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Clearance policy overview Records relating to an adjudication that, if committed by an adult, would be theft and use of, or attempted theft and use of, a motor vehicle will be set aside if the person is not subject to a disqualifying event. Mich. Comp. Laws § 712A.18e(10)(a). Records relating to a prostitution-related offense will be set aside if the person committed the offense as a direct result of being a victim of human trafficking and is not subject to a disqualifying event. Mich. Comp. Laws § 712A.18e(10)(b). Records relating to a first violation operating while intoxicated conviction may be set aside. MCLS § 780.621c(3)-(4). Records relating to three felony offenses can be set aside by the convicting court seven or more years after whichever of the following events occurs last: imposition of the sentence for the convictions, completion of any term of felony probation imposed for the convictions, discharge from parole imposed for the convictions, or completion of any term of imprisonment imposed for the convictions. Mich. Comp. Laws § 780.621(1)(c); Mich. Comp. Laws § 780.621d(1). Records relating to cases for which the defendant was granted youthful trainee status, and which were dismissed upon final release become nonpublic. Mich. Comp. Laws § 762.14(1). Prostitution-related convictions can be set aside if the offense was committed as a direct result of the petitioner being a victim of human trafficking. Mich. Comp. Laws § 780.621(3). Records relating to a misdemeanor conviction for which the maximum punishment is imprisonment for not more than 92 days may be set aside if 7 years have passed from the imposition of the sentence. MCLS § 780.621g(1). Records relating to a misdemeanor conviction for which the maximum punishment is imprisonment for 93 days or more may be set aside if 7 years have passed from the imposition of the sentence. MCLS § 780.621g(4). Records relating to a felony conviction may be set aside after ten years and the conviction or convictions are otherwise eligible to be set aside under MCLS § 780.621. MCLS § 780.621g(2). A person convicted of one or more misdemeanor marijuana offenses may apply to set aside the convictions. MCLS § 780.621e(1). Records relating to a first-time controlled substance case may be dismissed after the successful completion of probation. Mich. Comp. Laws § 333.7411(1), (3). Records relating to a first-time domestic violence case dismissed after the successful completion of probation become nonpublic. Mich. Comp. Laws § § 769.4a(1), (5). Records relating to a first-time underage drinking case that is dismissed upon the successful completion of probation become nonpublic. Mich. Comp. Laws § 436.1703(1), (3). Records regarding a first-time kidnapping-by-parent case that is dismissed after the successful completion of probation becomes nonpublic. Mich. Comp. Laws § 750.350a(4). Records regarding a first-time case against a health care provider practicing under the influence that is dismissed after the successful completion of probation become nonpublic. Mich. Comp. Laws § 750.430(9). Records relating to a case dismissed after the successful completion of a drug court treatment program become nonpublic. Mich. Comp. Laws § 600.1076. Records of biometric data taken at arrest will be immediately destroyed if the person arrested is released without charges. Mich. Comp. Laws § 28.243(7). Records of biometric data taken at arrest from a person with no prior felony conviction will be destroyed upon a finding of not guilty or nolle prosequi. The records of biometric data can be destroyed upon such finding for a person with a prior conviction. Mich. Comp. Laws § § 28.243(8), (10). Arrest records, all biometric data, and fingerprints are expunged, or destroyed, or both, when charges are dismissed before trial, unless the judge or prosecutor objects within 60 days. Mich. Comp. Laws § 28.243(8). Identification data of a person will be destroyed when charges are dismissed before a determination of probable cause, or when no charges are filed and no indictment is returned, if the person has not been convicted of a felony or gross misdemeanor in the past 10 years. Minn. Stat. § 299C.11(b).
