Clear Your Record, Reclaim Your Future
A criminal record—even for a minor offense or a case that happened decades ago—can create barriers that affect every aspect of your life. Employment opportunities, housing applications, professional licensing, education, and even social relationships can all be limited by past mistakes that no longer reflect who you are today.
Michigan's expanded expungement laws, including the groundbreaking Clean Slate legislation, have created unprecedented opportunities for people to clear eligible convictions from their records and move forward with their lives. These reforms enable many more Michiganders to pursue expungement, including those with multiple convictions and certain felonies that were previously ineligible.
At Rockind Law, we guide clients through every step of the expungement process, from determining eligibility to preparing compelling applications to representing you at expungement hearings. Our goal is to help you remove the barriers created by a criminal record and open doors to a brighter future.
Understanding Michigan Expungement
Expungement—legally known as "setting aside a conviction"—is the process of clearing criminal convictions from your public record. When a conviction is expunged:
It disappears from public view
The conviction will no longer appear in background checks conducted by employers, landlords, schools, or the general public.
You can legally state you have not been convicted
In most situations, you can honestly answer "no" when asked if you have been convicted of a crime.
Professional and educational doors reopen
Many professional licenses, career opportunities, and educational programs become accessible once a conviction is expunged.
Housing barriers are removed
Landlords and housing authorities won't see the expunged conviction during background checks, eliminating a common housing barrier.
While expungement removes a conviction from public view, law enforcement agencies can still access the non-public record in certain limited circumstances. Additionally, some specialized contexts (like immigration proceedings) may still consider expunged convictions.
Michigan's New Clean Slate Laws
In 2020, Michigan enacted groundbreaking "Clean Slate" legislation that significantly expanded expungement eligibility. Key changes include:
Increased Number of Eligible Convictions
Previously, Michigan limited expungement to one felony or two misdemeanors. The new law allows up to three felonies and an unlimited number of misdemeanors to be expunged (with certain categorical restrictions).
Marijuana Conviction Expungement
Convictions for marijuana-related offenses that would not be illegal now that recreational marijuana is legal in Michigan can be expunged through a streamlined process.
Multiple Convictions from a "Single Event"
Multiple convictions arising from the same incident are now treated as a single conviction for expungement purposes, dramatically expanding eligibility for people with related charges.
Serious Traffic Offense Eligibility
Certain traffic offenses that were previously ineligible, including first-time Operating While Intoxicated (OWI) offenses, are now eligible for expungement after a waiting period.
Automatic Expungement
Beginning in early 2023, a system of automatic expungement began phasing in for certain eligible misdemeanors after 7 years and eligible non-assaultive felonies after 10 years, without requiring an application.
These reforms have made Michigan a national leader in expungement access, providing second chances to hundreds of thousands of residents with criminal records. However, many convictions still require application-based expungement rather than automatic clearing, and the process remains complex.
The Expungement Process
Obtaining an expungement in Michigan involves a multi-step process that requires careful preparation and attention to detail:
1. Eligibility Determination
We conduct a thorough analysis of your criminal record, identifying all convictions and determining which are eligible for expungement based on type of offense, time elapsed, and other statutory factors.
2. Record Collection
We obtain certified records of all convictions, including police reports, court records, and sentencing documents necessary for the application process.
3. Application Preparation
We prepare and file the official Application to Set Aside Conviction, along with supporting documentation including fingerprint cards required for state and federal background checks.
4. Notification of Prosecutor and Victims
Michigan law requires notification of the Attorney General, local prosecutor, and any victims involved in the original case, giving them opportunity to contest the expungement if they choose.
5. Expungement Hearing
Most applications require a court hearing before a judge, where we present compelling reasons why your expungement should be granted, addressing your personal growth, community contributions, and future goals.
6. Judicial Decision
The judge determines whether granting the expungement is consistent with public welfare, considering your behavior since conviction, the seriousness of the offense, and other relevant factors.
7. Record Updating
Once granted, we ensure the expungement order is properly processed by all relevant agencies, including the Michigan State Police and FBI, to update their records accordingly.
