A criminal record can follow you for decades — costing you jobs, housing, and professional licenses long after a sentence is served. Michigan's expungement law, formally called setting aside a conviction, and the state's newer Clean Slate reforms have significantly expanded who qualifies to clear their record. If you have an old conviction, it is worth finding out whether you are eligible.
What Expungement (Set-Aside) Actually Does
When a conviction is set aside, it is removed from the public record. Most employers, landlords, and licensing boards running a standard background check will no longer see it. It is not the same as the conviction never having happened — certain law enforcement and court agencies can still access a set-aside record — but for nearly every practical purpose in daily life, your record is clean.
What's Generally Eligible
Michigan law allows most misdemeanors and a significant number of felonies to be set aside, including multiple offenses on a person's record. Some categories remain excluded or limited, including most offenses involving serious injury, many criminal sexual conduct offenses, human trafficking, and crimes carrying a possible life sentence. A single OWI conviction can now be set aside in many cases, but only once in a lifetime and only if it did not involve injury or death. Because eligibility rules are detailed and offense-specific, the only reliable way to know where your record stands is to have it reviewed.
Waiting Periods
You cannot apply the moment your sentence ends. Michigan requires a waiting period after you complete all sentencing terms — including probation, fines, and any incarceration — before a conviction becomes eligible, and the length of that wait depends on the severity of the offense. Generally, less serious misdemeanors have shorter waiting periods than felonies, and certain assaultive or firearm-related offenses carry longer waits.
"A conviction from years ago can still cost you a job interview today — but for many people, the record standing in the way is legally eligible to come off."
Automatic Set-Aside vs. Filing a Petition
Since Michigan's Clean Slate reforms took effect, many eligible misdemeanor and felony convictions are set aside automatically after enough years pass without a new conviction — no petition required. But automatic set-aside does not cover everyone or every offense, and it can take years longer than filing your own petition. If you qualify now and do not want to wait for the automatic process, you can file a petition yourself once your waiting period has passed.
The Petition Process
Filing your own petition involves submitting the application to the court that handled your case, notifying the prosecutor's office, and in most cases attending a hearing where a judge decides whether to grant the set-aside. Errors in the paperwork, missed notice requirements, or an incomplete criminal history disclosure can delay or derail a petition — which is where experienced counsel makes the process faster and more reliable.
Why It Matters
A cleared record can open doors that stayed closed for years: job applications that no longer trigger an automatic rejection, professional licenses that were previously out of reach, housing applications that go smoothly, and simple peace of mind. If a past conviction is still following you, it is worth a conversation to find out exactly where you stand.
Find Out If You Qualify
Every criminal record is different, and eligibility depends on the exact offenses, dates, and sentencing terms involved. At Mumen Barlaskar Law Firm PLLC, we review records, explain your options in plain language, and handle the petition process from start to finish. We serve clients across Southeast Michigan in English, Bangla, and Arabic — call for a free, confidential consultation.
Frequently Asked Questions
How long do I have to wait before I can expunge a conviction in Michigan?
It depends on the offense. Less serious misdemeanors generally have shorter waiting periods than felonies, and certain assaultive or firearm-related offenses carry longer waits. An attorney can tell you the exact waiting period for your record.
Will my expunged conviction really disappear?
A set-aside conviction is removed from the record the public and most employers, landlords, and licensing boards see. Certain law enforcement and court agencies retain limited access, but for practical purposes your record is clean.
Do I have to wait for Michigan's automatic Clean Slate process, or can I file myself?
If you meet the waiting period and eligibility requirements, you can file your own petition rather than waiting for the automatic process, which can take significantly longer.