A Michigan domestic violence conviction will not expunge itself. The 2020 Clean Slate reforms automatically set aside many eligible misdemeanors and felonies after a waiting period — but assaultive offenses, including domestic violence, are specifically excluded from that automatic process under MCL 780.621g. If you want a DV conviction off your record, you have to apply for it, and you have to convince a judge.
It can be done. I have handled set-aside applications throughout West Michigan, and the firm’s record on expungements is one of the things I am proudest of. But you should walk in knowing that this is a contested proceeding, not paperwork.
Why Domestic Violence Is Treated Differently
Michigan’s Clean Slate framework sorts convictions into what comes off by itself and what has to be asked for. Assaultive crimes fall in the second bucket. Beyond that, having more than one assaultive conviction on your record disqualifies you from having any of your convictions automatically set aside — so a single DV conviction can quietly block relief on unrelated offenses.
The Waiting Period
Domestic assault under MCL 750.81(2) is classified as a "serious misdemeanor." That classification drives the timing:
- Serious misdemeanor (including domestic assault): 5 or more years must pass before the application may be filed.
- Felony (including a third-offense DV under MCL 750.81(5) or a repeat aggravated DV under MCL 750.81a(3)): 7 or more years.
The clock runs from whichever of these happens last: imposition of sentence, completion of probation, completion of any term of imprisonment, or discharge from parole. People routinely miscalculate this by counting from the conviction date instead of from the end of probation, and file years too early.
The Lifetime Caps
Michigan limits how much assaultive history can ever be cleared. No more than two assaultive crimes may be set aside in a lifetime, and no more than three felonies in total. If you have a string of domestic violence convictions, the arithmetic matters — which one you seek to clear first is a strategic decision, not an obvious one.
The Victim Gets Notice
Because domestic assault is both an assaultive crime and a serious misdemeanor, the prosecuting attorney is required to notify the victim of your application. The victim may appear at the hearing and make a statement. This is the single biggest practical difference between a DV expungement and, say, a retail fraud expungement — there is a person on the other side with a statutory right to be heard, and the application has to be prepared with that in mind.
What Persuades a Judge
The court decides whether setting aside the conviction is consistent with the public welfare. What actually moves that needle:
- Time since the offense, with a clean record throughout.
- Completion of counseling or a batterer intervention program — and evidence of what you took from it.
- Steady employment, education, military service, treatment for the underlying issues (alcohol is a factor in a large share of these cases).
- A concrete reason it matters now: a job, a professional license, housing, a custody matter.
- Honest acknowledgment. Judges respond poorly to applications that relitigate the original case.
What Expungement Does Not Fix
Set aside your DV conviction and it comes off the public record — but understand the limits. A nonpublic record is retained and remains accessible to law enforcement, courts, and prosecutors. And a set-aside is a matter of state law: it does not automatically undo the lifetime federal firearms prohibition under 18 U.S.C. § 922(g)(9), which turns on federal definitions and requires its own analysis. See gun rights after a DV conviction before you assume an expungement restores them.
The Better Option, If You Are Not Convicted Yet
If you are reading this because you are currently charged rather than convicted, stop here and read about the MCL 769.4a deferral instead. A first-time offender who completes a deferral never gets a public conviction in the first place — no five-year wait, no contested hearing, no victim notification years later. Avoiding the conviction is dramatically easier than removing it. Start with my first-offense domestic violence page.
For convictions other than domestic violence, see my Grand Rapids expungement page.
Frequently Asked Questions
Can a domestic violence conviction be expunged in Michigan?
It can be set aside by application, but not automatically. Michigan’s Clean Slate law excludes assaultive crimes — which includes domestic violence — from the automatic set-aside process under MCL 780.621g. A DV conviction only comes off your record if you file an application, meet the waiting period, and persuade the judge.
How long do I have to wait to apply to expunge a domestic violence conviction?
Domestic assault under MCL 750.81(2) is a "serious misdemeanor," so the application cannot be filed until 5 or more years after whichever comes last: imposition of sentence, completion of probation, completion of any jail term, or discharge from parole. For a felony domestic violence conviction the wait is 7 years.
Is there a limit on how many assaultive convictions can be set aside?
Yes. No more than two assaultive crimes may be set aside in a person’s lifetime, and a person may have a maximum of three felonies set aside in total. Having more than one assaultive conviction on your record also disqualifies you from the automatic set-aside process for your other convictions.
Does the victim get notified if I apply to expunge a DV conviction?
Yes. When the conviction is for an assaultive crime or a serious misdemeanor, the prosecuting attorney must notify the victim of your application, and the victim has the right to be present at the hearing and to make a statement. This is one reason DV expungements are contested more often than other set-aside applications.
Talk to Me Before You Talk to Anyone Else
I am Shawn Haff, and I defend domestic violence cases across Kent, Ottawa, Allegan, Barry, Ionia, Muskegon, Newaygo, and Van Buren counties. The call is free, I answer my own phone, and the earlier I am involved the more options you have. Call 616-438-6719 or send me a message.