This toolkit tells you what you need to know if you would like to ask a court to set aside an adult criminal conviction from your past. If your conviction is set aside, it cannot be seen by the public. This toolkit is only for you if you were convicted as an adult. For general information about setting aside a conviction, read the Articles. Read the Common Questions if you have a specific question. If you want to ask the court to set aside your conviction, use the Forms link to prepare your forms. Use the Checklist below to make sure you followed all the steps in the process.
You'll find links to legal aid offices and lawyer referral services under Find A Lawyer. If there is a Self-Help Center in your area you can get more help there. If you need something other than legal help, look in Community Services. If you need a fee waiver, an interpreter, a court to accommodate your disability, or more information about going to court, visit Going to Court.
Common Questions
Setting aside a conviction (sometimes called getting an expungement) will remove a specific conviction from your public criminal record. If you get an order setting aside your conviction, you can legally state on any job or school application that you have never been convicted of or arrested for that crime. You will also be able to state on any applications for public benefits, housing, or employment that you have not been convicted of that crime.
The court system and the Michigan State Police (MSP) will maintain a nonpublic record of your conviction. This means that the court and MSP will know of any convictions you set aside, should you apply to have another conviction set aside in the future. A conviction that has been set aside can also be used as a factor in your sentencing if you are convicted of another crime in the future.
A conviction is any misdemeanor or felony charge for which you were found guilty. You could have been found guilty by a judge or jury, or you might have signed a plea agreement stating that you were guilty of a crime.
Michigan criminal records can be searched online for a $10 fee. You can find your record by using the Internet Criminal History Access Tool at Michigan’s (ICHAT) webpage. Review the record carefully. If there are any errors on your record, see the Common Question What if there is incorrect information on my criminal record?
If you need to review your criminal history in other states, you can get a report from the FBI’s Criminal Background Check website. The cost is $18. You will need to submit a copy of your fingerprints.