Michigan: Adult Convictions (MI-C-3)

A misdemeanor conviction for criminal sexual conduct entered before January 12, 2015, can be set aside if the petitioner meets a certain criteria, and if the individual has not been convicted of another offense other than 2 minor offenses. Mich. Comp. Laws § 780.621(1)(a)-(d). Convictions that are deferred and dismissed are considered misdemeanor convictions for determining eligibility under this act. Mich. Comp. Laws § 780.621(2).

Record Detail(s)

Misdemeanor

Decriminalized

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Set Aside

Ineligible Category or Citation

This provision applies only to violations or attempted violations of section 750.520e (Criminal Sexual Conduct in the Fourth Degree) before January 12, 2015. Mich. Comp. Laws § 780.621.

Procedure General

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

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

There is no waiting period.

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