Michigan guidance summary

Your answers suggest this may fit Michigan's automatic set-aside process.

Based on what you shared, your situation has characteristics that often align with Michigan's Clean Slate automatic set-aside criteria. Here's what that usually means — and what's worth understanding before your next step.

Michigan's Clean Slate Act created a process where certain convictions can be set aside automatically — without filing a petition, without a hearing, without an attorney. For records that qualify, the Michigan State Police processes the set-aside once the waiting period has passed.

When we say your situation "may fit" this process, we mean your answers share characteristics with records that typically fall into this category: the offense type, the amount of time elapsed, and other factors you described.

This is a meaningful starting point. It is not a confirmation that your record has already been cleared.

Check your official Michigan record

Before any other step, check what your official Michigan record currently shows. Use ICHAT — Michigan's official criminal history tool. It takes a few minutes and costs a small fee.

Check my Michigan record on ICHAT

What you can say on applications

Once a conviction is set aside, Michigan law generally allows you to say you don't have a conviction for that offense on most applications. Michigan law also generally prohibits most employers from asking about or considering set-aside convictions in hiring decisions.

There are exceptions — certain government employment categories, law enforcement, and some professional licensing situations have specific rules. But for most private employment and housing, a set-aside conviction is one you can truthfully say you don't have.

Understanding what "set aside" actually changes

  • Removed from your official Michigan criminal record
  • Most employers and landlords cannot legally consider it
  • You can generally answer "no" on most job and housing applications
  • Private background check companies are not automatically updated
  • Federal records, if any, are separate from Michigan records
  • Certain professional licenses and government roles have different rules

Michigan guidance summary

Your answers suggest your situation may involve a petition-based process.

Based on what you shared, your record may not fit the automatic set-aside path directly. That doesn't mean the door is closed — it means a different process may be the right one. Here's what that usually looks like.

Michigan has two main expungement paths: automatic set-aside, which happens without you filing anything, and petition-based expungement, which involves filing a petition with the court.

When your situation points toward manual review or petition-based expungement, it often means one or more of these things: the offense type or severity falls outside the automatic set-aside criteria, the total number of convictions is a factor, or some detail of the record requires closer examination. This is not a signal that expungement isn't possible. It means the route is different.

Petition-based expungement is a real, frequently used legal process. Many people successfully obtain expungement through it every year.

Check your official Michigan record

Before any other step, check what your official Michigan record currently shows. Use ICHAT — Michigan's official criminal history tool. It takes a few minutes and costs a small fee.

Check my Michigan record on ICHAT

Michigan Legal Help

Michigan Legal Help (michiganlegalhelp.org) has free step-by-step guides for filing a petition without an attorney. Most people in straightforward cases don't need to hire a lawyer.

Go to Michigan Legal Help →

Michigan guidance summary

We weren't able to identify a clear pathway from what you shared.

That doesn't mean there's no path forward. It means the details that determine your specific situation require more information than a short quiz can collect. Here's what those details are — and how to get them.

Michigan's expungement law is specific. Whether a record qualifies for automatic set-aside, petition-based expungement, or neither depends on precise details: the exact conviction, how it's classified under Michigan law, when the sentence fully ended, and whether there have been subsequent offenses.

A short quiz can give a meaningful starting point when the answers are clear-cut. When they're not — or when the answers suggest something that requires more specificity to assess — the honest response is to say so rather than give you guidance that might be wrong.

This result is not a determination that you don't qualify. It's a signal that more information is needed before a meaningful answer is possible.

Check your official Michigan record

Before any other step, check what your official Michigan record currently shows. Use ICHAT — Michigan's official criminal history tool. It takes a few minutes and costs a small fee.

Check my Michigan record on ICHAT

Official records and private background check databases are different systems.

If you've searched your name online, or if a background check came back with something you expected to be gone, this is worth understanding separately.

Michigan expungement and set-aside affect your official Michigan record. They don't automatically update every database that has ever stored information about you. Private background check companies — the ones most employers use — maintain their own databases and update on their own schedules. A record can be cleared from Michigan's official system while still appearing in a consumer report.

This is a known, structural issue. It doesn't mean the expungement failed. Understanding it is the first step to addressing it.

