How to Get a Felony Expunged in Michigan

In short, yes, expunging a conviction in Michigan is possible under certain conditions. Michigan’s “Clean Slate” legislation, which went into effect in 2021, expanded eligibility for expungement within the state.

The Clean State legislation operates generally as follows:

• Eligibility: Up to three felony convictions can be expunged, excluding any felony conviction punishable by life imprisonment
  • It is important to note that the waiting period is five years for a single felony and seven years for multiple felonies
• Automatic Expungements: There are some convictions that may qualify for automatic felony expungement without the need to file a petition
• Exceptions: Serious felonies, such as those involving firearms or sexual offenses, are generally not eligible for expungement in Michigan

It is important to first understand the concept of criminal cases and convictions before you can fully understand the process of obtaining an expungement. A criminal conviction is essentially a formal judgment of guilt by an individual that is entered by a court. A criminal conviction on a person’s criminal record can result in them facing many problems in the future.

For example, criminal convictions may impact:

• A person’s ability to secure or maintain employment
• A person’s right to obtain professional licensing
• A person’s ability to secure housing, as landlords often check criminal records and may deny rental applications based on criminal charges or convictions
• A person’s ability to obtain an education, as some academic institutions may refuse admission or deny financial aid to individuals with criminal records
• A person’s right to vote in local or national elections
• A person’s right to obtain or carry a firearm

Importantly, if a criminal case does not result in a formal conviction, the record of the person’s arrest and the accompanying criminal prosecution will generally remain on that person’s criminal record. Their arrest record will also remain and may often impact a person’s life, similar to a formal conviction. That is why Michigan allows individuals also allows individuals who were not convicted to seek an expungement, including people who had a felony charge.

Factors Influencing Felony Expungement

Navigating the expungement process in Michigan can often be complex due to various influencing factors that may influence a person’s ability to obtain a felony expungement, including:

• Type of Felony: As mentioned, violent felonies, sexual offenses, and crimes against minors are generally not eligible for expungement
• Number of Convictions: The number of felony convictions on your record matters, as Michigan only allows up to three felony convictions to be expunged, with certain restrictions
• Waiting Period: There is a mandatory waiting period before you can apply for expungement, which is five years for a single felony, seven years for multiple felonies, and three years for misdemeanors
• Compliance with Court Orders: You must have complied with all court orders, including paying fines, fees, restitution, and completing probation prior to being eligible
• Subsequent Criminal Activity: No new criminal offenses should have been committed during the waiting period
• Judicial Discretion: Ultimately, the decision to grant an expungement lies with the judge, who will consider factors such as your behavior since the conviction, the nature of the crime, and the impact on public safety
• Fees and Documentation: As mentioned above, felony expungement applicants must submit a Certificate of Eligibility from the Michigan State Police, a fingerprint card, and a processing fee before an expungement can be considered
  • Fingerprinting typically costs around $10 to $15, certified copies of your conviction records from the court can cost around $10 to $20 per copy, and there is a $50 fee payable to the State of Michigan, which must be submitted as a money order or cashier’s check

Which Felonies Can Be Expunged?

As mentioned above, only certain felonies are eligible for expungement in Michigan. Felonies that are not punishable by life imprisonment and do not involve assaultive crimes, dishonesty, or offenses with a potential jail sentence of more than 10 years are all eligible to be expunged.

Further, any of those felony convictions can be automatically expunged after 10 years from the date of the sentence or release from imprisonment, whichever is later. However, there must be no convictions during the eligibility period for automatic expungement.

Finally, there are limitations on the felonies that can be expunged. Only up to three felony convictions can be expunged. However, multiple felonies that occurred during the same 24-hour period count as one felony under the “One Bad Night Rule.”

Once again, violent felonies, sexual offenses, and crimes against minors are generally not eligible for expungement under Michigan’s “Clean Slate” legislation. The state considers those types of crimes as too severe to be cleared from someone’s record.

The Process of Expunging a Felony

Under Michigan’s “Clean Slate” legislation, the expungement process involves the following steps:

• Check Eligibility: First, you must verify that your conviction qualifies for expungement under the Clean Slate law, which includes ensuring that the required waiting period has passed (five years for a single felony, seven years for multiple felonies, and three years for misdemeanors)
• Obtain Records: Next, you must obtain certified copies of your conviction record from the court where the conviction occurred
• Complete Application: Then, you must fill out the Application to Set Aside Conviction form, which is available on the Michigan State Court Administrative Office’s website
  • That form will require detailed information about your conviction and criminal history
• File Petition: Next, you must then file the completed application with the court and serve copies on the Michigan Attorney General and the original prosecutor
• Submit Fingerprints: Then, you need to submit your fingerprints to the Michigan State Police for a background check
• Attend Hearing: After that, you will attend a hearing where you must demonstrate that setting aside the conviction serves justice and public welfare
  • It is often recommended to consult with an attorney and have legal representation during this period, as that can be helpful to present evidence effectively
• Receive Decision: If the court grants your expungement, your conviction will be then be removed from public access, significantly improving opportunities for employment, housing, and education

If a Felony Is Expunged, Does That Mean It Is Totally Erased From My Record?

As mentioned above, when a felony is expunged in Michigan, it is sealed from public view. However, an expunged felony does not mean it is completely erased from your record. Instead, expungement essentially seals the record from public view, making it inaccessible during standard background checks.

Still, this can greatly improve opportunities for employment, housing, and other aspects of your life. An expunged record will still exist and can be accessed under certain circumstances, such as:

• Law Enforcement: Police, prosecutors, and other criminal justice agencies can still access the expunged record for law enforcement purposes
• Certain Licenses: When applying for certain professional licenses, you may still be required to disclose expunged convictions
• Military: Expunged records are also still accessible to the military for background checks and other official purposes

Importantly, you are legally allowed to deny the existence of any expunged record in almost every case, such as on a job application.

Which Felonies Are Not Eligible for Expungement?

In Michigan, there are several categories of felonies that are typically not eligible for expungement, including

• Violent crimes, such as assault, battery, and any offense involving violence against another person
  Sexual offenses, including sexual battery, lewd or lascivious behavior, sexual misconduct, and similar crimes
• Crimes against minors, including offenses involving child abuse, child neglect, or exploitation of children
  Serious drug offenses, including trafficking or manufacturing controlled substances
• Criminal acts that involve the use or possession of firearms
• Repeat offenses, as individuals with prior convictions or those who have already received an expungement, are generally not eligible

Do I Need an Attorney for Help With Felony Expungement?

If you have received a felony charge or have been convicted of a felony and would like to seek felony expungement in Michigan, it is recommended to consult with a Michigan expungement lawyer. LegalMatch can assist you in setting up an initial legal consultation with a local Michigan lawyer near you.

An expungement attorney will be able to help you understand Michigan’s specific laws on felony expungement, including ensuring that you are eligible for an expungement. They can also help you file any necessary legal documents, as well as represent you at any in-person court hearing.