Automatic Expungement (Set Aside) of Adult Convictions

Automatic expungement is a new program to expunge (“set aside”) some Michigan adult convictions starting on April 11, 2023. This program is part of the Clean Slate laws passed in 2020.

You don’t need to apply for automatic expungement. The law says the courts and the Michigan State Police must process all eligible convictions. Automatic expungement will help some people clear their records who were not eligible before.

The following number of convictions may be automatically expunged:

• Up to 2 felonies,
• Up to 4 misdemeanors punishable by 93 days or more in jail, and
• Any number of misdemeanors punishable by 92 days in jail or less. 

But not all people or all convictions will qualify for automatic expungement.

Eligible convictions may be expunged when they have passed the waiting period. The waiting period is different for felonies and misdemeanors. Other convictions can also affect the waiting period. 

Felonies

Felonies have a 10-year waiting period. The state plans to count the 10 years starting from whichever date is latest:

• Your sentencing date
• Date probation term ended (if any)
• Date jail or prison term ended (if any)
• Date parole ended (if any)

For example, let’s say you:

• Were sentenced to jail for an eligible felony conviction on January 31, 2020
• Got out of jail on February 28, 2022
• Never had probation or parole for this conviction

That felony may be automatically expunged on February 28, 2032.

Misdemeanors

For all eligible misdemeanors, there is a 7-year waiting period starting from the date you were sentenced.

For example, let's say you have an eligible misdemeanor conviction and you were sentenced on January 31, 2020. That misdemeanor may be automatically expunged on January 31, 2027.

The first set of automatic expungements

The first eligible convictions should start to be automatically expunged from the Michigan State Police (MSP) database on April 11, 2023. Only eligible convictions that already passed their waiting period will be expunged. 

It may take about a week for the MSP database to be updated with the first set of expungements. It may take even more time for courts or arresting agencies to make their records non-public.

There are different ways to check if your conviction was expunged depending on the kind of conviction and your goals.

Convictions stored in the Michigan State Police (MSP) database

All felonies and most misdemeanor convictions are usually listed in the MSP database. These convictions should show up on an ICHAT search unless they have been expunged.

Option 1. You can run an ICHAT search for $10. If your conviction was expunged, it should not show up in your ICHAT results. If you have used more than one name, you may need to check all the names you have used.

Option 2. If you want a more detailed report showing your expunged convictions, you can ask for a personal records check from the MSP.  This costs $30 and you must get fingerprinted. The report will show you convictions that are still public. The report will also show you expunged convictions that are non-public.

For instructions, go to MSP’s instructions page. Look for the second option, which is called: “Procedure to search criminal history records for visa, immigration, personal records check or adoption (fingerprints are required).”

Option 3. You can try calling the court that convicted you and asking if there is a public record of your conviction. There should not be a public record of your conviction if it was expunged. It may take the courts longer than the MSP database to update their records.

Convictions NOT stored in the MSP database

Some misdemeanors with 92 days or less of possible jail time are not listed in the MSP database. These convictions never show up on an ICHAT search.

For these convictions, call the court that convicted you and ask if there is a public record of your conviction. There should not be a public record of your conviction if it was expunged. Courts may have different processes for answering this question.

After a conviction is expunged, it is non-public. In many ways it is like you were never convicted. But there are some things you should know.

Who can see expunged records

There are still some times when courts, law enforcement, or the government can see expunged records. Read The Benefits of a Clean Record to learn who can see an expunged conviction and what they can do with the information.

Restitution, fines, costs, and fees

After a conviction is automatically expunged, you must keep paying any restitution you owe for that conviction. A court might try to stop or reverse your automatic expungement if you don’t keep paying restitution. To learn more, read "Can anyone stop or reverse an automatic expungement and make my conviction public again?" above.

The law does not say that courts can keep charging you fees, costs, or fines for a conviction after it is automatically expunged. We don't know if courts will try to collect fees, costs, and fines for automatically expunged convictions. But courts cannot stop or reverse your automatic expungement based on fees, costs, or fines.

Driving records

If you have a conviction related to driving a car, truck, or motorcycle, expunging the conviction will not take it off your driving record. Visit Restoring a Michigan Driver’s License for more information about your options.

This article is only about adult convictions. Automatic expungement of juvenile adjudications is supposed to start in July 2023. We will add information about this soon.