Michigan Criminal Record Set Aside: Check Eligibility, File Forms and Verify Removal
A Michigan arrest record, dismissed criminal case and criminal conviction do not follow the same clearing process. Some eligible convictions are removed automatically, others require an application in the convicting court, and qualifying dismissed or acquitted cases use separate arrest-record and biometric-data rules.
This guide helps you identify the correct route, search the original court case, calculate the waiting period, find excluded offenses, prepare Form MC 227, obtain certified records and fingerprints, serve the required agencies, attend the hearing, and verify that the public record was updated after an order.
NONPUBLIC
Start here: which Michigan record-clearing path applies?
Use the case disposition and record location to choose the correct next step.
Charge dismissed or acquitted
Check whether the court reported the dismissal or acquittal and whether the arrest entry was removed from public ICHAT. Fingerprint and arrest-record destruction rules may apply separately.
Use the dismissed-arrest route →Possible automatic set aside
Do not file immediately. Search ICHAT and the convicting court first to see whether Michigan’s automatic Clean Slate process already removed the conviction.
Check automatic eligibility →Application-based set aside
File Form MC 227 in the court where the conviction occurred, then send the required packet to MSP, the Attorney General and the prosecuting office.
Build the application packet →Marijuana, OWI, trafficking or juvenile case
These matters can use different forms, eligibility rules, waiting periods or court procedures. Do not force them into the standard MC 227 workflow.
Review special procedures →Arrest removal and conviction set aside are not identical
| Record situation | What happened | Likely action | What may remain |
|---|---|---|---|
| Arrest with no filed charge | The person was arrested, but the prosecutor did not file a criminal case. | Obtain a fingerprint-based personal record and contact the arresting agency or MSP if an incorrect or unresolved arrest entry remains. | Agency incident records may be governed by separate retention and disclosure rules. |
| Dismissed before trial | A filed charge ended without a conviction before trial. | Confirm the dismissal order, public ICHAT removal and any biometric-data destruction process under the applicable statute. | A nonpublic or agency record may remain when a statutory exception or objection applies. |
| Not guilty or acquitted | The defendant was found not guilty. | Ask the clerk whether the final disposition was reported to MSP and whether the approved acquittal or dismissal order addressed arrest records and biometric data. | The court and agencies may retain material when another charge or exception applies. |
| Deferred and dismissed | The case was dismissed after successful completion of a statutory deferral. | Determine whether the result is already nonpublic and whether it counts as a conviction for a specific set-aside eligibility calculation. | A limited nonpublic record can remain accessible for purposes authorized by law. |
| Conviction set aside | A conviction was removed from normal public view automatically or by court order. | Verify the court record, ICHAT and any private background report after processing. | MSP retains a nonpublic record that can be accessed for limited legal, licensing and law-enforcement purposes. |
Find the original Michigan court case before applying
The application must be filed in the court where the conviction occurred. If convictions are spread across different courts, prepare a separate application for each court.
MiCOURT case-search micro-steps
- Search the legal name used at the time of the case.
- Try former names, aliases, suffixes and spelling variations.
- Match the date of birth, court, case number and offense date.
- Open the register of actions and identify the final disposition.
- Record the exact conviction statute, sentencing date and discharge dates.
- Call the clerk when the case is not online or when a certified copy is required.
What to request from the clerk
- A certified judgment of sentence;
- A certified probation order;
- A certified register of actions;
- The case number and exact statutory citation;
- Sentencing, discharge and incarceration-completion dates;
- Current local filing instructions and hearing scheduling policy.
No public online result?
The case may predate online records, be maintained by a nonparticipating court, have a spelling difference, already be nonpublic, or require a clerk search. A blank MiCOURT search is not proof that the case never existed.
Local tip: give the clerk the approximate year, prior legal name and offense location. Older files are often easier to locate with a case number or conviction year.
Check what is currently visible before filing
Use both a public search and, when necessary, a fingerprint-based personal record. They answer different questions.
ICHAT: $10 per name search
Michigan State Police ICHAT displays publicly available Michigan criminal-history information. It does not show every court case, warrant, juvenile matter, federal case or nonpublic record.
Fingerprint-based personal record: $30
This MSP process can return public and nonpublic Michigan criminal-history information associated with the submitted fingerprints. MSP advises allowing approximately three to five weeks for processing and mail delivery.
