Michigan: Adult Convictions (MI-C-8)

Records relating to a felony conviction may be set aside after ten years and the conviction or convictions are otherwise eligible to be set aside under MCLS § 780.621. MCLS § 780.621g(2).

Record Detail(s)

Felony

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Set Aside

Ineligible Category or Citation

See exclusions in MCLS § 780.621g(7),(10).

Procedure General

The procedure is automatic. MCLS § 780.621g(2).

Fees

There is no statutory language regarding fees.

Effect

Each court shall notify the arresting law enforcement agency of each conviction on or before the tenth day of each month that is set aside for the preceding month. Each law enforcement agency need not retain and shall make nonpublic the notification that the conviction has been set aside, and the record of the arrest, fingerprinting, conviction, and sentence of the person in the case to which the notification applies. MCLS § 780.621g(1).

Waiting Periods

The waiting period is 10 years since the imposition of the sentence for the conviction, or completion of any term of imprisonment with the department of corrections for the conviction, whichever occurs later. MCLS § 780.621g(2).

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