Cleaning Up Criminal Records: Expungement
Michigan's adult expungement law has been amended as of January 12, 2015 to potentially permit more people to have their criminal records expunged. Prior to the amendment, a person could only have a conviction expunged if he or she had no more than one conviction and an additional two "minor offenses." Under the new law, a person can petition to set aside one felony conviction if he or she has been convicted of not more than one felony and not more than two misdemeanors. In addition, a person can petition to set aside one or two misdemeanors if he or she has been convicted of not more than two misdemeanors and no felonies.
The following convictions may never be set aside:
- A felony or attempt to commit a felony for which the maximum punishment is life imprisonment
- Child abuse in the second degree
- Production or possession of child pornography
- Second degree criminal sexual conduct
- Third degree criminal sexual conduct
- Assault with the intent to commit criminal sexual conduct
- Fourth degree criminal sexual conduct conviction after January 12, 2015
- A traffic offense, including operating a vehicle while intoxicated
- Felony conviction for domestic violence, if the person has a previous misdemeanor for domestic violence
- Human trafficking offenses
- Terrorism offenses
Under the amended expungement law, if you petition to have a conviction set aside and your petition is denied, you cannot bring another petition for three years. If you think you may be eligible to have a conviction expunged, consider seeking legal advice before you petition to have the conviction set aside.
Amendment to the Michigan expungement statute for adults: 2014 PA 463
This Public Act amends the Michigan expungement statute and expands eligibility to have a conviction set aside.
Michigan expungement statute for adults: MCL 780.621.amended et. seq.
This is the current version of the Michigan expungement statute published in the Michigan Compiled Laws. It does not include the amendment in 2014 PA 463, effective January 12, 2015.
- Federal offenses generally cannot be expunged. The only federal offenses which can be expunged are certain drug possession offenses for person under the age of 21.
The forms for setting aside adult convictions are no longer accurate under the amended expungment law. New forms are expected from the SCAO in June 2015.
- Individuals with only one conviction which is at least five years old may be eligible to expunge their criminal record. This packet provides information on eligibility for expungement of Michigan convictions and includes the necessary court forms.
- A sample brief in support of a petition for expungement.
- Sample brief.
- A sample brief for expungement where a client has a single adult conviction and several juvenile adjudications.
- Prosecutors are likely to oppose and courts are reluctant to grant expungements where significant amounts of restitution are owing. If an applicant cannot pay off the restitution before seeking an expungement, it is recommended that the applicant enter into a payment agreement with the party to whom restitution is owed, and solicit support from that party for an expungement. This brief and attached payment agreement are an example of how that can be done.
- Sets out argument that courts may not deny an expungement solely based on the nature of the underlying offense.
- Response to Prosecutor's request to appeal expungement, where the Court incorrectly granted expungement but Prosecutor failed to timely challenge the initial request for expungement.
- Contains links to expungement and criminal history information for most states.
- This is a searchable state-by-state database of collateral consequences of conviction and methods of relief, managed by the American Bar Association. The website also provides a user guide and a bibliography of other resources on collateral consequences.
- It is common for individuals in MI to have convictions from Indiana. This link provides information on expunging Indiana convictions.
| Other pages in this section: Obtaining Criminal Records - Correcting Inaccurate Criminal Records - Removing Arrest Information That Did Not Result in Conviction - Deferrals and Dismissals for Specified Offenses - Pardons - Getting Damages for Inaccurate Records- Juvenile Records|
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