Open personal record instructions →Convicting-court record
The court provides the certified conviction document needed for the application and confirms whether an automatic or application-based order has already been entered.
Find the court clerk →Michigan automatic Clean Slate eligibility
Automatic set aside began in April 2023. An eligible conviction can be removed without filing Form MC 227 or attending a hearing, but limits and exclusions still apply.
| Conviction category | Automatic limit | Waiting period | Starting point |
|---|---|---|---|
| Misdemeanor punishable by 92 days or less | No numerical limit for otherwise eligible convictions. | 7 years. | Date sentence was imposed. |
| Misdemeanor punishable by 93 days or more | Up to 4. | 7 years. | Date sentence was imposed. |
| Felony | Up to 2. | 10 years. | Sentencing or completion of MDOC imprisonment, whichever is later. |
Additional automatic conditions
- The applicable waiting period must be complete.
- No pending criminal charge may appear in the MSP database.
- No new recorded conviction may have occurred during the applicable waiting period.
- The offense must not fall within an automatic-set-aside exclusion.
- The person must remain within the automatic numerical limits.
How to verify an automatic removal
- Run an ICHAT public search.
- Check the court of conviction.
- Obtain a fingerprint-based personal record when you need to see public and nonpublic information.
- Email MSP-CRD-CSAAUTOMATIC@michigan.gov if an apparently eligible record was not automatically cleared.
Michigan application-based expungement limits
Up to 3 in a lifetime
An applicant can generally seek to set aside up to three felony convictions, subject to offense exclusions and special limitations.
No general numerical cap
Michigan permits applications involving an unlimited number of otherwise eligible misdemeanors, but assaultive and other offense-specific restrictions still apply.
No more than 2
A person may have no more than two assaultive crimes set aside during their lifetime.
Only one 10-year felony
Only one felony punishable by imprisonment for 10 years or more may be set aside through the ordinary application process.
Application waiting periods and how to calculate them
| Application situation | Minimum wait | Practical calculation |
|---|---|---|
| More than one felony | 7 years. | Measure from the latest controlling event listed in the statute, including sentencing, imprisonment completion, probation completion or parole completion as applicable. |
| One felony | 5 years. | Use the latest applicable sentence or discharge event—not merely the arrest date. |
| Serious misdemeanor or qualifying first OWI | Generally 5 years. | Confirm the offense classification and the latest sentence-completion event with the court record. |
| Most other misdemeanors | 3 years. | Calculate from the latest applicable sentence, incarceration, probation or parole event. |
| Qualifying marijuana misdemeanor | No standard waiting period. | Use the separate MC 227a procedure for eligible conduct that would not have been criminal after December 6, 2018. |
Convictions that generally cannot be set aside
The precise statute and attempt provision must be checked. A short offense label is not enough for a reliable eligibility decision.
Life-maximum felonies
A felony punishable by life imprisonment, including an attempt when covered by the exclusion, is not eligible through the ordinary set-aside process.
Specified sexual offenses
First-, second- and third-degree Criminal Sexual Conduct are excluded. Fourth-degree CSC convicted on or after January 12, 2015 is also excluded.
Specified child offenses
Second-degree child abuse, child sexually abusive activity or material, and certain computer-use offenses connected to excluded crimes cannot be cleared.
Most repeat OWI offenses
Only a qualifying first-time OWI may use the application route. Repeat OWI and cases involving injury or death are excluded.
Specified traffic cases
Commercial-vehicle offenses and traffic offenses causing serious injury or death are excluded. Some set-aside traffic convictions still remain on the driving record.
Human trafficking offenses
Convictions for committing human trafficking, forced labor or debt bondage are excluded, although a victim of human trafficking may have a separate route for offenses committed because of victimization.
Specified domestic-violence felony
A felony domestic-violence conviction may be excluded when the person has the prior domestic-violence history described by Michigan law.
Pending criminal charges
An application should disclose every pending criminal charge in the United States or another country. A pending matter can prevent or delay relief.
Statute-specific restrictions
Attempt offenses, deferred cases, out-of-state convictions and multiple counts can change the count and eligibility analysis. Verify the exact MCL citation.
Step-by-step Michigan expungement application process
This is the ordinary adult conviction workflow using Form MC 227. Marijuana, human-trafficking and juvenile procedures use different forms.
