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Checklist – How to Set Aside an Adult Misdemeanor Marijuana Conviction
These instructions will help you apply to set aside an adult misdemeanor marijuana conviction. This is sometimes called an “expungement.” These instructions will guide you through the process of applying and making sure that your record has been cleared.
If you need to set aside felony or misdemeanor convictions separate from your misdemeanor marijuana convictions, you need to follow different steps. Use the checklist How Set Aside an Adult Misdemeanor and/or Felony Conviction.
Step 1: Complete and sign your application
You will need to know what is on your criminal record. If you are unsure, you may order a copy from Michigan’s Internet Criminal History Access Tool (ICHAT). The ICHAT record will have three columns: your arrests, your charges, and your convictions.
Use the Do-It-Yourself Expungement (Adult Conviction) tool to complete your application to set aside your misdemeanor marijuana convictions. Sign and date the application for the marijuana conviction(s). If you used the Do-It-Yourself Expungement tool to set aside felony or misdemeanor convictions separate from your misdemeanor marijuana convictions, you need to follow different steps. Use the checklist How Set Aside an Adult Misdemeanor and/or Felony Conviction
Please note that completing the documents on Michigan Legal Help or Law Help Interactive does not file anything with the court.
Step 2: Get your certified record of conviction
Order one certified record for each conviction you are trying to have set aside from the court clerk where you were convicted. If you were convicted in multiple courts, you will have to go to each court where you were convicted to get your certified records. If you have questions about how to get your certified records, contact the court clerk where you were convicted for more information.
There will be a fee to get your certified records. These records may be called a judgment of sentence, an order of probation, an abstract of conviction, or a register of actions. If you let the clerk know that you need the certified record for an expungement, they should get you the correct record type.
Step 3: Serve your application
Make three copies of your Application to Set Aside Misdemeanor Marihuana Conviction and three copies of each certified record of conviction.
Mail one copy of your application and record of conviction to the office of the prosecutor that tried your case. In some cases, this could be a local city attorney’s office.
To find the prosecutor that tried your case, look at your certified record of conviction. It may list the prosecutor under the “People of the State of Michigan.” If you don’t see a prosecutor’s name or office on your record of conviction, you may see their information on your ICHAT printout in the “charge segment” section. If you do not know the name or address of the prosecutor, ask the court clerk where you filed your application or see the Michigan Prosecuting Attorney Office Directory for the address.
Step 4: Complete the Certificate of Mailing
Sign and date the Certificate of Mailing at the bottom of the application on both copies. One copy will be filed with the court clerk. The other copy is for your records.
Step 5: File your application with the court clerk
Before you file your application, call the court clerk’s office where you were convicted to ask about their filing procedure. If you were convicted in multiple courts, call each court clerk and follow the specific instructions they give you for that court. Depending on the court, you may be able to file in person, by mail, email, or e-filing. Not all courts will have every option available. See below for instructions on each method.
In Person
Take the original and all three copies of your application and your certified record of conviction to the clerk’s office in the court where you were convicted.
Mail
Before you mail in your documents, call the court clerk. Mail the original and/or copies that the clerk requests of your application and certified records. Include a self-addressed stamped envelope so that the clerk can return your copies of your application and certified record. The court may keep your original documents.
Email
Be sure to write down the email address the court clerk gives you to email your documents. Your documents must be in PDF format. Be sure to label your documents so that they can be easily identified such as “Application to Set Aside Conviction” or “Certified Record of Conviction.”
E-File
Not all courts offer electronic filing, or e-filing. If the court clerk tells you to e-file your application, use the E-Filing Basics toolkit to learn more about how to e-file using MiFILE. Even in courts where it is available, you can only use it for some case types. The State Court Administrative Office keeps a chart of courts that use e-Filing. To learn more, read What Is E-Filing?
Step 6: Wait for a response from the prosecuting official
The prosecuting official has 60 days to respond to your application. The prosecuting official can either not respond—which means they agree your conviction should be set aside— or they can file a response in opposition to your application, which means they do not agree to set aside your conviction.
If the prosecuting official does not file a response, the judge will enter an Order on Application to Set Aside Misdemeanor Marihuana Conviction(s) to set aside your conviction. Once the 60 days pass, the judge has 21 days to enter the order. The court will send a copy of the Order to you, the arresting agency, the prosecuting official, and the Michigan State Police. If three or more months pass and you have not received a copy of the Order, contact the court clerk where you sent your application.
If the prosecutor files a response and opposes your application, read step 7. If the prosecuting official does not file a response, skip to step 8.
Step 7: Go to court
If the prosecuting official files a response and opposes your Application to Set Aside Misdemeanor Marihuana Conviction(s), the court will schedule a hearing date within 30 days. The court will mail a copy of a Notice of Hearing to you. You should appear in court on the date and time set by the court. To learn more about going to court, read What to Expect When You Go to Court.
At the hearing, you probably will not be required to speak. It will be the prosecutor’s job to show the judge why your application should not be set aside. If the prosecutor proves their case, the judge will deny your application. Read the section “Marijuana Convictions” in An Overview of Michigan’s Expungement Laws to learn more.
If the prosecutor does not prove their case, the judge will grant your application to set aside your conviction. The court will send a copy of the judge’s Order to you, the arresting agency, the prosecuting agency, and the Michigan State Police. If three or more months pass and you have not received a copy of the Order, contact the court clerk.
Step 8: Make sure your record is cleared
One month to six weeks after your conviction is set aside, your record should be clear. You can check ICHAT to see if your conviction is still public. If the record is still public, contact the Michigan State Police’s Criminal History Section at (517) 241-0606 to see if MSP has received a copy of the Order on Application to Set Aside Misdemeanor Marihuana Conviction(s). If not, send a copy of the Order to:
Michigan State Police
CJIC
P.O. Box 30266
Lansing, Michigan 48909-7766
If your record is clear, you have completed the process to set aside your misdemeanor marijuana charges.