Michigan

Adult criminal records for cases in which you were convicted can be set aside in some situations. You have to file a petition with the court to start the process, and it is up to the judge whether or not to grant your petition.

• With certain exceptions, one or two misdemeanor convictions can be set aside five years after you complete your sentence. You are only eligible if you have no more than two misdemeanors convictions—including certain convictions that were deferred and dismissed—and if you have never been convicted of a felony.

• With certain exceptions, one felony conviction can be set aside five years after you complete your sentence. You are only eligible if you have no more than two misdemeanors convictions—including certain convictions that were deferred and dismissed—and no other felony convictions.

• If you were convicted before January 12, 2015, of criminal sexual conduct in the fourth degree, the record can be set aside five years after you complete your sentence. You are only eligible if you have no other convictions, aside from one or two minor offenses.

• If you were convicted of prostitution or related crimes because you were a victim of human trafficking, your conviction can be set aside immediately.

Adult criminal records for cases in which you completed a diversion or deferral program become non-public in some situations.

• If you are given youthful trainee status and your case is dismissed, the record should be made non-public immediately.

• If it is your first drug offense and the case is dismissed after you complete probation, the record should be made non-public immediately.

• If it is your first domestic violence offense and the case is dismissed after you complete probation, the record should be made non-public immediately.

• If it is your first kidnapping-by-parent offense and the case is dismissed after you complete probation, the record should be made non-public immediately.

Adult criminal records for arrests for which you were never convicted are eligible for destruction in some situations.

• If you are arrested then released without charges, your arrest card, fingerprints, and photos should be destroyed immediately.

• With certain exceptions, if your case ends with nolle prosequi or a not guilty verdict, and you have no prior felony convictions, your arrest card, fingerprints, and photos should be destroyed immediately.
• Arrest records, all biometric data, and fingerprints are expunged, or destroyed, or both, when charges are dismissed before trial, unless the judge or prosecutor objects within 60 days.

Below is a general overview of when juvenile records can be set aside in Michigan. Please note that the Clean Slate Clearinghouse does not provide legal advice.

Read the legal policies and statutes for detailed statutory information.

Juvenile Record Clearance Policies Overview

Most juvenile records can be set aside.

• Most juvenile records record can be set aside when you turn 18, one year after you were adjudicated, or one year after you were released from commitment, whichever occurs last. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request.

• If you were adjudicated (found guilty) for stealing a car, your record can be set aside when you turn 18, one year after you were adjudicated, or one year after you were released from commitment, whichever occurs last. You have to submit a request to the court to start the process, and if you meet the criteria, the judge has to grant your request.

• If you have a prostitution-related record because you were a victim of human trafficking, the record can be set aside after you turn 18, one year after you were adjudicated, or one year after you were released from commitment, whichever occurs last. You have to submit a request to the court to start the process, and if you meet the criteria, the judge has to grant your request.

You may not be able to set aside your record if you have more than three juvenile adjudications, more than one felony adjudication, or an adult felony conviction. Certain convictions or adjudications are not eligible to be set aside.

Find a Lawyer

If you think you might be eligible to have your record set aside, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court.

Court Forms and Resources

If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources.