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In Michigan, once a conviction is “set aside” (also called expungement) under the law (often via the petition/application process or via automatic expungement) the conviction becomes non-public. That means most public background checks will no longer show the record.
However law enforcement, courts, prosecutors, the Michigan Department of Corrections, and certain state agencies may still have access to the non-public record even after set-aside.
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When a court issues the order to set aside a conviction (or when the automatic program triggers it), the court or agency sends notice to the relevant criminal history repository (e.g., the Michigan State Police (MSP) and the convicting court). After that the public criminal history is sealed/updated.
For the application (petition) process: timing varies depending on the court, backlog, whether there is opposition, etc. For the automatic process: there are specific waiting-periods. For example, for “93-day or more” misdemeanors, the law provides 7 years from sentencing before automatic set-aside.
No. If your conviction is for a driving offense (for example a traffic conviction tied to your driving record), setting aside the criminal conviction does not necessarily remove it from your driving record with the Michigan Secretary of State. If your matter involved a traffic conviction, you may need to contact the Secretary of State separately about your driving record or license issues.
In many cases, yes. Because set‑aside convictions are removed from the public record, standard public background checks will typically not show them. But some professions especially those with licensing boards (teaching, healthcare, childcare), law enforcement, corrections, or judicial roles may have access to non‑public records or require disclosure. Always check the specific licensing or employer requirements.
A state set‑aside improves your public record status, but it is not a universal guarantee. Federal laws, federal background checks, or industry‑specific regulations may still require you to disclose underlying convictions. If you are pursuing federal or regulated positions, seek clarity from the employer or licensing authority.
Yes, it typically helps because the public record is sealed. However, licensing boards have different rules, and some can review non‑public records or require disclosure. Check the statute and the licensing board’s regulations for the specific license you seek.
Can my set-aside ever be used against me?
Certain entities retain access to the non‑public record. For example, courts and prosecutors can see set‑aside convictions in some circumstances, and prior convictions may be considered in later proceedings (for example, sentencing) depending on the context.
For standard public employment background checks and many private employer checks, you may generally answer that you do not have the conviction once it has been set aside, provided the question refers only to public records. If an application asks about any conviction (public or non‑public) or you are applying for a position that explicitly requests disclosure of sealed or set‑aside convictions (e.g., certain government, licensing, or security positions), you must answer truthfully.
Not necessarily. Restoration of voting rights typically depends on completion of sentence, parole/probation, and other statutory conditions. A set‑aside improves the public record but does not automatically guarantee a change in voting eligibility. Check directly with the Michigan Secretary of State for your situation.
A state set‑aside does not automatically remove immigration consequences. U.S. immigration law evaluates convictions under its own rules; a state set‑aside may not change immigration eligibility or deportation risk. Non‑citizen individuals should consult an immigration attorney before relying on a state set‑aside for immigration matters.
Yes if you use the petition/application process (the “Apply to Set Aside” route) you file a form (MC 227) with the convicting court and follow the procedure. Some convictions may be eligible for the “Automatic Expungement” (no filing by you), but you still need to check whether it happened or whether you need to initiate an application.
Petition timeframe varies by court (often several months). Automatic set‑asides only occur after statutory waiting periods are met; once eligible the administrative process may take additional time for databases to be updated.
You can generally say the conviction does not appear in most public-background checks. The public criminal record is sealed. But the non-public record remains. The court will issue an order, and the MSP will update its database accordingly.
Reasons include: ineligible offense (excluded by statute), waiting-period not yet passed, too many convictions already on record, incomplete application, failure to include required certified conviction records. Also, for the petition route, the court may determine that set-aside is not consistent with public welfare in a given case.
If the petition is denied, you may have to wait a certain period (statute may impose a three-year wait after denial before re-filing) and review the reason for denial (e.g., incomplete form, missing info). Then you can correct and refile if eligible.
No. The critical factor is whether you have a conviction. The statute applies to convicted persons regardless of plea type.
You can request your criminal history from the Michigan State Police through ICHAT or check records at the convicting court to confirm what convictions are listed.
Under Michigan’s “Clean Slate” law:
No, certain convictions are excluded. Examples: felonies punishable by life in prison, certain assaultive crimes, crimes involving dangerous weapons, human trafficking, certain sex offenses, etc.
For the petition/application route:
For the automatic route:
