Michigan Clean Slate Act: how automatic expungement of conviction records works

Michigan's Clean Slate package was signed by Governor Whitmer on October 12, 2020, became operative for application-based expungement on April 11, 2021, and produced the country's most expansive automatic expungement system when the automatic provisions took effect on April 11, 2023. The framework, codified primarily at MCL 780.621 et seq., allows up to four misdemeanors and two felonies per person to be set aside through a combination of automatic database action by the Michigan State Police and petition-based motions filed with the sentencing court. Since the automatic provisions took effect, the Michigan State Police has reported that 1,578,501 Michiganders have had convictions automatically expunged, representing one of the largest criminal justice record relief programs in U.S. history.

The framework reflects a substantial shift in Michigan's approach to criminal record relief. Before Public Act 193 of 2020, expungement in Michigan was limited and difficult to obtain. Only certain offense types qualified, only individuals with a single conviction could apply, and the process required filing a petition with the sentencing court, paying fees, and demonstrating good cause at a hearing. The Clean Slate package transformed the framework by significantly expanding eligibility through petition-based expungement starting in 2021, then adding automatic database-driven expungement for many qualifying convictions starting in 2023. Michigan became the sixth state to enact automatic conviction relief and the third state (after New Jersey and California) to make some felony convictions automatically eligible.

This is how the automatic framework actually works through the MSP Criminal History Record (CHR) database, the eligibility criteria for both automatic and petition-based expungement, what's excluded from the framework, and the procedural path for individuals navigating either track in 2026.

How automatic expungement works

The automatic expungement framework operates without the affected individual filing any application or appearing at any court hearing. The Michigan State Police's Criminal History Record database is automatically reviewed for convictions meeting the statutory criteria, and qualifying records are flagged as set aside.

The mechanics:

The Michigan State Police runs daily database scans of the CHR database to identify convictions that have met the statutory waiting periods and meet the other eligibility criteria. The Department of Technology, Management and Budget (DTMB) developed the automated review system during the two-year development period between the law's enactment and the April 11, 2023 effective date.

When a conviction is identified as meeting all eligibility criteria, the CHR entry is marked as set aside. The conviction is removed from public-facing criminal history reports including the Internet Criminal History Access Tool (ICHAT) used by employers, landlords, and the general public.

The MSP notifies the sentencing court daily via secure file transfer of all eligible convictions that have been set aside in the database. The courts update their case records to reflect the set-aside status.

The individual is not notified that the set-aside has occurred. Individuals can verify whether their convictions have been automatically expunged by requesting a copy of their criminal history report from the MSP through the ICHAT system or by ordering a fingerprint-based criminal history check.

Eligibility for automatic expungement

The automatic framework applies to multiple categories of convictions with category-specific waiting periods and limitations.

Misdemeanor convictions punishable by 92 days or less imprisonment. These convictions are automatically set aside seven years after the date of sentencing. There is no limit on the number of these convictions that can be set aside automatically.

Misdemeanor convictions punishable by 93 days or more imprisonment. These convictions are automatically set aside seven years after the date of sentencing. Up to four misdemeanors total (including those in the 92-day-or-less category counted toward the four) can be set aside automatically per individual.

Felony convictions. Qualifying felony convictions are automatically set aside ten years after the date of sentencing or completion of any term of imprisonment with the Michigan Department of Corrections, whichever occurs later. Up to two felony convictions can be set aside automatically per individual.

For convictions that include both incarceration and supervision components, the waiting period runs from the later of sentencing or release from incarceration. Probation, parole, and post-release supervision do not extend the waiting period for purposes of automatic expungement, but the individual cannot have been incarcerated for the qualifying conviction during the waiting period.

The waiting periods are strict and run from the specific date of sentencing or release. Individuals close to the waiting period thresholds should track the exact date of their sentence imposition (or release) to anticipate when their conviction becomes eligible.

What's excluded from automatic expungement

Several categories of convictions are categorically excluded from automatic relief:

Assaultive crimes as defined in MCL 770.9a, which includes a broad list of offenses involving actual or threatened violence: murder, attempted murder, manslaughter, criminal sexual conduct in all degrees, assault with intent to commit various crimes, kidnapping, armed robbery, carjacking, and numerous related offenses.

Sexual offenses including criminal sexual conduct in any degree, indecent exposure to a minor, child sexually abusive material offenses, and similar sex offenses requiring sex offender registration.

Traffic offenses involving serious consequences, including operating while intoxicated causing death or serious injury, fleeing and eluding causing death or serious injury, and similar driving offenses with significant harm.

Convictions where the sentence included consecutive sentencing with another conviction that itself isn't eligible for set-aside.

Convictions for offenses that carry maximum sentences exceeding 10 years.

