A criminal record can hold you back years after you’ve paid your debt — in job applications, apartment searches, professional licensing and school admissions. Michigan’s Clean Slate laws, which took effect in 2021, greatly expanded who can have a conviction set aside. You may be eligible even if you were told years ago that you weren’t.
Who is eligible to apply
Under Michigan’s set-aside law, many people can apply to clear:
- An unlimited number of misdemeanors, and up to three felonies — with limits on how many assaultive offenses can be cleared.
- One first-offense OWI conviction.
- Marijuana convictions for conduct that would be legal today.
- Multiple felonies arising from the same incident, which in many cases can be treated as a single conviction.
Some convictions cannot be set aside, including offenses punishable by life in prison, most criminal sexual conduct convictions, and certain traffic offenses.
Waiting periods
| Type of conviction | Wait before applying (generally measured from sentencing, probation, or release, whichever is last) |
|---|---|
| Most misdemeanors | 3 years |
| Serious misdemeanors, or one felony | 5 years |
| One first-offense OWI | 5 years |
| More than one felony | 7 years |
Maximum penalties for a typical first offense under Michigan law. Prior convictions, weapons, injuries and other factors can increase them. Actual sentences are usually far below the maximum and depend on Michigan’s sentencing guidelines and the facts of the case.
The process
- We review your full criminal history to confirm eligibility.
- We obtain certified records and your fingerprints, and file the application with the court that convicted you.
- Copies go to the Michigan State Police and the Attorney General, and the prosecutor can respond.
- The judge holds a hearing and decides whether setting aside the conviction is consistent with the public welfare. We prepare you and present your story.
Frequently asked questions
Can I get a DWI removed from my record in Michigan?
In many cases, yes. Since 2022, Michigan allows a person to apply to set aside one first-offense OWI conviction, generally after a five-year waiting period. Convictions for OWI causing death or serious injury are not eligible.
What does expungement actually do?
A set-aside removes the conviction from public records, so it generally won’t appear on most background checks for employment or housing. Law enforcement and some agencies can still see it in limited circumstances.
Isn’t there automatic expungement now?
Yes. Michigan’s automatic set-aside process clears certain eligible misdemeanors after 7 years and certain eligible felonies after 10 years, if there are no new convictions. But it doesn’t cover every conviction, and many people are eligible sooner by applying. We can tell you which path fits your record.