Review the public and personal record
Search ICHAT, MiCOURT and the convicting court. Use a fingerprint-based personal record when identity, nonpublic entries or an incorrect arrest segment must be confirmed.
Confirm eligibility using the exact statute
Identify the conviction citation, maximum penalty, assaultive classification, traffic status, conviction count and waiting period. Do not rely only on the charge title.
Obtain certified court records
Request a certified judgment of sentence, probation order or register of actions for every conviction included in that court’s application.
Obtain an official fingerprint card
Michigan residents generally use a Michigan Applicant Fingerprint Card, RI-008. Call the local police agency or MSP post first to confirm fingerprint hours, identification and local fee.
Complete Form MC 227
Enter the current name and address, each conviction, prior set-aside applications, pending charges and required declarations. Sign the application in front of a notary.
File in the convicting court
File the original application and certified records with the court where the conviction occurred. Ask whether the clerk assigns the hearing immediately or waits for agency responses.
Send the required packets
Mail the required material to Michigan State Police with the fingerprint card and $50 processing fee. Send application packets to the Attorney General ACE Division and the prosecutor that handled the conviction.
Track MSP and Attorney General responses
MSP sends the criminal-history report to the court. The Attorney General states its response may take up to three months after the MSP report is completed.
Prepare for and attend the hearing
Bring proof of filing and service, certified records, the application, rehabilitation evidence, employment or education information and concise answers about why relief is consistent with public welfare.
Verify every public record after the order
Confirm the signed order with the clerk, recheck ICHAT, inspect MiCOURT and dispute any stale private background report using a certified copy of the order.
Michigan set-aside forms and what each one is for
| Form | Purpose | What to do after opening it |
|---|---|---|
| MC 227 | Standard adult application to set aside conviction or convictions. | Open MC 227 → read every instruction page → enter each conviction from certified records → disclose pending charges and prior applications → sign before a notary. |
| MC 228 | Court order granting or denying the ordinary application. | Open MC 228 → do not sign as the judge → bring a proposed copy only when the local court requests it. |
| MC 227a | Application for qualifying misdemeanor marijuana convictions. | Open MC 227a → list qualifying convictions → attach certified records → file with the convicting court → serve the prosecuting agency. |
| MC 262 | Approved order addressing acquittal, dismissal or remand in qualifying cases. | Open MC 262 → compare it with the order in the case file → ask the clerk whether the final disposition and biometric instructions were transmitted. |
| JC 66 | Application to set aside a juvenile adjudication. | Open JC 66 → confirm juvenile eligibility and Family Division jurisdiction → follow the separate adjudication procedure. |
Build the application packet without missing a recipient
Convicting-court packet
- Completed and notarized MC 227
- Certified conviction records
- Local cover sheet, if required
- Extra copy for a file-stamped return
- Self-addressed stamped envelope if filing by mail
- Local hearing or proposed-order documents
Michigan State Police packet
- Copy of the filed application
- Certified conviction documents
- Completed fingerprint card
- $50 MSP processing fee
- Payment in the form required by current instructions
- Tracking or mailing proof
Attorney General packet
- Copy of the filed application packet;
- Certified conviction materials included in the application;
- Case and court identifiers clearly visible;
- No fingerprint card or MSP processing payment unless current instructions specifically require otherwise.
Prosecutor packet
- Send to the prosecuting office that handled the conviction;
- Do not assume every case was prosecuted by the county prosecutor;
- A city, township or village attorney may have handled an ordinance case;
- Keep proof of service and the address used.
State mailing addresses and processing contacts
Michigan State Police — Criminal History
Criminal Justice Information Center – Criminal History
P.O. Box 30266
Lansing, MI 48909
Criminal-history help desk: 517-241-0606
Use the exact mailing address printed on the current form instructions when it differs from a general agency address.
Attorney General ACE Division
Michigan Department of Attorney General
Assistance with Convictions and Expungements Division
P.O. Box 30217
Lansing, MI 48909
Department main phone: 517-335-7622
Local filing tips for Michigan courts
Wayne County and Detroit cases
Do not assume every Detroit-area conviction belongs in the Third Circuit Court. A misdemeanor may belong in the 36th District Court or another local district court, while a felony conviction may be in circuit court.
