Michigan
Michigan Expungement Laws: How Conviction Set-Aside Works Under MCL 780.621
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. How we verify our legal content
Michigan does not use the word "expungement" in its statutes. Instead, state law authorizes a conviction set-aside under MCL § 780.621 et seq., and the 2020 Clean Slate package (Public Acts 187-193, effective April 11, 2021) dramatically expanded who qualifies. People searching for "Michigan expungement" are looking for this same relief.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This article covers Michigan state law only. For a national comparison, see Expungement Laws by State.
What Michigan's Set-Aside Law Covers
Michigan's conviction set-aside process allows a court to set aside, or legally nullify, a prior criminal conviction so it no longer appears on public records. The primary statute is MCL § 780.621, which was substantially rewritten by Public Acts 187 through 193 of 2020, collectively known as the Clean Slate package. Those acts took effect on April 11, 2021. Before that date, Michigan allowed set-aside for only one felony or two misdemeanors in a lifetime. The 2020 changes raised the limits to three felonies and an unlimited number of misdemeanors, subject to specific caps described below. A separate automatic set-aside mechanism under MCL § 780.621g began operating on April 11, 2023 for convictions that meet the eligibility criteria without any action by the individual.
Petition-Based Set-Aside: Eligibility Under MCL § 780.621
A person may petition a Michigan court to set aside eligible convictions if the lifetime totals stay within these limits: no more than 3 felony convictions, no more than 1 felony for the same offense punishable by 10 or more years of imprisonment, and no more than 2 assaultive crime convictions. There is no numeric cap on misdemeanor set-asides through the petition process, provided the convictions are otherwise eligible. Under the consolidation rule in MCL § 780.621b, multiple felonies or misdemeanors arising from the same event within a 24-hour window may be treated as a single conviction for counting purposes, unless any of them is an assaultive crime, involves a dangerous weapon, or carries a maximum penalty of 10 or more years. The statute also provides a specific pathway for victims of human trafficking who were convicted under MCL §§ 750.448, 750.449, or 750.450 as a direct result of being trafficked; those individuals may petition at any time after conviction with no waiting period.
Waiting Periods for Petition-Based Set-Aside Under MCL § 780.621d
The waiting period depends on the type and number of convictions involved. For a single felony or a serious misdemeanor, the applicant must wait at least 5 years from whichever of the following occurs last: imposition of sentence, completion of any felony probation term, discharge from parole, or completion of any prison sentence. For more than one felony, the waiting period extends to 7 years from the same triggering events. For standard misdemeanors (other than assaultive crimes), the wait is 3 years from sentence imposition, completion of imprisonment, or completion of probation, whichever is latest. No new criminal charges may be pending at the time of filing, and the applicant must remain conviction-free throughout the applicable waiting period. If a court denies a petition, the applicant must wait 3 years before refiling on the same conviction unless the court authorizes an earlier attempt.
Automatic Set-Aside Under MCL § 780.621g
Michigan's automatic set-aside program launched on April 11, 2023, two years after the Clean Slate package took effect. Under MCL § 780.621g, the Michigan State Police review the Criminal History Record database and automatically set aside qualifying convictions once the waiting period has elapsed, with no application required from the individual. The waiting periods for automatic set-aside are 7 years for misdemeanors carrying a maximum sentence of 92 days or fewer, 7 years for misdemeanors carrying a maximum of 93 days or more (as recorded in the state police database), and 10 years for felony convictions measured from sentence imposition or completion of any Michigan Department of Corrections imprisonment term, whichever is later. Lifetime caps apply: the automatic process will set aside no more than 2 felony convictions and no more than 4 misdemeanor convictions of 93 days or more per individual. The cap does not apply to convictions carrying a 92-day maximum, which courts handle through their own case management systems. To check whether an automatic set-aside has been applied, individuals can search the Internet Criminal History Access Tool (ICHAT) at apps.michigan.gov.
Several categories of offense are excluded from automatic set-aside: assaultive crimes, serious misdemeanors, crimes of dishonesty (including fraud, forgery, and embezzlement), any offense punishable by 10 or more years of imprisonment, crimes with elements involving a minor or vulnerable adult or causing injury or death, operating while intoxicated offenses, commercial motor vehicle traffic violations, and human trafficking violations.