Multiple felonies beyond the two-felony limit. Individuals with more than two felony convictions can only have two set aside automatically; the remainder require petition-based expungement (when eligible at all).

Convictions subject to professional or occupational licensing suspension or revocation based on the conviction.

Federal convictions, out-of-state convictions, and convictions from military tribunals. The Michigan automatic expungement applies only to Michigan state law convictions.

For individuals with convictions in the excluded categories, the path to relief is either petition-based expungement under the broader Clean Slate framework (where the offense type doesn't categorically prohibit relief) or other remedies entirely (gubernatorial pardons for offenses ineligible for expungement, for example).

Petition-based expungement under Clean Slate

In addition to the automatic framework, the Clean Slate package significantly expanded petition-based expungement starting April 11, 2021. The petition path remains available for individuals whose convictions don't qualify for automatic relief or who want to seek expungement before the automatic eligibility period elapses.

The expanded petition-based eligibility:

Individuals can petition to set aside up to two felony convictions. The pre-Clean Slate framework limited petitioning to individuals with a single conviction total.

Individuals can petition to set aside up to four misdemeanor convictions. The expanded limit is significantly broader than the prior framework.

The "one bad night" provision allows multiple felony convictions arising from a single criminal act to be treated as one conviction for petition-based expungement purposes. The provision recognizes that a single incident can produce multiple separate charges that are functionally one offense.

Marijuana-related expungement under Public Act 192 of 2020 (a related Clean Slate bill) provides specific procedural relief for convictions involving conduct that would be lawful under the Michigan Regulation and Taxation of Marijuana Act (MRTMA). Qualifying marijuana convictions are presumed eligible for set-aside.

The waiting periods for petition-based expungement:

Three years for most misdemeanor convictions (shorter than the seven years required for automatic expungement).

Five years for one felony conviction (shorter than the ten years required for automatic expungement).

Seven years for more than one felony conviction.

The shorter waiting periods for petition-based expungement allow individuals to seek relief sooner than they would receive it automatically, at the cost of filing a petition and going through the court process.

The petition procedure

For individuals pursuing petition-based expungement, the procedural framework:

Confirm eligibility. Review the specific convictions, waiting periods, and categorical exclusions to confirm the convictions qualify for petition-based expungement.

Obtain a certified copy of the criminal history. The criminal history report is a required attachment to the petition. The report can be obtained through the MSP ICHAT system (online) or through a fingerprint-based check (more comprehensive but slower).

Prepare the petition. The petition is filed in the court where the conviction occurred (the sentencing court). The form includes detailed information about the conviction, the time elapsed since sentencing, and the petitioner's circumstances. Michigan has standardized forms available through the Michigan Courts website.

Serve copies on the prosecutor and the MSP. Both entities have the right to oppose the petition. The Michigan Attorney General's office may also have a role in certain cases.

Pay the filing fee. Filing fees vary by county but typically range from $50 to $100 for the petition itself, plus fingerprint check costs.

Attend the hearing. The court schedules a hearing where the petitioner can present evidence supporting expungement and the prosecutor (if opposing) can present opposing evidence. The petitioner bears the burden of demonstrating that expungement serves the interests of justice.

The court's decision. If granted, the court issues an order setting aside the conviction. The order is forwarded to the MSP and the conviction is removed from the CHR database. The petitioner becomes effectively conviction-free for most civil purposes.

The typical timeline from filing to decision is two to four months, though some courts move faster than others.

What "set aside" actually means

The Michigan framework uses the term "set aside" rather than "expunge," but the practical effect is similar to expungement in other states.

When a conviction is set aside under MCL 780.621:

The conviction is removed from public-facing criminal history reports. ICHAT searches and most employer/landlord background checks will not show the conviction.

The conviction cannot be required to be disclosed in most civil contexts including employment applications, housing applications, and educational applications.

The conviction does not exist for purposes of computing future sentence enhancements or career criminal enhancements under Michigan law.

The individual can answer that they have no criminal conviction in most situations where the question is asked.

What setting aside does NOT do:

The conviction record itself is not destroyed. The MSP, the courts, and other government agencies retain the records for various official purposes.

Set-aside convictions are accessible to law enforcement, prosecutors, courts, and certain licensing authorities. The records can be used in subsequent criminal proceedings if the individual is charged with a new offense.

Set-aside convictions remain visible to entities required by state or federal law to conduct fingerprint-based background checks, particularly for positions involving children, vulnerable adults, or sensitive government roles.

The set-aside doesn't restore federal firearm rights. State and federal firearms prohibitions arising from the underlying conviction may continue after state-level set-aside.

The set-aside doesn't eliminate federal immigration consequences. Federal immigration law doesn't recognize state-level expungement or set-aside for immigration purposes; deportation, inadmissibility, and naturalization consequences from the underlying conviction may continue.

