How long you wait to clear a record in Michigan
How long you wait in Michigan for each kind of case, and what the waiting period is counted from.
Checked against official sources: October 25, 2026.
Short answer
These are the waiting periods in Michigan law. Each one runs from a set event, like the end of your sentence.
- Main remedy
- Application to Set Aside Conviction(s) (MCL 780.621)
- Waiting periods
- Misdemeanor (not a serious misdemeanor, assaultive crime or OWI): 3 years, counted from the last of: sentencing, end of jail, or end of probation
Serious misdemeanor(s) or one first-offense OWI: 5 years, counted from the last of: sentencing, end of probation, discharge from parole, or end of imprisonment
One felony: 5 years, counted from the last of: sentencing, end of probation, discharge from parole, or end of imprisonment
Michigan waiting period helper
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
Waiting periods: 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
Source: Official text
Waiting periods: 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
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.
Source: a first-offense OWI can be set aside only by application
April 11, 2023
Law: MCL 780.621g, 780.621h
In nearby states
- Wisconsin: Eligible offense, judge ordered expungement at sentencing: No waiting period, counted from successful completion of the sentence
- Ohio: Found not guilty or case dismissed: No waiting period, counted from the not-guilty finding or dismissal
- Indiana: Arrest, charge dismissed or acquitted (petition): 1 year, counted from the date of arrest, charge or juvenile allegation, whichever is later
What to do now in Michigan
Check your dates
Use the dates on your court papers, not your memory.
Read the full rule
Some offenses are never eligible, and a new case can restart or stop the clock.
Prepare your petition
When the waiting period has passed, you can prepare your request. How to file.
Ask for free 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 waiting periods in Michigan
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.
How long do I have to wait in Michigan?
Misdemeanor (not a serious misdemeanor, assaultive crime or OWI): 3 years, counted from the last of: sentencing, end of jail, or end of probation; Serious misdemeanor(s) or one first-offense OWI: 5 years, counted from the last of: sentencing, end of probation, discharge from parole, or end of imprisonment; One felony: 5 years, counted from the last of: sentencing, end of probation, discharge from parole, or end of imprisonment; More than one felony: 7 years, counted from the last of: sentencing, end of felony probation, discharge from parole, or end of imprisonment.
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.
Is there free help to clear a record in Michigan?
Michigan Legal Help (statewide self-help and legal aid finder) and Michigan Attorney General expungement fairs.