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Michigan

Adult Criminal Record Clearance Overview

Adult criminal records for cases in which you were convicted can be set aside in some situations. You have to file a petition with the court to start the process, and it is up to the judge whether or not to grant your petition. 

  • With certain exceptions, one or more misdemeanor convictions can be set aside three years after you complete your sentence, probation, or imprisonment for the convictions, whichever is later. 
  • With certain exceptions, one or more serious misdemeanor convictions can be set aside five years after you complete your sentence, probation, parole, or imprisonment for the convictions, whichever is later. 
  • With certain exceptions, one felony conviction can be set aside five years after you complete your sentence, probation, parole, or imprisonment for the conviction, whichever is later. 
  • With certain exceptions, three felony convictions can be set aside seven years after you complete your sentence, probation, parole, or imprisonment for the convictions, whichever is later. 
  • If you were convicted before January 12, 2015, of criminal sexual conduct in the fourth degree, the record can be set aside five years after you complete your sentence. You are only eligible if you have no other convictions, aside from one or two minor offenses. 
  • If you were convicted of prostitution or related crimes because you were a victim of human trafficking, your conviction can be set aside immediately. 
  • Records relating to a misdemeanor conviction for which the maximum punishment is imprisonment for not more than 92 days can be set aside by the court. 
  • Records relating to a misdemeanor conviction for which the maximum punishment is imprisonment for 93 days or more can be set aside by the court. 
  • Records relating to felony convictions may be set aside after ten years or the convictions are otherwise eligible can be set aside by the court. 
  • If you are convicted of one or more misdemeanor marijuana offenses, you may apply to set aside the convictions. 
  • If you have a first violation operating while intoxicated conviction, the record may be set aside by the court. 

Adult criminal records for cases in which you completed a diversion or deferral program become non-public in some situations. 

  • If you are given youthful trainee status and your case is dismissed, the record should be made non-public immediately. 
  • If it is your first drug offense and the case is dismissed after you complete probation, the record should be made non-public immediately. 
  • If it is your first domestic violenceoffense and the case is dismissed after you complete probation, the record should be made non-public immediately. 
  • If it is your first kidnapping-by-parent offense and the case is dismissed after you complete probation, the record should be made non-public immediately. 

Adult criminal records for arrests for which you were never convicted are eligible for destruction in some situations. 

  • If you are arrested then released without charges, your arrest card, fingerprints, and photos should be destroyed immediately. 
  • With certain exceptions, if your case ends with nolle prosequi or a not guilty verdict, and you have no prior felony convictions, your arrest card, fingerprints, and photos should be destroyed immediately. 
  • Arrest records, all biometric data, and fingerprints are expunged, or destroyed, or both, when charges are dismissed before trial. 

Adult Criminal Record Clearance Policies

    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).
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    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).
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    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).
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    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).
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    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).
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    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).
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    A person convicted of one or more misdemeanor marijuana offenses may apply to set aside the convictions. MCLS § 780.621e(1).
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    A misdemeanor conviction for criminal sexual conduct entered before January 12, 2015, can be set aside if the petitioner meets a certain criteria, and if the individual has not been convicted of another offense other than 2 minor offenses. Mich. Comp. Laws § 780.621(1)(a)-(d). Convictions that are deferred and dismissed are considered misdemeanor convictions for determining eligibility under this act. Mich. Comp. Laws § 780.621(2).
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    Records relating to one or more misdemeanor convictions, other than an application to set aside a serious misdemeanor, a first violation operating while intoxicated offense, or any other misdemeanor conviction for an assaultive crime may be set aside by the convicting court three or more years after whichever of the following events occur last: imposition of the sentence, completion of any term of imprisonment, or completion of probation imposed for the convictions.  Mich. Comp. Laws § 780.621d(3).
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    Records relating to one or more serious misdemeanor convictions, first violation operating while intoxicated offense, or one felony conviction may be set aside by the convicting court five or more years after whichever of the following events occurs last: imposition of the sentence, completion of probation, discharge from parole, or completion of any term of imprisonment imposed for the conviction. Mich. Comp. Laws § 780.621d(2).
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    Records relating to a first violation operating while intoxicated conviction may be set aside. MCLS § 780.621c(3)-(4).
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    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).
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    Records relating to a case dismissed after the successful completion of a drug court treatment program become nonpublic. Mich. Comp. Laws § 600.1076.
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    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).
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    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).
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    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).
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    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).
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    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).
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    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).
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    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).
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    Juvenile Record Clearance Overview

    Below is a general overview of when juvenile records can be set aside in Michigan. Please note that the Clean Slate Clearinghouse does not provide legal advice. 

    Read the legal policies and statutes for detailed statutory information. 

    Juvenile Record Clearance Policies Overview 

    Most juvenile records can be set aside. 

    • Most juvenile records record can be set aside when you turn 18, one year after you were adjudicated, or one year after you were released from commitment, whichever occurs last. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. 
    • If you were adjudicated (found guilty) for stealing a car, your record can be set aside when you turn 18, one year after you were adjudicated, or one year after you were released from commitment, whichever occurs last. You have to submit a request to the court to start the process, and if you meet the criteria, the judge has to grant your request. 
    • If you have a prostitution-related record because you were a victim of human trafficking, the record can be set aside after you turn 18, one year after you were adjudicated, or one year after you were released from commitment, whichever occurs last. You have to submit a request to the court to start the process, and if you meet the criteria, the judge has to grant your request. 

    You may not be able to set aside your record if you have more than three juvenile adjudications, more than one felony adjudication, or an adult felony conviction. Certain convictions or adjudications are not eligible to be set aside. 

    Find a Lawyer 

    If you think you might be eligible to have your record set aside, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court. 

    Court Forms and Resources 

    If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources. 

    Juvenile Record Clearance Policies

      Records relating to a juvenile with no more than three juvenile adjudications€š no more than one of those being an offense that would be a felony if committed by an adult€š can be set aside if the person is not subject to a disqualifying event and the court determines that public safety will not be compromised. Mich. Comp. Laws § 712A.18e(1), (9).
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      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).
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      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).
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