UNDERSTANDING SET-ASIDE
"Set aside" is Michigan's legal term for what most people call expungement. When a conviction is set aside, something real and significant changes. But what changes is specific — and understanding exactly what it does and doesn't affect is important before making decisions about disclosure, applying for licenses, or disputing background check reports.
This guide explains the practical reality of set-aside: what it affects, who can still access the record, what you can say, and where the limits are.
When a conviction is set aside, it is removed from your official Michigan criminal history record for most public-access purposes. A standard ICHAT check — the kind used for most background checks — will either show the record with a set-aside notation or not show it at all, depending on how the system presents it.
Michigan law prohibits most employers and landlords from asking about or acting on set-aside convictions in their decisions. For most private employment and housing applications, a set-aside conviction is one you can legitimately not disclose.
Once a conviction is set aside, Michigan law generally allows you to answer "no" when applications ask whether you have a conviction for that offense. This applies to most job applications, most housing applications, and most general-purpose background authorization forms.
Set-aside is not deletion. The record continues to exist in certain systems and contexts. Understanding where it persists matters for the decisions you're making.
Law enforcement access
Law enforcement agencies retain access to set-aside records. If you are arrested or charged with a new offense after a set-aside, the prior conviction may be visible to prosecutors and courts. The set-aside doesn't hide the record from the criminal justice system.
Certain professional licensing boards
Some licensing boards in Michigan — particularly in fields involving vulnerable populations, financial services, or public safety — have the right to inquire about set-aside convictions under specific statutes. Each licensing board has its own rules. If a professional license is your specific concern, the board's own regulations are the authoritative source.
Federal systems and federal employment
Michigan's set-aside has no effect on federal background checks, federal employment background investigations, or security clearance processes. Federal systems are entirely separate from Michigan's State Police database. If you are pursuing federal employment, military service, or a security clearance, understand that your Michigan set-aside will not affect what the federal background investigation finds.
Private background check companies
As covered in detail in the companion guide: private background check companies maintain their own databases, and Michigan's set-aside doesn't automatically update them. This is a separate issue with a separate solution. Read: Why Your Record Still Appears Online →
No. The outcome of set-aside is the same regardless of whether it happened automatically under the Clean Slate Act or through a petition filed with the court.
The process is different — automatic requires nothing from you, while petition-based requires you to file and appear at a hearing. But the end result — a set-aside of the conviction — carries the same legal effect. Automatic set-aside is not a lesser version of petition-based expungement, and petition-based is not a stronger version of automatic set-aside. They are two routes to the same legal outcome.
The most reliable way to check is through ICHAT — Michigan's official criminal history tool. It shows your current record status. If the set-aside has been processed, it will appear either as a set-aside notation or as an absent record. If it hasn't been processed yet, the conviction will appear without a set-aside notation.
"Automatic" means the state processes it without you filing anything — but it doesn't mean it happened instantly or that it has already occurred. There's a gap between eligibility and processing.