Excluded Offenses Under MCL § 780.621c
Certain convictions are permanently ineligible for set-aside through either the petition or automatic process. MCL § 780.621c bars set-aside for any offense where the maximum penalty is life imprisonment (which includes first-degree criminal sexual conduct under MCL § 750.520b). The statute separately lists criminal sexual conduct convictions that are excluded regardless of sentence: MCL §§ 750.520c (second-degree CSC), 750.520d (third-degree CSC), and 750.520g (assault with intent to commit CSC). Fourth-degree CSC under MCL § 750.520e is also excluded, but only for convictions that occurred on or after January 12, 2015; pre-2015 convictions under 750.520e may be eligible. Offenses against minors listed under MCL §§ 750.136b(3), 750.136d(1)(b) or (c), 750.145c, and 750.145d are also ineligible. Traffic offenses present their own limitations: operating while intoxicated convictions are generally excluded, commercial motor vehicle traffic violations while operating a CMV are excluded, and any traffic offense that resulted in injury or death is excluded. A felony domestic violence conviction is excluded if the individual has a prior misdemeanor domestic violence conviction on record. The statute further notes that a set-aside does not remove traffic offenses from Secretary of State driving records maintained under the Michigan Vehicle Code.
How to File a Petition: Forms, Fees, and Process
A petitioner files form MC 227 (Application to Set Aside Conviction(s)) or form MC 227a for marijuana-related convictions in the court where the original conviction occurred. The process involves several parallel steps. First, obtain a certified copy of the judgment of sentence or probation order from the court clerk. Second, get fingerprinted at a local law enforcement agency on a Michigan Applicant Fingerprint Card (RI-008); a fee for fingerprinting may apply. Third, mail a copy of the complete application packet along with a $50 processing fee (payable to the State of Michigan by check or money order) to: Michigan State Police CJIC, P.O. Box 30266, Lansing, MI 48909-7766. Fourth, mail a copy of the packet to the Michigan Attorney General. Fifth, file the remaining copy with the court along with a completed Proof of Service. The court then schedules a hearing, notifies the prosecuting attorney and the Michigan State Police, and may grant or deny the petition. If granted, the court issues form MC 228 (Order Setting Aside Conviction(s)) and transmits it to the state police for database update.
What Changes After a Set-Aside Is Granted
Once a Michigan court grants a set-aside or the automatic process applies, the conviction no longer appears on public ICHAT background checks used by most employers, landlords, and schools. The Michigan State Police update the Criminal History Record database to reflect the set-aside status. However, law enforcement agencies and certain state and federal government agencies retain non-public access to the original record. Federal law is not overridden by a state set-aside order, so federal background checks and certain federally regulated employment categories may still surface the conviction. Professional licensing boards in Michigan may have their own rules; applicants should review the applicable licensing statute for any board-specific disclosure requirements. A set-aside under Michigan law is not the same as a pardon and does not restore firearm rights automatically where federal prohibitions apply.
Disclaimer: This article describes Michigan law as of May 29, 2026, based on MCL § 780.621 et seq. and the Clean Slate package (Public Acts 187-193 of 2020). Laws change; consult a licensed Michigan criminal defense attorney before making any decision about your record.
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Frequently Asked Questions
How do I expunge my record in Michigan?
Michigan calls this process a "set aside" rather than expungement. You file form MC 227 in the court where you were convicted, submit a $50 fee and fingerprint card to the Michigan State Police, and send copies to the Attorney General. Eligibility depends on your conviction type and how much time has passed since sentence or release under MCL § 780.621d.
What is the Michigan Clean Slate law?
Michigan Clean Slate refers to Public Acts 187-193 of 2020, which took effect April 11, 2021. The package expanded petition-based set-aside to allow up to 3 felonies and unlimited misdemeanors (with caps), and created an automatic set-aside mechanism under MCL § 780.621g that launched April 11, 2023.
What is a Michigan set-aside conviction?
A set-aside under MCL § 780.621 is the legal nullification of a prior conviction so it no longer appears on public records. It is the Michigan equivalent of what other states call expungement. After a set-aside, the conviction does not show on ICHAT background checks available to employers and the public.
What does MCL 780.621 say?
MCL § 780.621 is the main Michigan statute authorizing conviction set-asides. It sets the lifetime caps (up to 3 felonies, no more than 2 assaultive crimes), defines eligible and excluded offenses, and establishes the petition process. Companion sections 780.621b through 780.621g cover consolidation, marijuana offenses, exclusions, waiting periods, court procedures, and automatic set-aside.
How long does it take to get a set-aside in Michigan?
