Michigan’s Clean Slate Act gives hope for a new future to individuals who previously faced barriers to employment, housing, and other opportunities who were held back by the stigma of a criminal conviction. Under the new law, a person convicted of certain misdemeanor and felony offenses in Michigan may apply or have them automatically removed from their public record.  Up to three felony convictions are eligible for expungement. 

The number of convictions eligible for expungement depends on whether they are misdemeanors or felonies and the time when they occurred. You cannot ask a judge to set aside any convictions if you have more than three felonies and/or high misdemeanors.  However, there is an exception in the law called the “One Bad Night” rule, which treats multiple convictions that occur within 24 hours as one for purposes of expungement.

Most misdemeanors are eligible for expungement. Convictions for high misdemeanors are treated as felonies, and convictions for operating while intoxicated or visibly impaired by alcohol or drugs are ineligible for expungement.  Only one felony conviction that is punishable by more than ten years imprisonment may be set aside.  And only two convictions for an assaultive crime may be set aside.  In addition, the following offenses are not eligible to be set aside:

The waiting period to set aside your conviction depends on how many convictions you have. The time begins from the date of completion of any term of probation, discharge from parole, or release from imprisonment, whichever is latest for the conviction being expunged.

If your application is denied, you must wait three years to file another petition with the convicting Court asking them to set aside your conviction. In some cases, the Court can specify an earlier date for filing a subsequent application, which must be included in the Court’s Order denying your request.