Application to Set Aside Conviction(s) (MCL 780.621) in Michigan: which records can be cleared
What Michigan law lets you clear, record by record.
Checked against official sources: October 25, 2026.
Short answer
In Michigan it is called set aside (commonly called expungement): a set-aside removes the conviction from public view: for most purposes the law treats you as not convicted. Some misdemeanor and felony convictions may be cleared, and Michigan also clears some records automatically.
- Main remedy
- Application to Set Aside Conviction(s) (MCL 780.621)
- What it covers
- Misdemeanor and felony convictions from Michigan courts, including a first-offense OWI and deferred-and-dismissed cases (which count as misdemeanors for eligibility).
- Ways to clear a record
- 2
- Automatic relief
- Yes
Which records can be cleared in Michigan
Set aside (commonly called expungement) — A set-aside removes the conviction from public view: for most purposes the law treats you as not convicted. The Michigan State Police keep a nonpublic record that courts, police, prosecutors and a few agencies can still use.
Michigan has 2 ways to clear a record. Each covers different records and has its own waiting period.
Application to Set Aside Conviction(s) (MCL 780.621)
Misdemeanor and felony convictions from Michigan courts, including a first-offense OWI and deferred-and-dismissed cases (which count as misdemeanors for eligibility). Up to 3 felonies in total; unlimited misdemeanors.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Misdemeanor (not a serious misdemeanor, assaultive crime or OWI) | 3 years You may apply 3 years after your sentence, jail time and probation are all finished. | The last of: sentencing, end of jail, or end of probation |
Serious misdemeanor(s) or one first-offense OWI | 5 years You must wait 5 years after the last of: sentencing, probation, parole or prison ends. | The last of: sentencing, end of probation, discharge from parole, or end of imprisonment |
One felony | 5 years You may apply to set aside a single felony 5 years after the last part of your sentence ends. | The last of: sentencing, end of probation, discharge from parole, or end of imprisonment |
More than one felony | 7 years To set aside more than one felony you must wait 7 years after the last part of the sentence ends. | The last of: sentencing, end of felony probation, discharge from parole, or end of imprisonment |
Prostitution offense committed as a human-trafficking victim | No waiting period You may apply at any time. | Conviction |
- Not eligible
- Felonies punishable by life (or attempts); CSC 1st, 2nd and 3rd degree and assault with intent to commit CSC; CSC 4th degree on or after Jan. 12, 2015; second-degree child abuse; abuse of a vulnerable adult; child sexually abusive material/activity; using a computer to commit certain crimes; any OWI except one first offense; traffic offenses causing injury or death or committed in a commercial vehicle; felony domestic violence with a prior DV misdemeanor; human trafficking and terrorism offenses. You must have no pending charges and no new conviction during the waiting period.
- Limits
- No more than 3 felonies total; no more than 2 assaultive crimes in your lifetime; no more than 1 felony for the same offense if it carries more than 10 years; only 1 first-offense OWI. Several offenses within 24 hours from the same transaction count as one (unless assaultive, involving a weapon, or punishable by 10+ years). If denied, wait 3 years to reapply unless the court allows sooner.
Law: MCL 780.621, 780.621b, 780.621c, 780.621d; MCL 750.136d(1)(b), (c)
Source: Official text
Destruction of fingerprints and arrest card after a non-conviction (MCL 28.243)
Arrests that ended in not guilty, not guilty by reason of insanity, dismissal or nolle prosequi.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Not guilty, dismissal or nolle prosequi | No waiting period The court completes and the judge signs a motion to destroy the fingerprints and arrest card. | The disposition |
- Not eligible
- Cases dismissed under deferral programs such as MCL 333.7411 (drug), 762.14 (HYTA), 769.4a (spouse abuse), 750.350a, 750.430, and drug, veterans or mental-health treatment courts.
Law: MCL 28.243
Source: Official text
Clean Slate relief in Michigan
- Law
- Michigan Clean Slate — automatic set-aside
- What is cleared
- Misdemeanors punishable by 92 days or less are set aside 7 years after sentencing (no limit on number). Misdemeanors punishable by 93 days or more (up to 4) are set aside 7 years after sentencing, and felonies (up to 2) 10 years after sentencing or release from prison, whichever is later — only if you have no pending charges and no new conviction in that time. Not automatic: assaultive crimes, serious misdemeanors, crimes of dishonesty, offenses punishable by 10+ years, offenses involving a minor, vulnerable adult, injury or death, human trafficking, any OWI, and people with more than one assaultive conviction. A set-aside can be reinstated if you have not made a good-faith effort to pay restitution.
