Michigan Expungement Laws: How Conviction Set-Aside Works Under MCL 780.621
Michigan Expungement Laws: How Conviction Set-Aside Works Under MCL § 780.621
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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Sources
The legal information in this article is drawn from primary sources including the Michigan Legislature (legislature.mi.gov), the Michigan Courts SCAO (courts.michigan.gov), and the Michigan State Police criminal history division (michigan.gov/msp).
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RecordingLaw.com provides legal information, not legal advice. Laws change; verify current rules with a licensed Michigan attorney.