After filing, the Michigan State Police typically process the fingerprint and background check within 8 weeks. The court then schedules a hearing. Total time from filing to a final order is often 3 to 6 months, though it varies by court workload and whether the prosecutor objects.
What convictions cannot be set aside in Michigan?
Under MCL § 780.621c, the following cannot be set aside: any offense with a life-maximum sentence (which includes first-degree CSC under MCL § 750.520b), second-degree CSC (MCL § 750.520c), third-degree CSC (MCL § 750.520d), assault with intent to commit CSC (MCL § 750.520g), fourth-degree CSC (MCL § 750.520e) for convictions on or after January 12, 2015, specific offenses against minors, most traffic offenses including operating while intoxicated, and felony domestic violence when the person has a prior misdemeanor domestic violence conviction.
Will my Michigan conviction still show on a background check after a set-aside?
After a set-aside is granted, the conviction is removed from public ICHAT searches that most employers use. Law enforcement agencies and some government entities retain non-public access. Federal background checks are not governed by Michigan law and may still show the conviction depending on the database used.
Does Michigan automatically expunge convictions?
Yes. Under MCL § 780.621g, Michigan began automatically setting aside qualifying convictions on April 11, 2023 with no application needed. Eligible misdemeanors are set aside after 7 years and eligible felonies after 10 years, up to lifetime caps of 2 felonies and 4 qualifying misdemeanors. Many offense categories are excluded from automatic set-aside.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Michigan Compiled Laws
§ 750.136bDefinitions; child abuse; degrees; penalties; exception; affirmative defense; enhanced sentence; "prior conviction" definedIn forcecited in 2 of our articles
(1) As used in this section: (a) "Child" means a person who is less than 18 years of age and is not emancipated by operation of law as provided in section 4 of 1968 PA 293, MCL 722.4. (b) "Cruel" means brutal, inhuman, sadistic, or that which torments. (c) "Omission" means a willful failure to provide food, clothing, or shelter necessary for a child's welfare or willful abandonment of a child. (d) "Person" means a child's parent or guardian or any other person who cares for, has custody of, or has authority over a child regardless of the length of time that a child is cared for, in the custody of, or subject to the authority of that person. (e) "Physical harm" means any injury to a child's physical condition. (f) "Serious physical harm" means any physical injury to a child that seriously impairs the child's health or physical well-being, including, but not limited to, brain damage, a skull or bone fracture, subdural hemorrhage or hematoma, dislocation, sprain, internal injury, poisoning, burn or scald, or severe cut.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 316 court opinionsMost recently applied by a court: 2026
Leading cases: People v. Lane (Michigan Court of Appeals 2014, 308 Mich. App. 38) · People of Michigan v. Christopher Duran Head (Michigan Court of Appeals 2018) · People v. Nix (Michigan Court of Appeals 2013, 301 Mich. App. 195)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 750.448Soliciting, accosting, or inviting to commit prostitution or immoral act; crimeIn forcecited in 2 of our articles
A person 16 years of age or older who accosts, solicits, or invites another person in a public place or in or from a building or vehicle, by word, gesture, or any other means, to commit prostitution or to do any other lewd or immoral act, is guilty of a crime punishable as provided in section 451.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 20 court opinionsMost recently applied by a court: 2026
Leading cases: State Ex Rel. Wayne County Prosecuting Attorney v. Levenburg (Michigan Supreme Court 1979, 406 Mich. 455) · People v. Morey (Michigan Supreme Court 1999, 461 Mich. 325) · People v. Rocha (Michigan Court of Appeals 1981, 110 Mich. App. 1)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 750.520bCriminal sexual conduct in the first degree; circumstances; felony; consecutive termsIn forcecited in 5 of our articles
(1) A person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration with another person and if any of the following circumstances exists: (a) That other person is under 13 years of age. (b) That other person is at least 13 but less than 16 years of age and any of the following: (i) The actor is a member of the same household as the victim. (ii) The actor is related to the victim by blood or affinity to the fourth degree. (iii) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit. (iv) The actor is a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 2,112 court opinionsMost recently applied by a court: 2026
Leading cases: People v. Payne (Michigan Court of Appeals 2009, 285 Mich. App. 181) · People v. Solloway (Michigan Court of Appeals 2016, 316 Mich. App. 174) · People v. Douglas (Michigan Supreme Court 2014, 496 Mich. 557)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Michigan Statute of Limitations: Filing Deadlines by Case Type, Michigan Restraining Order Laws (2026): How to Get a Personal Protection Order
