Overview Description

A misdemeanor conviction for criminal sexual conduct entered before January 12, 2015, can be set aside if the petitioner meets certain criteria. Mich. Comp. Laws § 780.621(1)(c).

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

This provision applies only to violations or attempted violations of section 750.520e (Criminal Sexual Conduct in the Fourth Degree) before January 12, 2015. 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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