Can a Sex-Offense Conviction Be Set Aside (Expunged) in Michigan?

Michigan's main sex-offense convictions cannot be set aside, the legal term for what people call expungement. The Setting Aside Convictions Act bars it for first-, second- and third-degree criminal sexual conduct (CSC), assault with intent to commit CSC, and offenses involving child sexually abusive material or use of a computer to commit a crime.^[1] Among the CSC degrees the one opening is a fourth-degree CSC conviction entered before January 12, 2015, on the conditions the statute sets.^[2]

This page sets out which convictions are barred, how the fourth-degree exception works, what the automatic "Clean Slate" process does not reach, and what a set-aside does and does not change.

Which sex-offense convictions can never be set aside?

MCL 780.621c(1) says a person "shall not apply to have set aside, and a judge shall not set aside," a conviction for the offenses it lists.^[1]

Conviction	Can it be set aside?	Why
First-degree CSC	No	A felony for which the maximum punishment is life imprisonment is barred, and first-degree CSC is punishable by life or any term of years[1][7]
Second-degree CSC (MCL 750.520c)	No	Named in MCL 780.621c(1)(b)[1]
Third-degree CSC (MCL 750.520d)	No	Named in MCL 780.621c(1)(b)[1]
Assault with intent to commit CSC (MCL 750.520g)	No	Named in MCL 780.621c(1)(b)[1]
Child sexually abusive activity or material (MCL 750.145c)	No	Named in MCL 780.621c(1)(b)[1]
Using a computer to commit a crime (MCL 750.145d)	No	Named in MCL 780.621c(1)(b)[1]
Human trafficking offenses (MCL 750.462a to 750.462h)	No	Named in MCL 780.621c(1)(f)[8]
Fourth-degree CSC, conviction on or after January 12, 2015	No	MCL 780.621c(1)(c)[2]
Fourth-degree CSC, conviction before January 12, 2015	Possibly	Only under the conditions in MCL 780.621(1)(d)[2]

The bar covers attempts as well: the statute refers to "a violation or attempted violation" of the listed sections and to "an attempt to commit a felony for which the maximum punishment is life imprisonment."^[1]

The list above covers the offenses verified for this guide. A sex-related conviction that is not on it, such as indecent exposure, is not addressed here; whether it can be set aside depends on the general eligibility rules and waiting periods, and a lawyer should check the statute against the exact offense of conviction.

What is the fourth-degree CSC exception?

A person convicted of a violation or attempted violation of the fourth-degree CSC statute "before January 12, 2015 may petition the convicting court to set aside the conviction if the individual has not been convicted of another offense other than not more than 2 minor offenses."^[2]

A "minor offense" is defined narrowly. It is a misdemeanor or ordinance violation for which the maximum term of imprisonment does not exceed 90 days and the maximum fine is not more than $1,000, committed by a person not more than 21 years old.^[2]

One Court of Appeals decision has eased the "no other conviction" condition. In People v Koert (2024) the court held that once another conviction has been set aside, that conviction does not bar the court from setting aside a fourth-degree CSC conviction in a subsequent ruling.^[9]

The offense itself is explained in fourth-degree CSC.

How long is the waiting period?

An application may be filed only after a waiting period: 7 or more years for more than one felony, 5 or more years for one felony or for serious misdemeanors, and 3 or more years for other misdemeanors.^[10] The 7- and 5-year periods run from whichever occurs last: imposition of sentence, completion of probation, discharge from parole, or completion of any term of imprisonment.^[11] The 3-year period does not apply to a misdemeanor conviction for an "assaultive crime," a term the act defines by reference to a list that includes the fourth-degree CSC statute.^[11]

The act's own definition of "felony" matters here. For purposes of the offense to be set aside, a felony is a violation of a Michigan penal law punishable by imprisonment for more than 1 year or designated by law as a felony.^[12] Fourth-degree CSC is labeled a misdemeanor but is punishable by imprisonment for not more than 2 years.^[13] This guide found no court decision stating which waiting period applies to it; that is a point to check with a lawyer.

The court cannot grant an application if charges are pending or the applicant was convicted of any offense during the waiting period, and after a denial the applicant must wait 3 years to file again.^[10]

Is a set-aside automatic if the conditions are met?

No. The statute describes setting aside a conviction as "a privilege and conditional and is not a right."^[5] The court may grant the application only if the applicant's circumstances and behavior warrant it and setting the conviction aside is consistent with the public welfare.^[5]

Victims have a role. For an assaultive crime or serious misdemeanor, the prosecuting attorney must notify the victim, who may make a written or oral statement.^[5] Rights of complainants and survivors are covered in rights of sexual assault survivors.