§ 750.520cCriminal sexual conduct in the second degree; felonyIn forcecited in 2 of our articles
(1) A person is guilty of criminal sexual conduct in the second degree if the person engages in sexual contact with another person and if any of the following circumstances exists: (a) That other person is under 13 years of age. (b) That other person is at least 13 but less than 16 years of age and any of the following: (i) The actor is a member of the same household as the victim. (ii) The actor is related by blood or affinity to the fourth degree to the victim. (iii) The actor is in a position of authority over the victim and the actor used this authority to coerce the victim to submit. (iv) The actor is a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 1,011 court opinionsMost recently applied by a court: 2026
Leading cases: People v. VanderVliet (Michigan Supreme Court 1993, 444 Mich. 52) · People v. Watkins; People v. Pullen (Michigan Supreme Court 2012, 491 Mich. 450) · People of Michigan v. Stanley G Duncan (Michigan Supreme Court 2013, 494 Mich. 713)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 750.520dCriminal sexual conduct in the third degree; felonyIn forcecited in 4 of our articles
(1) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exist: (a) That other person is at least 13 years of age and under 16 years of age. (b) Force or coercion is used to accomplish the sexual penetration. Force or coercion includes but is not limited to any of the circumstances listed in section 520b(1)(f)(i) to (v). (c) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless. (d) That other person is related to the actor by blood or affinity to the third degree and the sexual penetration occurs under circumstances not otherwise prohibited by this chapter. It is an affirmative defense to a prosecution under this subdivision that the other person was in a position of authority over the defendant and used this authority to coerce the defendant to violate this subdivision. The defendant has the burden of proving this defense by a preponderance of the evidence. This subdivision does not apply if both persons are lawfully married to each other at the time of the alleged violation.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 694 court opinionsMost recently applied by a court: 2026
Leading cases: People v. Armstrong (Michigan Supreme Court 2011, 490 Mich. 281) · People v. Robideau (Michigan Supreme Court 1984, 419 Mich. 458) · People v. Gaines (Michigan Court of Appeals 2014, 306 Mich. App. 289)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Michigan Sexting Laws: Legal Consequences and Penalties
§ 750.520eCriminal sexual conduct in the fourth degree; misdemeanorIn forcecited in 2 of our articles
(1) A person is guilty of criminal sexual conduct in the fourth degree if the person engages in sexual contact with another person and if any of the following circumstances exist: (a) That other person is at least 13 years of age but less than 16 years of age, and the actor is 5 or more years older than that other person. (b) Force or coercion is used to accomplish the sexual contact. Force or coercion includes, but is not limited to, any of the following circumstances: (i) When the actor overcomes the victim through the actual application of physical force or physical violence. (ii) When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute that threat. (iii) When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute that threat. As used in this subparagraph, "to retaliate" includes threats of physical punishment, kidnapping, or extortion.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 313 court opinionsMost recently applied by a court: 2026
Leading cases: People v. Brantley (Michigan Court of Appeals 2012, 296 Mich. App. 546) · People v. Drohan (Michigan Supreme Court 2006, 475 Mich. 140) · People of Michigan v. Lovell Charles Sharpe (Michigan Supreme Court 2018, 502 Mich. 313)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 750.520gAssault with intent to commit criminal sexual conduct; felonyIn forcecited in 2 of our articles
(1) Assault with intent to commit criminal sexual conduct involving sexual penetration shall be a felony punishable by imprisonment for not more than 10 years. (2) Assault with intent to commit criminal sexual conduct in the second degree is a felony punishable by imprisonment for not more than 5 years.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 229 court opinionsMost recently applied by a court: 2026
Leading cases: People v. Hackett (Michigan Supreme Court 1985, 421 Mich. 338) · People v. Nickens (Michigan Supreme Court 2004, 470 Mich. 622) · People v. Starks (Michigan Supreme Court 2005, 473 Mich. 227)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 780.621Application for order setting aside conviction; felony or misdemeanor conviction; setting aside of certain convictions prohibited; victim of human trafficking violation; definitionsIn forcecited in 7 of our articles
