Expunging (Setting Aside) a Conviction from your Criminal Record in Michigan

Due to the rapid growth of employers, landlords, and banks conducting background checks on perspective new hires, renters, and loan applicants, expunging, or setting aside, a criminal conviction from your public record might be a process you want to consider.

While the Michigan laws (see MCL Section 780.621) for expunging a criminal conviction are detailed and potentially confusing, the following questions and answers are written to help you better understand the process:

Question 1: When can I begin the Expungement process?

Answer: Before filing an application to set aside your conviction, five years must have passed since a sentenced was imposed or your discharge from imprisonment, probation, or parole for this conviction, which is later.

Question 2: What convictions qualify for an Expungement?

Answer:

You would qualify if you met any of the following:

  1. You have not been convicted of more than 1 felony and 2 misdemeanors.
    1. May petition the court to set aside the 1 felony offense.
  2. You have not been convicted of more than 2 misdemeanors and no other felonies or misdemeanors.
    1. May petition the court to set aside 1 or both of the misdemeanor offenses.
  3. You were convicted of a violation or attempted violation of MCL 750.520e (criminal sexual conduct 4th degree) before January 12, 2015, IF you have not been convicted of any other offense.
    1. Exception to “any other offense: not more than 2 minor offenses. A minor offense is a misdemeanor of ordinance violation that ALL of the following apply:
      1. The maximum imprisonment term is not more than 90 days;
      2. The maximum fine is not more than $1000; and
  • The person committing the offense is not more than 21 years old.

You would NOT qualify if the following occurred:

  1. You committed a felony or attempted to commit a felony for which the maximum punishment is life imprisonment;
  2. You violated or attempted to violate of any of the following:
    1. Child abuse- 2nd degree (MCL 750.136b(3));
    2. Child abuse- in presence of another child (MCL 750.136d);
    3. Child sexually abusive activity or possession of child sexually abusive material(MCL 750.145c);
    4. Prohibited use of Internet or computer system (MCL 750.145d);
    5. Criminal Sexual Conduct- 2nd and 3rd degrees (MCL 750.520c/750.520d);
    6. Assault with intent to commit criminal sexual conduct (MCL 750.520g);
  3. You were convicted of a violation or attempted violation of MCL 750.520e (criminal sexual conduct 4th degree) before January 12, 2015;
  4. You were convicted of a traffic offense, including a conviction for operating while intoxicated;
  5. You were convicted of a felony for domestic violence, if the person has a previous misdemeanor conviction for domestic violence;
  6. You violated the Human Trafficking laws (MCL 750.462a to 750.462j);
  7. You violated the Anti- Terrorism Act (MCL 750.543a to 750.543z).

Question 3: Is there a cost?

Answer: Yes, the application fee is $50.00.  There may be other fees associated with having your fingerprints taken, making copies of the application and attachments and mailing your application packet to multiple agencies.

Question 4: How do I begin the Expungement Process?

Answer: In order to set aside your conviction, you will need to do the following:

  1. Determine if you are eligible (See Questions 1 and 2)
  2. Complete the “Application to set aside Conviction
  3. Go to the convicting court:
    1. Sign the application in the presence of the court clerk
    2. Get a certified copy of the conviction
    3. Make 4 copies of the application and all attachments
    4. Submit the Original application and all attachments to the court clerk
  4. Go to a local law enforcement agency:
    1. Have your fingerprints taken (possible fee)
    2. Get a fingerprint card
  5. Mail to the Michigan State Police:
    1. 1 copy of the application and all attachments
    2. Fingerprint card
    3. Fee: $50.00
  6. Mail to the Attorney General
    1. 1 copy of the application and all attachments
  7. Mail to the correct Prosecuting Office (county, city, or township):
    1. 1 copy of the application and all attachments
  8. Complete and sign the Proof of Service on the back of the application
    1. submit proof of service to the convicting court

Question 5: Where can I find the required forms?

Answer: The Application to Set Aside Conviction and Order on to Set Aside Conviction can be found at the Michigan State Court Administrator’s Office Website (SCAO). Be sure to review the forms to see what exactly needs to be completed.

 
By | 2015-08-05T09:05:32+00:00 August 5th, 2015|Uncategorized|Comments Off on Expunging (Setting Aside) a Conviction from your Criminal Record in Michigan