The expungement process typically takes 4-6 months from application filing to final resolution. Effective representation throughout this process can significantly impact the likelihood of success, particularly for cases requiring judicial discretion.
Why Expungement Matters
The impact of a criminal record extends far beyond any court-imposed penalties, creating barriers that can last a lifetime if not addressed:
Employment Opportunities
Research shows that job applicants with criminal records are 50-60% less likely to receive callbacks or job offers. Expungement removes this barrier, allowing your qualifications and experience to stand on their own merits.
Housing Access
Many landlords and property management companies automatically reject applicants with criminal histories. Expungement opens housing options previously unavailable to you and your family.
Professional Licensing
Numerous professions require state licensing that can be restricted or denied based on criminal history, including healthcare, education, finance, real estate, and skilled trades. Expungement can remove this obstacle to career advancement.
Educational Opportunities
Many higher education programs and financial aid options require background checks or disclosure of criminal history. Expungement can expand your educational possibilities and future earning potential.
Peace of Mind
Beyond practical benefits, expungement offers relief from the psychological burden of carrying a criminal record, allowing you to move forward without fear of your past surfacing unexpectedly in personal or professional situations.
University of Michigan research demonstrates that within one year of obtaining expungement, recipients are 11% more likely to be employed and earn 22% higher wages on average than before expungement. These statistics underscore the profound economic impact of clearing your record.
The Importance of Skilled Representation
While recent reforms have expanded expungement eligibility, the process remains complex and success is not guaranteed. Having experienced legal counsel can make a decisive difference in your case:
Accurate Eligibility Assessment
The interplay of multiple convictions, waiting periods, and offense-specific exclusions creates complex eligibility questions that require legal expertise to navigate correctly.
Comprehensive Record Review
We conduct thorough criminal history reviews to identify all convictions, ensure accurate information, and address any potential complications before filing your application.
Strategic Timing
We help determine optimal timing for your application, considering both legal waiting periods and strategic factors that may affect your case's reception.
Persuasive Presentation
Beyond technical eligibility, judges have discretion in granting expungements. We develop compelling narratives highlighting your rehabilitation, achievements, and future goals to maximize your chances of approval.
Prosecutor Negotiations
When prosecutors oppose expungement, skilled advocacy and negotiation can often overcome objections and secure their non-opposition or even support.
Hearing Representation
Expungement hearings require effective courtroom advocacy addressing both statutory requirements and discretionary factors. Our experience with these hearings ensures your case is presented optimally.
Expungement must be won during a legal hearing, and the attorney you hire will most likely make all the difference between success and failure. Having a conviction expunged is not a guaranteed right—it's a privilege granted at the court's discretion after meeting statutory requirements.
Frequently Asked Questions: Expungement
How do I know if my conviction is eligible for expungement?
Eligibility depends on several factors, including the type of conviction, how many convictions you have, how much time has passed since sentencing or release from incarceration, and whether you've had previous expungements. Generally, most misdemeanors and many felonies can be expunged after waiting periods of 3-7 years, with exceptions for certain serious offenses. The best way to determine your specific eligibility is through a consultation with an attorney experienced in Michigan expungement law, who can review your complete criminal history and provide personalized guidance.
What convictions cannot be expunged in Michigan?
While Michigan's Clean Slate laws expanded eligibility, certain convictions remain ineligible for expungement. These include: felonies punishable by life imprisonment (regardless of actual sentence imposed); most Criminal Sexual Conduct offenses; Operating While Intoxicated (OWI) offenses if you have more than one on your record; traffic offenses causing injury or death; and domestic violence offenses if you have more than one on your record. Additionally, federal convictions cannot be expunged through Michigan state courts, as they fall under federal jurisdiction.
How long do I have to wait before applying for expungement?
Michigan's waiting periods are: 3 years for misdemeanors; 5 years for serious misdemeanors or a single felony; and 7 years for multiple felonies. These periods generally begin either from the date of sentencing or the completion of probation/parole/incarceration, whichever is later. For mu