(1) Except as otherwise provided in this act, a person who is convicted of 1 or more criminal offenses may file an application with the convicting court for the entry of an order setting aside 1 or more convictions as follows: (a) Except as provided in subdivisions (b) and (c), a person convicted of 1 or more criminal offenses, but not more than a total of 3 felony offenses, in this state, may apply to have all of the applicant's convictions from this state set aside. (b) An applicant may not have more than a total of 2 convictions for an assaultive crime set aside under this act during the applicant's lifetime. (c) An applicant may not have more than 1 felony conviction for the same offense set aside under this section if the offense is punishable by more than 10 years imprisonment. (d) A person who is convicted of a violation or an attempted violation of section 520e of the Michigan penal code, 1931 PA 328, MCL 750.520e, before January 12, 2015 may petition the convicting court to set aside the conviction if the individual has not been convicted of another offense other than not more than 2 minor offenses.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cross-referenced in the statute itself: § 750.136b, § 750.448, § 750.520e
Cited in 57 court opinionsMost recently applied by a court: 2026
Leading cases: People v. Droog (Michigan Court of Appeals 2009, 282 Mich. App. 68) · People v. Link (Michigan Court of Appeals 1997, 225 Mich. App. 211) · People v. Van Heck (Michigan Court of Appeals 2002, 252 Mich. App. 207)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Michigan Background Check Laws (2026 Guide), Expungement Laws by State: How to Clear Your Record (2026), DUI Expungement by State: Where You Can Clear Your Record
§ 780.621bSetting aside multiple criminal offenses arising out of same transaction; exceptionsIn forcecited in 2 of our articles
(1) For purposes of a petition to set aside a conviction under section 1 or 1e, more than 1 felony offense or more than 1 misdemeanor offense must be treated as a single felony or misdemeanor conviction if the felony or misdemeanor convictions were contemporaneous such that all of the felony or misdemeanor offenses occurred within 24 hours and arose from the same transaction, provided that none of those felony or misdemeanor offenses constitute any of the following: (a) An assaultive crime. (b) A crime involving the use or possession of a dangerous weapon. (c) A crime with a maximum penalty of 10 or more years' imprisonment. (d) A conviction for a crime that if it had been obtained in this state would be for an assaultive crime. (2) As used in this section, "dangerous weapon" means that term as defined in section 110a of the Michigan penal code, 1931 PA 328, MCL 750.110a.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 2 court opinionsMost recently applied by a court: 2024
Leading cases: People of Michigan v. Lidi Maryanovska (Michigan Court of Appeals 2023) · People of Michigan v. Monica Rannay Pulliam (Michigan Court of Appeals 2024)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 780.621cProhibition on setting aside convictions for certain criminal cases; applicability to MCL 780.621g; inapplicable to secretary of state driving recordIn forcecited in 4 of our articles
(1) A person shall not apply to have set aside, and a judge shall not set aside, a conviction for any of the following: (a) A felony for which the maximum punishment is life imprisonment or an attempt to commit a felony for which the maximum punishment is life imprisonment. (b) A violation or attempted violation of section 136b(3), 136d(1)(b) or (c), 145c, 145d, 520c, 520d, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.136b, 750.136d, 750.145c, 750.145d, 750.520c, 750.520d, and 750.520g. (c) A violation or attempted violation of section 520e of the Michigan penal code, 1931 PA 328, MCL 750.520e, if the conviction occurred on or after January 12, 2015. (d) The following traffic offenses: (i) Subject to subsections (3) and (4), a conviction for operating while intoxicated committed by any person. (ii) Any traffic offense committed by an individual with an indorsement on his or her operator's or chauffeur's license to operate a commercial motor vehicle that was committed while the individual was operating the commercial motor vehicle or was in another manner a commercial motor vehicle violation. (iii) Any traffic offense that causes injury or death.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cross-referenced in the statute itself: § 750.136b, § 750.520c, § 750.520d, § 750.520e
Cited in 2 court opinionsMost recently applied by a court: 2024
Leading cases: People of Michigan v. Monica Rannay Pulliam (Michigan Court of Appeals 2024) · People of Michigan v. Jason Scott Knuppenburg (Michigan Court of Appeals 2023)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 780.621dApplication and procedures for setting aside felonies and serious misdemeanor convictionsIn forcecited in 2 of our articles