Oakland and Macomb cases
The county name alone does not identify the convicting district court. Use the original case number or offense location to locate the correct district before filing.
Kent and West Michigan cases
Confirm whether the target conviction is a district-court misdemeanor or a circuit-court felony. Ask the clerk whether local practice requires a proposed order or delayed hearing date.
Old or archived cases
Tell the clerk the conviction year, former name, birth date and approximate offense date. Certified archived records may take longer than a current online case printout.
Multiple courts
File separately in each convicting court. Do not combine Detroit, suburban, circuit and out-county convictions into one application merely because they appear on one ICHAT report.
Before mailing
Call the criminal clerk and ask for the current set-aside filing process, number of copies, accepted delivery method, hearing scheduling practice and whether the court requires an additional local cover sheet.
“I am preparing an application to set aside conviction case number [case number]. Please confirm whether this is the convicting court, which certified record I should order, how many application copies are required, whether the hearing is scheduled at filing, and whether your court requires a proposed order or local cover sheet.”
Prepare for the Michigan set-aside hearing
Eligibility allows the judge to consider the request; it does not guarantee approval. The court reviews the applicant’s circumstances, behavior and whether relief is consistent with public welfare.
Bring an organized hearing folder
- File-stamped application
- Proof of service and mailing
- Certified conviction documents
- MSP criminal-history report
- Attorney General and prosecutor responses
- Employment or education evidence
- Treatment or program completion
- Community and family responsibilities
- Licensing or housing impact
- Proposed order if requested
Prepare concise answers
- What has changed since the conviction?
- How have you complied with the sentence?
- Why is the request important now?
- What employment, housing, education or licensing barrier exists?
- Have there been any new convictions or pending charges?
- Why is setting the conviction aside consistent with public welfare?
What happens when the judge grants the application?
The order is entered
Obtain a certified or file-stamped copy and verify every conviction listed in the granted portion.
Agencies are notified
The court sends the order to MSP, the prosecuting authority and other required recipients.
Public access is restricted
The conviction is treated as set aside for most public-record and ordinary background-check purposes.
A nonpublic record remains
MSP retains a limited nonpublic record that can be used or disclosed for purposes authorized by Michigan law.
What a Michigan expungement does—and does not do
| Usually changes | Does not automatically change |
|---|---|
| The conviction is removed from ordinary public criminal-history access. | Money already paid for fines, costs or fees is not refunded. |
| Most employers, landlords and public background searches should no longer see the set-aside conviction through Michigan’s public systems. | Unpaid victim restitution remains enforceable. |
| The person is generally treated as not previously convicted, subject to statutory exceptions. | A victim’s civil claim or defense is not erased. |
| The court must restrict public access to information related to the set-aside conviction. | Certain convictions can still be considered for later charging, sentencing, law-enforcement employment or authorized licensing reviews. |
| An ordinary Michigan ICHAT search should stop displaying the conviction after processing. | A set-aside traffic conviction may remain on the Secretary of State driving record. |
Clearing an arrest when the charge was dismissed or ended in acquittal
Do not file a conviction-expungement application when there was no conviction unless the court or a qualified reviewer confirms that a separate set-aside procedure applies.
Obtain the final dismissal or acquittal order
Ask the clerk for the register of actions and signed final order. Confirm whether every charge was dismissed or only one count.
Check the public ICHAT record
Michigan law provides for removal of qualifying dismissed arrest entries from ICHAT. Search the current record rather than assuming the court transmission was completed.
Review biometric-data eligibility
Fingerprint, arrest-card and biometric-data destruction can depend on whether the case was dismissed before trial, whether the prosecutor or judge objected, whether another charge remained and whether a prior conviction creates an exception.
Contact the record originator
If the arrest was reported incorrectly, contact the arresting agency shown in the arrest segment. If the disposition is missing, begin with the court clerk that should have transmitted it.
Use a fingerprint-based personal review
A personal MSP record can show whether the arrest remains in public or nonpublic criminal-history information associated with your fingerprints.
Request correction with supporting documents
Provide the certified dismissal, acquittal or correction order to the court, arresting agency or MSP unit responsible for the inaccurate or incomplete entry.
MSP record-correction route
MSP criminal-history assistance email: msp-crd-crimhelp@michigan.gov.
