Michigan: Adult Convictions (MI-C-1)

Records relating to one or more misdemeanor convictions, other than an application to set aside a serious misdemeanor, a first violation operating while intoxicated offense, or any other misdemeanor conviction for an assaultive crime may be set aside by the convicting court three or more years after whichever of the following events occur last: imposition of the sentence, completion of any term of imprisonment, or completion of probation imposed for the convictions. Mich. Comp. Laws § 780.621d(3).

Record Detail(s)

Misdemeanor

First offense

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Set Aside

Ineligible Category or Citation

See subsection 1(b) Mich. Comp. Laws § 780.621 for ineligible offenses.

Procedure General

The petition must be filed in the convicting court. For the specific procedure, see Mich. Comp. Laws § 780.621.

Fees

There is no statutory language regarding fees.

Effect

The person will be considered as never having been convicted, except for registerable sex offenses. Mich. Comp. Laws § 780.622. The court notifies the agencies that hold records of the set-aside. Mich. Comp. Laws § 780.623.

Forms

For an application to set aside a criminal record in Michigan, visit here.

Waiting Periods

The waiting period is three years or after completion of sentence, imprisonment, or probation, whichever is later. Mich. Comp. Laws § 780.621d(3).

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