(1) An application under section 1 to set aside more than 1 felony conviction shall only be filed 7 or more years after whichever of the following events occurs last: (a) Imposition of the sentence for the convictions that the applicant seeks to set aside. (b) Completion of any term of felony probation imposed for the convictions that the applicant seeks to set aside. (c) Discharge from parole imposed for the convictions that the applicant seeks to set aside. (d) Completion of any term of imprisonment imposed for the convictions that the applicant seeks to set aside. (2) An application under section 1 to set aside 1 or more serious misdemeanor convictions, 1 first violation operating while intoxicated offense, or 1 felony conviction shall only be filed 5 or more years after whichever of the following events occurs last: (a) Imposition of the sentence for the conviction or convictions that the applicant seeks to set aside. (b) Completion of probation imposed for the conviction or convictions that the applicant seeks to set aside. (c) Discharge from parole imposed for the conviction that the applicant seeks to set aside, if applicable.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 11 court opinionsMost recently applied by a court: 2026
Leading cases: People of Michigan v. Latielya Quenette Williams (Michigan Court of Appeals 2026) · People of Michigan v. Stephen Matthew Butka (Michigan Supreme Court 2024) · People of Michigan v. Jason Edward Koert (Michigan Court of Appeals 2024)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 780.621gSetting aside certain convictions without application; requirements; exceptions; implementation date; reinstatement; "crime of dishonesty" definedIn forcecited in 4 of our articles
(1) Beginning 2 years after the effective date of the amendatory act that added this section and subject to any necessary appropriation, a misdemeanor conviction for an offense for which the maximum punishment is imprisonment for not more than 92 days is set aside under this section without the filing of an application under section 1 if 7 years have passed from the imposition of the sentence. Each court shall notify the arresting law enforcement agency of each conviction on or before the tenth day of each month that is set aside under this subsection for the preceding month. Each law enforcement agency need not retain and shall make nonpublic the notification that the conviction has been set aside, and the record of the arrest, fingerprinting, conviction, and sentence of the person in the case to which the notification applies.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 3 court opinionsMost recently applied by a court: 2025
Leading cases: People of Michigan v. Christopher Shane Babcock (Michigan Court of Appeals 2025) · People of Michigan v. Jeffrey Duane Tull (Michigan Court of Appeals 2024) · People of Michigan v. Monica Rannay Pulliam (Michigan Court of Appeals 2024)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How to Check if Your Record Has Been Expunged
Explore the law
The laws cited above reference these related sections in their own text:
- Michigan Compiled Laws § 257.625 — Operating motor vehicle while intoxicated; "operating while intoxicated" defined; operating motor vehicle when visibly impaired; penalties for causing death or serious impairment of a body function; operation of motor vehicle by person less than 21 years of age; "any bodily alcohol content" defined; requirements; controlled substance; costs; enhanced sentence; guilty plea or nolo contendere; establishment of prior conviction; special verdict; public record; burden of proving religious service or ceremony; ignition interlock device; definitions; prior conviction; violations arising out of same transaction view in our statute record · read at the official source
- Michigan Compiled Laws § 750.145c — Definitions; child sexually abusive activity or material; penalties; possession of child sexually abusive material; expert testimony; defenses; acts of commercial film or photographic print processor; report to law enforcement agency by computer technician; reasonable availability of evidence to defendant; applicability and uniformity of section; enactment or enforcement of ordinance, rule, or regulation prohibited view in our statute record · read at the official source
- Michigan Compiled Laws § 750.145d — Use of internet or computer system; prohibited conduct; violation; penalty; jurisdiction; order to reimburse state or local governmental unit; definitions view in our statute record · read at the official source
- Michigan Compiled Laws § 750.411h — Stalking; definitions; violation as misdemeanor; penalties; probation; conditions; evidence of continued conduct as rebuttable presumption; additional penalties view in our statute record · read at the official source
Related law for further reading — not part of this article’s citations.
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Sources and References
- MCL Section 780.621 - Michigan Legislature(legislature.mi.gov)
- MCL Section 780.621b - Consolidation Rule - Michigan Legislature(legislature.mi.gov)
- MCL Section 780.621c - Excluded Offenses - Michigan Legislature(legislature.mi.gov)
- MCL Section 780.621d - Waiting Periods - Michigan Legislature(legislature.mi.gov)
- MCL Section 780.621g - Automatic Set-Aside - Michigan Legislature(legislature.mi.gov)
- MC 227 Application to Set Aside Convictions - Michigan Courts(courts.michigan.gov)
- Michigan Clean Slate - Michigan State Police(michigan.gov)
- Automatic Expungements Michigan Clean Slate - Michigan Attorney General(michigan.gov)
- Conviction Set Aside Public Information - Michigan State Police(michigan.gov)