Michigan: Adult Convictions (MI-C-2)

Records relating to three felony offenses can be set aside by the convicting court seven or more years after whichever of the following events occurs last: imposition of the sentence for the convictions, completion of any term of felony probation imposed for the convictions, discharge from parole imposed for the convictions, or completion of any term of imprisonment imposed for the convictions. Mich. Comp. Laws § 780.621(1)(c); Mich. Comp. Laws § 780.621d(1).

Record Detail(s)

Felony

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Set Aside

Ineligible Category or Citation

See subsection (1)(c) of Mich. Comp. Laws § 780.621 and section 780.621b 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 7 years or more after the completion of the sentence, imprisonment, parole, or probation, whichever occurs later. Mich. Comp. Laws § 780.621d(1).

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