Michigan's Clean Slate Laws
Michigan's set-aside statute, MCL 780.621 et seq., was significantly expanded by the Clean Slate legislation. Through the application process:
- A person may set aside up to three felony convictions and an unlimited number of misdemeanor convictions.
- No more than two of the convictions may be for assaultive crimes.
- The waiting period is generally 3 years for misdemeanors, 5 years for a serious misdemeanor or one felony, and 7 years for more than one felony, measured from the latest of sentencing, probation, or release from custody.
- Certain convictions, such as most offenses punishable by life imprisonment and many CSC offenses, cannot be set aside.
First Offense OWI
Since 2022, a first offense OWI conviction may be eligible to be set aside by application after 5 years, provided the offense did not cause death or serious injury.
Automatic Expungement
Michigan also automatically sets aside many eligible misdemeanors after 7 years and eligible felonies after 10 years, subject to limits on the number and type of convictions. Not every conviction qualifies, and the automatic process does not cover everything an application can.
After a Set-Aside
Once a conviction is set aside, the person is generally considered not to have been previously convicted, though the record remains available to law enforcement and certain agencies. We review your full record, determine eligibility, prepare the application, and represent you at the hearing.