Ineligible Category or Citation Only offenses listed in Mich. Comp. Laws § 712A.18e(10)(a) are eligible under this policy. The destruction of biometric data do not apply to a person arraigned for the offenses listed in Mich. Comp. Laws § 712A.18e(1). See exclusions in MCLS § 780.621c. See subsection (1)(c) of Mich. Comp. Laws § 780.621 and section 780.621b for ineligible offenses. See section 762.11 for offenses eligible for youthful trainee status. This section applies only to convictions for violations of sections 750.448, 750.449, and 750.450(prostitution-related offenses), or a local ordinance substantially corresponding to these sections. Mich. Comp. Laws § 780.621. See exclusions in MCLS § 780.621g(10). See exclusions in MCLS § 780.621g(10). See exclusions in MCLS § 780.621g(7),(10). There is no statutory language regarding ineligible offenses. This provision applies only to controlled substance offenses specified in section 333.7411. This statute applies only to domestic violence offenses specified in section 769.4a. This provision applies only to underage alcohol offenses specified in section 436.1703(1). This provision applies only to kidnapping-by-parent offenses specified in Mich. Comp. Laws § 750.350a. This provision applies only to offenses specified in Mich. Comp. Laws § 750.430 (health care provider practicing under the influence). See exclusions in Mich. Comp. Laws § 600.1076(4). There is no statutory language regarding ineligible offenses. See subsection (14) for offenses ineligible for destruction. Mich. Comp. Laws § § 28.243(14). There is no statutory language regarding ineligible offenses. There is no statutory language regarding ineligible offenses.
Clearance Process Petition-based Petition-based Petition-based Petition-based Automatic Petition-based Automatic Automatic Automatic Petition-based Automatic Automatic Automatic Automatic Automatic Automatic Automatic Automatic Automatic Petition-based
Waiting Periods A petition can be filed one year after the adjudication of the offense that the applicant seeks to set aside, or one year following the completion of any term of detention for that adjudication, or when the person turns 18, whichever occurs later. Mich. Comp. Laws § 712A.18e(3).   A petition can be filed one year after the termination of jurisdiction.  Mich. Comp. Laws § 712A.18e(3).   There is no waiting period. The waiting period is 7 years or more after the completion of the sentence, imprisonment, parole, or probation, whichever occurs later. Mich. Comp. Laws § 780.621d(1). The record becomes nonpublic upon dismissal of the charge.   The petition can be filed at any time.   The waiting period is 7 years from the imposition of the sentence. MCLS § 780.621g(1). The waiting period is 7 years from the imposition of the sentence. MCLS § 780.621g(4). The waiting period is 10 years since the imposition of the sentence for the conviction, or completion of any term of imprisonment with the department of corrections for the conviction, whichever occurs later. MCLS § 780.621g(2). There is no waiting period. The record becomes nonpublic upon dismissal of the charge.   The record becomes nonpublic upon dismissal of the charge. The record becomes nonpublic upon dismissal of the charge. The record becomes nonpublic upon dismissal of the charge.   The record becomes nonpublic upon dismissal of the charge.   The record becomes nonpublic upon dismissal of the charge. The information is immediately destroyed if the person is released without charges.   The record is destroyed upon a finding of not guilty or nolle prosequi. There is no waiting period. The record is destroyed upon dismissal of the charges before a determination of probable cause, or when no charges are filed and no indictment is returned.
Fees A processing fee for a set-aside must be paid to the Michigan State Police. Mich. Comp. Laws § 712A.18e(6).The fee is determined and charged by the department of state police in the same manner as the fee prescribed in the freedom of information act, 1976 PA 442, MCL 15.234(4). MCLS § 712A.18e(3). There is a processing fee for a set-aside, due to the Michigan State Police. Mich. Comp. Laws § 712A.18e(6).The fee is determined and charged by the department of state police in the same manner as the fee prescribed in the freedom of information act, 1976 PA 442, MCL 15.234(4). MCLS § 712A.18e(3). There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language on fees. There is no statutory language regarding fees.