Does the "Clean Slate" automatic process reach sex offenses?

No. MCL 780.621c(2) says the prohibition on setting aside the listed convictions "upon application also applies to the setting aside of convictions without application."^[3]

Does a set-aside end sex offender registration?

This is unresolved. Three statutes speak to it, and they do not agree.^[4]

• The Setting Aside Convictions Act, MCL 780.622(3), says that when a listed-offense conviction is set aside, "the applicant is considered to have been convicted of that offense for purposes of that act," meaning the registration act.^[4]
• The registration act's definition, MCL 28.722(a)(i), says "Convicted does not include a conviction that was subsequently set aside under 1965 PA 213, MCL 780.621 to 780.624, or otherwise expunged."^[4]
• The registration act, MCL 28.725(16), says that in that situation the person's registration "must be discontinued" and the State Police shall remove the individual from both the law enforcement database and the public internet website.^[4]

No court decision reconciling these provisions was found in the research for this guide.^[4] A willful registration violation is a felony, so the unresolved conflict is a question to put to a lawyer before relying on either reading.^[14]

The registration act has its own, separate routes off the registry, which do not depend on a set-aside. They are covered in petitioning to be removed from the registry and Michigan's "Romeo and Juliet" provisions. On September 9, 2026 the Michigan Supreme Court held that the 2021 registration law may not be applied to people whose offenses were committed before the 2011 amendments.^[15] That ruling concerns registration, not whether a conviction can be set aside. See the court rulings that reshaped the registry.

What does a set-aside not erase?

A conviction that has been set aside "may be considered a prior conviction by court, law enforcement agency, prosecuting attorney, or the attorney general, as applicable, for purposes of charging a crime as a second or subsequent offense or for sentencing" under the habitual-offender provisions.^[6] The act also does not relieve any obligation to pay restitution owed to the victim.^[6]

On firearms, Michigan's felon-in-possession statute does not apply to a conviction that has been expunged or set aside, unless the order expressly provides that the person shall not possess a firearm or ammunition.^[16] See firearm rights after a conviction.

Federal immigration law applies its own definition of "conviction."^[17] The effect of a Michigan set-aside on immigration status was not researched for this guide; see immigration consequences.

What about youthful trainee cases and juvenile adjudications?

A case resolved under the Holmes Youthful Trainee Act is different from a set-aside. If trainee status is completed, the court discharges the individual and dismisses the proceedings, and the assignment is not a conviction for a crime.^[18] That act is closed to most CSC offenses.^[19] See HYTA and sex offenses.

Juvenile adjudications have their own set-aside statute. An adjudication for an offense that would be a felony punishable by life if committed by an adult cannot be set aside under it.^[20] For other adjudications, eligibility is limited by the number of offenses and the absence of any felony conviction, and an application cannot be filed until 1 year after the court's jurisdiction ends.^[21] See when the accused is a juvenile.

Is there relief for people who were trafficked?

The act has a provision for victims of human trafficking. A person convicted of a violation of MCL 750.448, 750.449 or 750.450 (prostitution-related offenses), or a substantially corresponding local ordinance, "may apply to have that conviction set aside if the person committed the offense as a direct result of the person being a victim of a human trafficking violation."^[22] Such an application may be filed at any time after the conviction. The applicant must prove by a preponderance of the evidence that the conviction was a direct result of being a victim of human trafficking, and the court then may set the conviction aside if it also finds that the applicant's circumstances and behavior warrant it and that doing so is consistent with the public welfare.^[23] The provision is limited to those prostitution-related convictions; it does not reach CSC convictions.^[22][1]

Convictions for human trafficking offenses themselves are on the barred list.^[8] The underlying laws are explained in sex trafficking laws and prostitution and solicitation laws.

What people get wrong

• "A sex offense can be expunged after five years." First-, second- and third-degree CSC, assault with intent, and offenses under MCL 750.145c and 750.145d can never be set aside.^[1]
• "Fourth-degree CSC is a misdemeanor, so it clears like any other." Only a conviction entered before January 12, 2015 is eligible, and only with an otherwise nearly clean record.^[2]
• "Expungement takes a person off the registry." The statutes conflict and no court ruling resolving them was found.^[4]
• "Once it is set aside, it is gone for all purposes." It can still be counted as a prior conviction for charging and sentencing.^[6]

This page does not cover pardons or commutation, for which no primary source was read. Employment and licensing effects of a conviction are covered in professional licenses and employment.