against it. A judge may still consider a victim’s statement, and the Court noted that the statute gives trial courts wide discretion. People v. Butka, 514 Mich. 366, 22 N.W.3d 429 (2024).
Misdemeanor marijuana convictions
Michigan has a separate, shorter route for certain misdemeanor marijuana offenses. The covered offenses are violations of MCL 333.7403(2)(d), MCL 333.7404(2)(d) and the marijuana paraphernalia provision of MCL 333.7453, and local ordinances that substantially correspond. When you file, a rebuttable presumption arises that the conviction rested on conduct that would not have been a crime on or after December 6, 2018. The prosecuting agency has 60 days to answer. If it does not, the court must enter an order within 21 days. If it does, the court must set a hearing within 30 days, and the prosecuting agency has the burden of proof by a preponderance of the evidence. MCL 780.621e(1) to (7). For the felony side of drug cases, see my Grand Rapids drug charges lawyer page.
How I handle a set-aside application
The record. I start with certified records of every conviction and a State Police record, because the count and the clock depend on what the official record shows. Memory and old paperwork are often wrong on dates and charges.
The count and the exclusions. I count the felonies, apply the one bad night rule where it fits, look for assaultive crimes and match each conviction against the list of offenses that cannot be set aside. I also check how each misdemeanor was originally charged.
The clock. I find the date each waiting period started and the date it ends. If the period has not run, I tell you the date, and we plan around it instead of filing early and risking a denial that generally bars a new petition on the same conviction for three years.
The application. I prepare the sworn application, the fingerprint and fee submission to the State Police, and service on the prosecutor and the Attorney General.
Your circumstances and behavior. The judge looks at what you have done since the conviction. I help you organize the facts that speak to it: work history, school, treatment, family responsibilities, community ties and the time without a new offense. The statute lets the court require affidavits and proofs, so I plan for that.
Objections. If the prosecutor, the Attorney General or a victim objects, I address the objection directly at the hearing and on the record.
The other consequences. A set-aside does not change a driving record, a sex offender registration duty, restitution or a later sentencing score. I tell you what it will not fix before you decide to file.
If the case is still open, a set-aside may not be what you need
The time to deal with a record is often before there is a conviction. If you were 18 to 25 when the offense happened, ask me about the Holmes Youthful Trainee Act, which can end in a dismissal without a conviction. The set-aside statute also lists other deferral and dismissal laws, including MCL 333.7411 and MCL 769.4a. MCL 780.621(2). What is available depends on the charge, your record and the court.
Where your Kent County set-aside application is filed
The application is filed in the court that convicted you. A misdemeanor conviction from Grand Rapids was entered in the 61st District Court. Other Kent County communities are served by the 59th District Court in Walker and Grandville, the 62A court in Wyoming, the 62B court in Kentwood and the 63rd District Court, which covers Rockford, Lowell, Cedar Springs, East Grand Rapids and the surrounding townships. A felony conviction was entered in the Kent County Circuit Court, the 17th Circuit. A conviction from another Michigan county is filed in that county’s court. Call me and we will sort out where yours belongs.
Why people hire me as their Michigan expungement lawyer
You deal with the lawyer handling your application from the first call to the last day. I give you the strengths and weaknesses of your situation straight, including what a denial would mean and when you could file again. I do the count, the clock and the paperwork the way I would on any contested motion, and then we decide together how to proceed.
Fees depend on the number of convictions, the courts involved and whether a prosecutor or a victim objects. I explain my fee arrangement at the consultation, before you decide whether to hire me.
Questions I hear from people who want to clear a Michigan conviction
Can any conviction be expunged in Michigan?
No. Michigan will not set aside life felonies, a list of child abuse and sex offense convictions, human trafficking and anti-terrorism offenses, most OWI convictions, any traffic offense that causes injury or death, traffic offenses in a commercial motor vehicle, or a felony domestic violence conviction when you already have a misdemeanor domestic violence conviction. A first OWI is the main exception, and it can be set aside only once.
How long do I have to wait to expunge a conviction in Michigan?
Five years for one felony, a serious misdemeanor or one first violation OWI, seven years for more than one felony, and three years for most other misdemeanors. The period runs from the last of sentencing, probation, parole or imprisonment, depending on the conviction. You also need no pending charges and no new conviction during the period.
How many convictions can I have set aside?
You can apply if you have not more than three felony convictions in Michigan in total. 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 if it is punishable by more than 10 years. Felonies that happened within 24 hours and arose from the same transaction can count as one, unless one is an assaultive crime, a dangerous weapon crime or a crime with a maximum of 10 or more years.
Does a set-aside erase my record?
Not completely. For most purposes you are considered not to have been convicted, but the State Police keep a nonpublic record that courts, prosecutors, law enforcement and certain agencies can use for listed purposes. A set-aside conviction can still count as a prior for a later charge or sentence. Restitution is still owed, and a traffic conviction stays on your driving record.
Can a first OWI be expunged in Michigan?
Yes, one time, on application, after five years. The judge can consider whether you completed rehabilitative or educational programming. A second OWI cannot be set aside, and the order does not remove the conviction from your Secretary of State driving record.
Can a judge deny my set-aside application even if I qualify?
Yes. The statute calls a set-aside a privilege and not a right, and the judge has to find that your circumstances and behavior warrant it and that it is consistent with the public welfare. But the Michigan Supreme Court has held that the public welfare cannot be decided solely by the effect on victims or a limited class of people. If an application is denied, you generally cannot refile on the same conviction for three years unless the order sets an earlier date.
Will my conviction be set aside automatically in Michigan?
Possibly. An eligible misdemeanor is set aside automatically 7 years after sentencing, and an eligible felony 10 years after the later of sentencing or the end of a prison term. The felony and longer misdemeanor routes have lifetime caps and exclude assaultive crimes, serious misdemeanors, crimes of dishonesty and several other categories. A conviction must also be recorded in the State Police database.
Can a marijuana misdemeanor be set aside in Michigan?
Certain misdemeanor marijuana offenses can be set aside under a separate procedure. When you file, the law presumes the conviction rested on conduct that would not have been a crime on or after December 6, 2018, and the prosecuting agency has to rebut that presumption by a preponderance of the evidence. If the agency does not answer within 60 days, the court must enter an order.
Related Michigan pages
For a wider look at charges in Kent County, see my Grand Rapids criminal defense lawyer page. If your conviction was for drunk driving, see my Grand Rapids OWI lawyer page. If it came from a relationship or household, see my Grand Rapids domestic violence lawyer page. Other pages cover assault, drug charges, retail fraud, larceny and embezzlement, weapons charges and probation violations. If you are young and your case is still open, see my Holmes Youthful Trainee Act page. For short answers on other Michigan legal questions, see the Michigan legal FAQs page. If a conviction needs to be challenged on appeal, see my Michigan appeals lawyer page.
Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan. Your Rights, My Fight!
Contact me 24/7 by text on WhatsApp. Want to know whether a conviction can be set aside? Call for a free initial consultation: (616) 213-3327 | MBisson@BissonLegal.com
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.