Effect Upon the entry of an order under this section, the applicant is considered not to have been previously adjudicated. Mich. Comp. Laws § 712A.18e(11). The Michigan State Police retains nonpublic records of the set aside order and the record of the arrest, fingerprints, adjudication, and disposition. Mich. Comp. Laws § 712A.18e(13). Upon the entry of an order under this section, the applicant is considered not to have been previously adjudicated. Mich. Comp. Laws § 712A.18e(11). The Michigan State Police retains nonpublic records of the set aside order and the record of the arrest, fingerprints, adjudication, and disposition. Mich. Comp. Laws § 712A.18e(13). No statutory language. The person will be considered as never having been convicted, except for registerable sex offenses. Mich. Comp. Laws § 780.622. The court notifies the agencies that hold records of the set-aside. Mich. Comp. Laws § 780.623. The disposition is not a conviction and the person will not suffer a civil disability or loss of right or privilege in most instances. All records are closed to public inspection, but can be disclosed as specified in section 762.14(4). Mich. Comp. Laws § 762.14. The person will be considered as never having been convicted, except for registerable sex offenses. Mich. Comp. Laws § 780.622. The court notifies the agencies that hold the record of the set-aside. Mich. Comp. Laws § 780.623. Each court shall notify the arresting law enforcement agency of each conviction on or before the tenth day of each month that is set aside for the preceding month. Each law enforcement agency need not retain and shall make nonpublic the notification that the conviction has been set aside, and the record of the arrest, fingerprinting, conviction, and sentence of the person in the case to which the notification applies. MCLS § 780.621g(1). Each court shall notify the arresting law enforcement agency of each conviction on or before the tenth day of each month that is set aside for the preceding month. Each law enforcement agency need not retain and shall make nonpublic the notification that the conviction has been set aside, and the record of the arrest, fingerprinting, conviction, and sentence of the person in the case to which the notification applies. MCLS § 780.621g(1). Each court shall notify the arresting law enforcement agency of each conviction on or before the tenth day of each month that is set aside for the preceding month. Each law enforcement agency need not retain and shall make nonpublic the notification that the conviction has been set aside, and the record of the arrest, fingerprinting, conviction, and sentence of the person in the case to which the notification applies. MCLS § 780.621g(1). The arresting agency and the department of the state police shall maintain the nonpublic record created under MCLS § 780.621f(3). MCLS § 780.621f(1). The disposition is not a conviction and does not entail the disqualifications or disabilities imposed by law upon conviction. Arrest and court records are nonpublic, but can be disclosed as specified in section 333.7411(3). The disposition is not a conviction and does not entail the disqualifications or disabilities imposed by law upon conviction. Arrest and court records are nonpublic, but can be disclosed as specified in section 769.4a(7). The discharge and dismissal is without an adjudication of guilt. The records are nonpublic, but can be disclosed as specified in section 436.1703(3). The disposition is not a conviction and does not entail the disqualifications or disabilities imposed by law upon conviction. Arrest and court records are nonpublic, but can be disclosed as specified in section 750.350a(6). The disposition is not a conviction and does not entail the disqualifications or disabilities imposed by law upon conviction. Arrest and court records are nonpublic, but can be disclosed as specified in section 750.430(9). The disposition is not a conviction and does not entail the disqualifications or disabilities imposed by law upon conviction. Arrest and court records are nonpublic, but can be disclosed as specified in section 600.1076(10). The biometric data and arrest card are destroyed. Mich. Comp. Laws § 28.243(7). The biometric data and arrest card are destroyed. Mich. Comp. Laws § 28.243(10). The arrest record is removed from the internet criminal history access tool (ICHAT); the arrest record, all biometric data, and fingerprints are expunged or destroyed, or both; any entry concerning the charge is removed from LEIN. Mich. Comp. Laws § 28.243(8). Fingerprints, photographs, and other identification data are destroyed by the Bureau of Criminal Apprehension or the arresting agency. Minn. Stat. § 299C.11.
Remedy Set Aside Set Aside Set Aside Set Aside Dismiss Set Aside Set Aside Set Aside Set Aside Set Aside Dismiss Dismiss Dismiss Dismiss Dismiss Dismiss Delete Expunge Expunge Expunge

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The National Reentry Resource Center is operated by the Council of State Governments Justice Center and supported by Grant No. 15PBJA-23-GK-05503-MUMU awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.