- Started
- April 11, 2023
- Check your record
- Official status page
Law: MCL 780.621g, 780.621h
What you can say afterwards
After a set-aside you are considered not previously convicted for most purposes, and anyone (other than you or a victim) who knowingly shares or uses information about it can be charged with a misdemeanor. Exceptions: the State Police keep a nonpublic record for courts, police, prosecutors, the Department of Corrections and judicial-branch licensing (such as the State Bar); it can count for charging repeat offenses and sentencing; sex-offender registration duties continue; fines and restitution are not erased; traffic offenses stay on your driving record.
Law: MCL 780.622, 780.623, 780.621c(5)
Cannabis convictions in Michigan
If you were convicted of a misdemeanor marijuana offense (use, possession or paraphernalia) for conduct that would be legal after December 6, 2018, you may apply with form MC 227a. The prosecutor has 60 days to object; if it does not, the court must set the conviction aside within 21 days. If it objects, a hearing is held within 30 days and the prosecutor must prove the conduct would still be a crime.
Law: MCL 780.621e
Juvenile records
Most juvenile adjudications are set aside automatically 2 years after court supervision ends or at age 18, whichever is later, except serious listed offenses. You can also apply to set aside juvenile adjudications 1 year after court jurisdiction ends; there is no MSP processing fee for juvenile applications.
Law: MCL 712A.18t; MCL 712A.18e
Pardons in Michigan
- Who decides
- The Governor, after review by the Michigan Parole Board
- How
- File the Parole Board's Application for Pardon (after parole or discharge) or Application for Pardon or Commutation. Within 60 days the Board decides whether it has merit; it may hold a public hearing and then sends its recommendation to the Governor. If denied, you can reapply after 2 years. A pardon is rare.
Law: Mich. Const. art. 5, § 14; MCL 791.243, 791.244
In nearby states
Steps to clear a record in Michigan
Get your own record
Your record lists each case; you need it to see which remedy fits. Michigan Attorney General — Expungement Assistance (including expungement fairs) and Michigan State Police — Conviction Set Aside Public Information.
See if enough time has passed
Each kind of case has its own waiting period. Waiting periods.
Ask the court
You file the request in the court that handled the case. How to file.
Get help
Ask for free help: Michigan Legal Help (statewide self-help and legal aid finder) and Michigan Attorney General expungement fairs.
Where to get free help in Michigan
Questions about clearing a record in Michigan
What does Michigan call expungement?
Set aside (commonly called expungement). A set-aside removes the conviction from public view: for most purposes the law treats you as not convicted. The Michigan State Police keep a nonpublic record that courts, police, prosecutors and a few agencies can still use.
Can I clear a conviction in Michigan?
Application to Set Aside Conviction(s): Misdemeanor and felony convictions from Michigan courts, including a first-offense OWI and deferred-and-dismissed cases (which count as misdemeanors for eligibility). Up to 3 felonies in total; unlimited misdemeanors. Destruction of fingerprints and arrest card after a non-conviction: Arrests that ended in not guilty, not guilty by reason of insanity, dismissal or nolle prosequi.
Does Michigan clear records automatically?
Misdemeanors punishable by 92 days or less are set aside 7 years after sentencing (no limit on number). Misdemeanors punishable by 93 days or more (up to 4) are set aside 7 years after sentencing, and felonies (up to 2) 10 years after sentencing or release from prison, whichever is later — only if you have no pending charges and no new conviction in that time. Not automatic: assaultive crimes, serious misdemeanors, crimes of dishonesty, offenses punishable by 10+ years, offenses involving a minor, vulnerable adult, injury or death, human trafficking, any OWI, and people with more than one assaultive conviction. A set-aside can be reinstated if you have not made a good-faith effort to pay restitution.
Can a marijuana record be cleared in Michigan?
If you were convicted of a misdemeanor marijuana offense (use, possession or paraphernalia) for conduct that would be legal after December 6, 2018, you may apply with form MC 227a. The prosecutor has 60 days to object; if it does not, the court must set the conviction aside within 21 days. If it objects, a hearing is held within 30 days and the prosecutor must prove the conduct would still be a crime.
Can juvenile records be cleared in Michigan?
Most juvenile adjudications are set aside automatically 2 years after court supervision ends or at age 18, whichever is later, except serious listed offenses. You can also apply to set aside juvenile adjudications 1 year after court jurisdiction ends; there is no MSP processing fee for juvenile applications.
What can I say after my record is cleared in Michigan?
After a set-aside you are considered not previously convicted for most purposes, and anyone (other than you or a victim) who knowingly shares or uses information about it can be charged with a misdemeanor. Exceptions: the State Police keep a nonpublic record for courts, police, prosecutors, the Department of Corrections and judicial-branch licensing (such as the State Bar); it can count for charging repeat offenses and sentencing; sex-offender registration duties continue; fines and restitution are not erased; traffic offenses stay on your driving record.