Michigan: Adult Convictions (MI-C-11)

Records relating to one or more serious misdemeanor convictions, first violation operating while intoxicated offense, or one felony conviction may be set aside by the convicting court five or more years after whichever of the following events occurs last: imposition of the sentence, completion of probation, discharge from parole, or completion of any term of imprisonment imposed for the conviction. Mich. Comp. Laws § 780.621d(2).

Record Detail(s)

Misdemeanor

First offense

Felony

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Set Aside

Ineligible Category or Citation

See 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 5 years or more after the completion of the sentence, imprisonment, parole, or probation, whichever occurs later. Mich. Comp. Laws § 780.621d(2).

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