Why your record still appears online →

What matters most right now?

General

Save this summary and use it as a starting point. The next useful move is understanding what your official Michigan record currently shows, then matching those details to the right pathway.

The most common misunderstanding for people in this situation

Eligible for automatic set-aside and already set aside are two different things.

The automatic process happens on a schedule. There is a gap — sometimes weeks, sometimes longer — between when a record becomes eligible and when it actually gets processed. And even after processing, different systems update at different speeds. Your official Michigan record may have changed while a consumer background check database still shows the old information.

Before you assume your record is clear, the most useful step is to check what your official Michigan record currently shows.

For people who've never interacted with the legal system outside of their original case, "filing a petition" can sound more daunting than it is. Here's what it typically involves at a high level.

A petition for expungement is filed with the court that handled the original conviction. The filing includes information about the conviction, a statement about what has happened since, and a request for expungement. The prosecuting attorney and the Michigan Attorney General are notified and have an opportunity to object. A hearing date is set — typically several months out.

At the hearing, a judge considers factors including the nature of the conviction, the time elapsed, what has happened in the person's life since, and whether there's an objection. The person can attend and speak. Attorneys can represent them but are not required.

If the petition is granted, the conviction is set aside. If denied, there is generally a waiting period before filing again.

This is a general description. The specific process varies by county and by case.

This is not a lesser outcome

Petition-based expungement ends in the same place as automatic set-aside: a court-ordered removal of the conviction from your record. The process is more involved, but the result is the same. Many people who don't qualify for automatic set-aside qualify for petition-based expungement.

Understanding what a court looks at during an expungement hearing helps make the process feel less like a black box.

Courts generally consider: how much time has passed since the conviction and sentence completion; the nature of the offense and whether it involved harm to another person; the person's record since the conviction; evidence of rehabilitation, stability, or community contribution; and whether there are objections from the prosecutor.

None of these factors are individually determinative. A petition for a more serious offense can succeed with the right combination of time and changed circumstances. A petition for a minor offense can face complications if the record since hasn't been clean.

The overall picture matters more than any single factor.

Michigan law treats similar-sounding situations very differently based on specific details.

The exact conviction name matters. Two offenses that sound similar — both described informally as "drug possession," for example — can fall under different statutes with different expungement eligibility. The specific statute determines what applies.

Misdemeanor vs. felony classification matters. The distinction affects waiting periods, limits on how many convictions can be expunged, and which expungement path applies.

When the sentence fully ended matters. The waiting period clock starts from sentence completion, not conviction date. If the sentence included fines, fees, probation, or parole, the completion date may be different from what you'd assume.

Whether there have been other convictions matters. Michigan limits how many convictions can be expunged in total. Having multiple convictions affects eligibility in ways that are specific to the combination.

If you can gather the following, EraseMyCrime can give you more specific guidance — and you'll have what you need if you pursue expungement further through any channel.

  1. The exact name of the conviction. As it appears on your court record or in the official court disposition — not how you remember it being described, but the legal name. This is what determines eligibility under Michigan law.
  2. The Michigan statute. The statute number associated with the conviction. Court records include this. It's what distinguishes between similar-sounding offenses.
  3. Whether it was a misdemeanor or felony. And, if a misdemeanor, whether it's a 93-day, 1-year, or 2-year misdemeanor. The classification affects waiting periods and limits.
  4. The sentence completion date. When was the last part of your sentence fully finished? The last day of probation or parole, the date fines were fully paid, the discharge date from any incarceration — whichever was last.
  5. Any subsequent convictions. A clear picture of your record since the conviction in question.

This is not a closed door

Not having a clear answer yet is different from not having options. The details that determine your specific situation require more precision than a short quiz can capture. Gathering the information listed above — specifically your ICHAT record and court disposition — is the concrete next step.

Once you have the specific details, you have options.

You can return to EraseMyCrime and go through the quiz again with more precise answers — the additional specificity will likely lead to a clearer result.

The important thing is that gathering this information is the productive next step — it's what moves you from "unclear" to "clear."

This tool provides general guidance based on publicly available Michigan law. It is not legal advice, and it does not create an attorney-client relationship. Individual circumstances vary. For legal advice specific to your situation, consult a licensed Michigan attorney.