Michigan’s expungement law offers a second chance for those with eligible felony records. Clearing a conviction under the Clean Slate Act can open doors to jobs, housing, and a more stable future. The process takes planning and precision, but with the right steps, it’s within reach.
This article will walk you through the felony expungement process step by step, based on Michigan’s Clean Slate legislation, so you know what’s required, what to expect, and how an attorney can help you avoid delays or denials.
What Felony Expungement Actually Does
Expungement removes a conviction from public view. Once approved, the record won’t appear in most background checks, including those for housing and employment. Police and courts still retain access, but private employers, landlords, and the general public won’t see the felony listed.
This isn’t the same as a pardon, which forgives the conviction. Expungement seals the record and makes it as though the offense never happened for most purposes.
Who Qualifies to Have a Felony Expunged?
General Eligibility Under Michigan’s Clean Slate Law
Michigan law now allows most people with one or more felony convictions to apply for expungement. Some key qualifications include the following:
- You must wait five years after completing all sentencing terms (jail, probation, fines, etc.).
- You must have no pending charges when you apply.
- You cannot have more than three felonies total on your record.
- Only certain felonies are eligible for expungement.
What Counts Toward the Felony Limit?
Michigan lets you expunge up to three felonies and an unlimited number of misdemeanors, but if you have more than three felony convictions, you’re disqualified unless some were part of the same case. The court looks at how convictions were charged and sentenced—not just the date of arrest.
If you were convicted of multiple felonies from a single event, and they were sentenced together, they may be counted as one for expungement purposes. That detail can be the difference between qualifying for expungement or being denied entirely.
Felonies That Can’t Be Expunged
Michigan’s law excludes several offenses from the expungement process. You cannot expunge:
- Any felony carrying a life sentence
- Most criminal sexual conduct (CSC) convictions
- Felony domestic violence if there’s a prior DV conviction
- Terrorism-related offenses
- Certain human trafficking convictions, unless you were a victim
As of February 19, 2022, Michigan allows a first-time OWI (Operating While Intoxicated) conviction to be expunged under limited conditions. Only one OWI offense can be cleared in a lifetime, and any case involving injury or death is not eligible. The waiting period before filing is five years. In contrast, some states, like Colorado, DUI cannot be expunged at all—regardless of the circumstances.
Because exclusions vary and legal terms can be misinterpreted, it’s smart to review your full record with an experienced criminal defense attorney before applying.
How Long You Have to Wait Before Applying
The waiting period for felony expungement in Michigan depends on the type of conviction and how your sentence was completed.
| Type of Conviction | Wait Time After Sentence Completion |
| Single felony | 5 years |
| Multiple felonies | 7 years (if multiple eligible) |
| Felony + 1+ misdemeanors | 7 years |
| Deferred/dismissed cases | May qualify immediately |
Time starts after all parts of the sentence are finished—including probation, jail, and restitution. If you were placed on a payment plan for fines and fees, expungement won’t move forward until those are paid in full.
Steps to Expunge a Felony in Michigan
1. Get Your Complete Criminal Record
Start by obtaining your public criminal history from the Michigan State Police Internet Criminal History Access Tool (ICHAT). This gives you the full picture of what’s on your record and helps confirm eligibility.
You’ll also need a certified record of the conviction you want to expunge. This can be obtained from the court where you were sentenced.
2. Get Fingerprinted
Michigan requires fingerprints as part of the expungement application. You can get fingerprinted at a local law enforcement agency or a certified fingerprint vendor. Make sure they use the correct RI-008 form, which must accompany your application.
3. Complete the Expungement Application
You’ll need to submit Form MC 227 (Application to Set Aside Conviction). The form must include:
- Your personal information
- Conviction details (case number, date, charge, court)
- A list of all prior convictions
- Notarized signature
Make copies of everything you complete and mail the original along with:
- Certified conviction records
- Fingerprint card
- $50 money order to Michigan State Police
- Proof of service to the Attorney General and prosecuting attorney in the original case
4. Serve All Parties
Copies of your application must be sent to:
- The Michigan Attorney General’s Office
- The Prosecutor’s Office in the county where you were convicted
- The Michigan State Police (along with your fingerprint card and fee)
This step is critical because failure to serve all three can delay your hearing or cause the application to be rejected.
5. Attend the Court Hearing
Once your paperwork is accepted and processed, you’ll receive a notice of hearing. The court will review your application and allow the prosecutor or victim (if applicable) to present objections.
At the hearing, be prepared to explain:
- Why you’re seeking expungement
- How you’ve changed since the conviction
- What positive steps you’ve taken (employment, community involvement, etc.)
- Why clearing your record would make a difference
You don’t need to give a speech, but preparation matters. A criminal defense attorney can help you present your case clearly and answer any legal questions the judge might have.
6. Wait for the Judge’s Decision
Some judges issue decisions at the hearing. Others take time to review the case and send a written ruling later. If your expungement is granted, you’ll receive an order sealing the felony from public view.
Once approved, your record will be updated in the Michigan State Police and public court systems. Employers, landlords, and most background check services won’t be able to access the sealed conviction.
Can You Apply Without a Lawyer?
Yes, Michigan allows people to file for expungement without an attorney. That said, the process has multiple technical steps—and missing even one can delay or derail your application.
A skilled criminal defense lawyer can help:
- Confirm that your convictions qualify
- Gather and file the right documents
- Serve the correct agencies
- Prepare you for the court hearing
- Respond to objections from prosecutors
If you’re serious about getting the conviction off your record, working with someone who’s handled expungement petitions before makes the process smoother—and more likely to succeed.
What Happens If the Judge Denies Your Request?
If your expungement is denied, you’ll need to wait at least three years before applying again. That’s why getting it right the first time matters.
You cannot appeal the denial the way you would with a criminal conviction. The process is considered discretionary, meaning the judge isn’t required to approve it even if you meet all the technical qualifications.
Expungement Doesn’t Mean You’re Free of All Restrictions
Even after a felony is expunged, there are limits:
- Federal background checks (especially for immigration or firearm purchases) may still reveal sealed records
- Law enforcement, courts, and some state agencies will still see the full criminal history
- Professional licensing boards may ask about expunged records, depending on the field
Still, the benefits for housing, employment, and day-to-day life are significant.
A Felony Doesn’t Have to Define the Rest of Your Life
A felony doesn’t have to follow you forever. Michigan’s expungement laws give people who’ve served their sentence and stayed out of trouble a chance to clear their name and move forward. Whether you’re looking for a better job, a new place to live, or a second chance in your community, sealing your record may be the key.
If you want help confirming your eligibility or making sure your petition is filed correctly, call the Criminal Defense Law Center of West Michigan at (616) 438-6719. We’ll walk you through the process, answer your questions, and help you take the next step toward a clean slate.