16 September, 2026
Michigan Expungement Laws Explained for 2026
You thought the past was in the past. Everything has been going well, and the trouble you got in 10 years ago feels as far away as it could be from your current life. You worked hard to get here, and then today you got the news.
That new apartment in Ann Arbor ran a background check, and you can’t move in next week as you planned. Or maybe it was that promotion in Grand Rapids.
Or even a professional license you’ve been working for years to get your hands on. At Coontz Law, we understand the shock you feel when something like this happens. We are here to help you get the second chance you deserve.
Michigan expungement laws allow many people to remove eligible convictions from public view, but waiting long enough is only part of the equation. The conviction, timing, and rest of your record all matter.
An old case may be part of your story. It does not have to remain the headline. Coontz Law helps people answer these questions and move forward when everything aligns.
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Can Your Record Be Cleared Under Michigan’s 2026 Expungement Rules?
In Michigan, expungement is called “setting aside” a conviction. Generally, a person with no more than three felony convictions may apply to have eligible Michigan convictions set aside.
The law permits an unlimited number of eligible misdemeanors, subject to separate limits for assaultive crimes, certain repeat felonies punishable by more than 10 years, and offenses the law excludes entirely.
Start with the record itself. Identify the exact conviction, convicting court, sentence date, and any later cases. Michigan’s limited same-transaction rule can also change how some convictions are counted. A charge name you remember from 12 years ago may not tell you what the law says about it now.
Will Clean Slate Get There First, or Are You Waiting Longer Than Necessary?
Michigan’s automatic Clean Slate system can remove some convictions without an application or court hearing. For convictions that qualify for automatic set-asides, misdemeanors generally clear after 7 years. Eligible felonies generally clear after 10 years from the sentencing date or the completion of a Michigan Department of Corrections prison term, whichever occurs later.
Automatic relief is limited to two felonies and four misdemeanors punishable by 93 days or more, while qualifying shorter misdemeanors do not count toward that four-misdemeanor limit.
But “automatic” does not mean “soonest.” If you qualify to apply after three, five, or seven years, you may be able to act before Clean Slate would clear the conviction. There is little reason to wait for the system if Michigan law already gives you another route.
Which Convictions Still Cannot Be Expunged in Michigan?
Michigan expanded eligibility substantially, but it did not make every conviction removable. Some convictions remain excluded from the set-aside process, including:
- Felonies punishable by life imprisonment and attempts to commit those felonies,
- Certain criminal sexual conduct, child abuse, and child sexually abusive activity or material offenses,
- OWI convictions other than an eligible first violation,
- Certain commercial driver traffic offenses and traffic offenses causing injury or death,
- A felony domestic violence conviction when the person has a prior misdemeanor domestic violence conviction, and
- Certain human trafficking and terrorism-related offenses.
An eligible first-offense Operating While Intoxicated (OWI) is an important exception because you can apply to set it aside even though OWI convictions do not qualify for automatic relief. Labels such as “assault,” “traffic case,” or “sex offense” are not enough. The actual conviction is what matters.
When Does the Filing Clock Actually Start?
For an application, the waiting period depends on the record you want the court to set aside. The clock generally runs from the latest relevant event, which can include sentencing, completion of probation, discharge from parole, or completion of imprisonment.
The waiting period depends on the convictions you want the court to set aside. If you are seeking to expunge more than one felony, you generally must wait seven years. The waiting period is five years for one felony, one or more serious misdemeanors, or one eligible first-offense OWI.
For most other misdemeanors, the waiting period is three years. The clock generally runs from the latest relevant event, which may include sentencing, completion of probation, discharge from parole, or completion of imprisonment.
The court cannot grant relief while criminal charges are pending, and a new conviction during the applicable waiting period affects eligibility. Probation, parole, imprisonment, and multiple cases can therefore delay the filing date beyond what someone expects.
What Makes a Michigan Expungement Application More Than a Form?
Filling out paperwork is just one step in the process. Usually, a Michigan expungement application involves obtaining a certified copy of your conviction record and your fingerprints, filing with the court where you were convicted, sending documents to the Michigan State Police, the Attorney General, and the prosecutor, and often attending a hearing.
The more important preparation starts before filing. We want to know what the record says, whether multiple convictions can count as one under Michigan’s same-transaction or “one bad night” rule, what changed after the case, and why the public record now creates a real barrier.
Useful proof may include steady employment, education, treatment, community involvement, professional licensing goals, and responsibilities at home.
When the court reviews the application, your conduct and circumstances since the conviction matter, along with whether setting the conviction aside is consistent with the public welfare. “I have changed,” tells the judge very little. The facts showing how you have changed matter more.
When Is a Michigan Expungement Lawyer Worth Hiring?
You do not have to hire a lawyer. Michigan provides forms and instructions, and some people with straightforward records can reasonably handle the process themselves. That is worth saying plainly.
A Michigan expungement lawyer becomes more valuable when the answer is not obvious. At Coontz Law, we do not start by filling out a form. We start with the record and what you are trying to get back: a job opportunity, housing, a license, or simply the ability to move forward without an old case introducing you first.
We determine what can be cleared, when to file, how multiple convictions should be counted, and what the court needs to see at the hearing. Then we handle the paperwork and prepare the case around the life you have actually built since the conviction.
You Served the Sentence. Does the Record Still Have to Follow You?
An old conviction should not get the final word on who you are now. You do not have to guess whether Clean Slate handled it or whether Michigan law gives you another option.
Contact Coontz Law to review your record, identify the available path, and decide what comes next based on the life you have built since the case.
Michigan Expungement FAQs
What Happens If My Expungement Application Was Denied?
Michigan expungement laws generally require you to wait three years before filing another petition involving the same conviction. The judge can allow an earlier filing date in the denial order.
Can Michigan Expunge a Conviction From Another State?
Michigan’s application statute addresses convictions from Michigan. If the conviction came from another state, you generally must use that jurisdiction’s record-clearing laws and court process.
Can I Apply If I No Longer Live in Michigan?
Yes, an out-of-state resident can still seek to have an eligible Michigan conviction set aside. The application goes through the Michigan court where the conviction occurred, and Michigan provides separate fingerprint instructions for applicants living outside the state.
Legal References Used to Inform This Page:
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- MCL 780.621 – Application for order setting aside conviction; felony or misdemeanor conviction; setting aside of certain convictions prohibited; victim of human trafficking violation; definitions.
- MCL 780.621g – Setting aside certain convictions without application; requirements; exceptions; implementation date; reinstatement; “crime of dishonesty” defined.
- MCL 780.621c – Prohibition on setting aside convictions for certain criminal cases; applicability to MCL 780.621g; inapplicable to the Secretary of State’s driving record.
- MCL 780.621d – Application and procedures for setting aside felonies and serious misdemeanor convictions.
- Michigan Legal Help – Applying to Set Aside (Expunge) an Adult Criminal Conviction
- State Bar of Michigan – Expungements: Setting Aside the Confusion
- Michigan Department of Attorney General – Expungement Assistance
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