Overview Description

One felony conviction can be set aside by the convicting court five years after sentence completion, provided the person has no more than one felony and two misdemeanor convictions. Mich. Comp. Laws § 780.621(1)(a).

Convictions that are deferred and dismissed are considered misdemeanor convictions for determining eligibility under this act. Mich. Comp. Laws § 780.621(2).

Ineligible Category or Citation

See subsection(3) for ineligible offenses. Mich. Comp. Laws § 780.621.

Procedure General

The petition must be filed in the convicting court. For the specific procedure, see Mich. Comp. Laws § 780.621.

Fees

A $50 fee must be submitted to the Michigan State Police. Mich. Comp. Laws § 780.621(10).

Effect

The person will be considered as never having been convicted, except for registerable sex offenses. Mich. Comp. Laws § 780.622.

The court notifies the agencies that hold records of the set-aside. Mich. Comp. Laws § 780.623.

Forms

For an application to set aside a criminal record in Michigan, visit here.

Waiting Periods

The petition can be filed five years after sentence completion.

 

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