Michigan's Expungement Statute Amended

The Michigan Legislature, effective June 23, 2011, through MCL 780.621 et seq., significantly changed the ability to expunge or set aside a criminal conviction. 

Before June 23, 2011, a person could only expunge or set aside 1 qualifying criminal conviction in Michigan after 5 years from Sentencing, but only if there were no other criminal convictions. It was known as the "1 means 1" rule. Now, a person may expunge or set aside a "qualifying" criminal conviction even if there is more than that 1 conviction, as follows:

• One felony conviction even though there are up to 2 other "minor offense" misdemeanor convictions; and

• Two "minor offense" misdemeanor convictions but only if there are no other felony or misdemeanor convictions. (You can expunge either or both misdemeanors.)

A "minor offense" is defined in MCL 780.621(10)(b), as a misdemeanor or ordinance violation with ALL OF THE FOLLOWING:

• A maximum penalty of not more than 90 days' imprisonment; AND

• A maximum fine not exceeding $1,000.00; AND

• Committed by a person NOT MORE THAN 21 YEARS OF AGE.

Please note that a "minor offense" excludes convictions for 93-day misdemeanors, such as drunk-driving (Operating While Intoxicated or Operating While Visibly Impaired), Retail Fraud-3rd Degree, Larceny Under $200.00, Assault & Battery, and Domestic Violence.

A "qualifying" criminal conviction—i.e., one that you can expunge—is any criminal conviction NOT in the following categories:

• A life-offense felony;

• A "traffic offense" under Michigan's Vehicle Code, MCL 257.1 to MCL 257.923; and

• Any criminal sexual conduct (CSC) offense (or an "attempt" to commit such crime), except CSC-4th Degree, a 2-year misdemeanor, which is expungable.

We'd be happy to help you expunge your criminal conviction. Please call our office at 616-796-0072 to review your case.