How Michigan compares to other state frameworks

Michigan's framework is among the most expansive in the country but operates somewhat differently from comparable state systems:

Compared to Pennsylvania's Clean Slate (the first state to enact automatic record sealing in 2018, with the framework expanded through Clean Slate 3.0 in 2023): Pennsylvania has shorter waiting periods (5 years for summary offenses, 7 years for misdemeanors, 10 years for qualifying drug felonies) but doesn't include the broad felony coverage of Michigan's framework. Pennsylvania's automatic framework covers more convictions in absolute terms but Michigan's framework reaches more serious offense categories.

Compared to New York's Clean Slate Act (CPL §160.57, effective November 16, 2024): Both states allow multiple convictions to be relieved automatically. New York uses 3-year and 8-year waiting periods (somewhat different from Michigan's 7 and 10). New York's framework hasn't yet completed its implementation rollout (full implementation by November 2027), while Michigan's framework has been operational since April 11, 2023.

Compared to California's framework (1203.4 dismissal layered with automatic provisions under AB 1076 and §1203.425): California's framework is more procedurally complex but provides somewhat different substantive relief (dismissal rather than just set-aside). Michigan's framework is more streamlined.

Compared to Florida (where sealing and expungement are limited to one-time relief obtained through a procedurally complex Certificate of Eligibility framework with FDLE review): Florida's framework requires individual petition, lifetime limit, FDLE review, and substantial procedural steps. Michigan's framework provides automatic relief without any of those steps for qualifying convictions.

Compared to Texas (which provides true expunction under Chapter 55A for non-conviction cases but generally not for conviction cases): Texas expunction destroys records when it applies, but applies to a much narrower set of cases than Michigan's set-aside framework. Michigan provides broader relief to a wider range of conviction cases.

The broader national trend toward automatic record relief is detailed in our state-by-state expungement framework overview. Michigan's framework is among the most expansive in terms of conviction types eligible and represents one of the strongest models for criminal justice record relief in the U.S.

Strategic considerations for individuals

For Michigan residents with eligible convictions:

Check your current criminal history record. Request a copy of your Michigan criminal history report through the MSP ICHAT system (online, approximately $10) or through a fingerprint-based check (more comprehensive). The report shows the current status of all your Michigan convictions and identifies any that have been automatically set aside.

Identify which convictions qualify for automatic relief. Review the eligibility criteria against your specific records. Note the waiting period for each conviction. Identify the projected date when each conviction becomes eligible for automatic set-aside.

Wait for automatic relief or pursue petition-based expungement. For convictions that will be automatically set aside in the near future and aren't causing immediate harm, waiting for automatic relief is the simplest path. For convictions causing current harm (preventing specific employment, housing, or other opportunities) or where the petition-based shorter waiting period would help, the petition path is worth pursuing.

Identify convictions excluded from both frameworks. Convictions in the categorically excluded categories (assaultive crimes, sex offenses, etc.) won't be relieved through either framework. For these convictions, alternative paths (gubernatorial pardon, post-conviction relief based on new evidence, etc.) are the remaining options.

Verify set-aside completion. After expected automatic set-aside dates or after petition-based expungement orders, verify that the MSP CHR database has been updated and the conviction no longer appears on ICHAT searches. Errors can occur in the automatic process and should be corrected if identified.

For petition-based cases, consider attorney representation. While petition-based expungement is procedurally manageable for self-representation in straightforward cases, contested cases (where the prosecutor opposes) typically benefit from counsel. Michigan expungement attorneys typically charge $750 to $2,500 per case depending on complexity. Some legal aid organizations provide free assistance for qualifying low-income individuals.

Don't assume federal protections. Michigan set-aside doesn't affect federal background checks, federal firearms rights, federal immigration consequences, or other federal-level matters. For situations involving federal entities or interests, the state-level set-aside provides limited or no protection.

For employers and licensing entities operating in Michigan, the Clean Slate framework creates specific obligations and limitations. Employers cannot inquire about set-aside convictions in most contexts, cannot take adverse action based on set-aside convictions for most positions, and need to update background check procedures to comply with the framework. Industries with specific fingerprint-based background check requirements (childcare, healthcare, financial services in certain roles) face different rules and should consult with employment counsel on compliance.

The Michigan Clean Slate Act represents one of the most significant criminal justice reforms in the state's history. For the more than 1.5 million Michiganders whose records have been automatically set aside since April 11, 2023, the framework provides relief that wasn't accessible under the prior petition-only system. The combination of automatic set-aside for qualifying convictions and expanded petition-based expungement provides multiple paths to relief that serve different individual circumstances. For people navigating the system in 2026, the work is primarily in identifying which convictions qualify for which path and following through on the procedural steps required by either framework.