Special Michigan expungement procedures
One qualifying first-time OWI
A person may apply to set aside one qualifying first-time OWI after at least five years when the offense did not involve injury or death. It is not automatically cleared, and the driving record is not automatically erased.
Review Michigan Courts Clean Slate forms →Conduct no longer criminal after legalization
Use MC 227a for qualifying possession, use, paraphernalia or comparable local-ordinance convictions based on conduct that would not have been criminal after December 6, 2018.
- No ordinary waiting period;
- No MSP fingerprint card or $50 fee for this simplified route;
- File with the convicting court;
- Serve the prosecuting agency;
- The prosecutor carries the burden of rebutting the statutory presumption.
Offense caused by victimization
A trafficking victim can have a separate application route for qualifying convictions committed because of the victimization. The procedure can permit multiple convictions and different timing rules.
Use the human-trafficking-specific application and order listed on the official Michigan Courts Clean Slate page.
Family Division process
A juvenile adjudication is not cleared through adult Form MC 227. Michigan has separate application and automatic-set-aside rules for eligible juvenile adjudications.
Open juvenile Form JC 66 →Nonpublic does not always mean erased
Successful deferrals under statutes such as controlled-substance or domestic-violence provisions can create nonpublic records accessible for limited purposes. Verify how the specific deferral is treated before filing another application.
Michigan court lacks authority
Michigan’s set-aside process applies to qualifying Michigan convictions. A federal conviction or conviction from another state must be addressed through that jurisdiction’s law.
Verify removal after an automatic or court-ordered set aside
Do not assume every database updates on the day the order is signed.
Confirm the signed order
Obtain the entered order and check the name, case number and every conviction granted.
Recheck the court
Search MiCOURT and ask the clerk whether public access has been restricted correctly.
Run a new ICHAT search
After reasonable processing time, purchase a fresh result instead of relying on an older saved report.
Dispute private reports
Send the reporting company the entered order and identify the exact stale case entry. Keep confirmation of the dispute.
“The attached certified order set aside conviction case number [case number] in [court] on [date]. Your report continues to display the conviction as public and active. Please reinvestigate the entry, update or remove the inaccurate public information, and send written confirmation of the result.”
Expected costs and processing timeline
| Item | Current known amount or timing | Planning note |
|---|---|---|
| ICHAT public search | $10 per name search. | Paying does not guarantee a matching record. |
| Fingerprint personal record | $30 MSP processing fee. | Local fingerprinting costs can be additional. |
| MC 227 MSP processing | $50. | Use the payment method shown on current instructions. |
| Certified court records | Varies by court and number of pages. | Ask for the cost before ordering archived or multi-case records. |
| Fingerprinting service | Varies by law-enforcement agency. | Call for hours, ID and accepted payment. |
| Attorney General response | May take up to 3 months after the MSP report. | Avoid scheduling an unrealistically early hearing. |
| Entire application process | Can take up to approximately 8 months. | Court schedule, missing documents and agency processing affect timing. |
Michigan Attorney General Lansing office map
The Attorney General’s physical office is shown for statewide agency identification. Expungement packets use the ACE Division mailing address in the current instructions, and the original application must be filed with the convicting court—not at this map location.
Common Michigan expungement mistakes
Filing before checking automatic removal
An eligible conviction may already be set aside. Check ICHAT and the court before building a paid application packet.
Using the arrest date for the waiting period
Eligibility is generally measured from a later sentencing, imprisonment, probation or parole event.
Filing in the county of residence
The application belongs in the court where the conviction occurred, even when the applicant now lives elsewhere.
Combining several courts
Prepare a separate application for each convicting court.
Sending an uncertified web printout
The packet requires certified conviction records, not only a screenshot or ordinary MiCOURT page.
Forgetting the fingerprint card
The standard MC 227 MSP packet requires fingerprints. The simplified marijuana route is different.
Serving the wrong prosecutor
A local ordinance case may have been handled by a city, township or village attorney rather than the county prosecutor.
Assuming expungement destroys everything
A limited nonpublic record remains, and police incident records can follow separate rules.
Failing to verify after approval
Check the court, ICHAT and private background reports after the order is processed.
10 essential answers about Michigan arrest expungement
These ten answers cover the most important arrest-record, court-search and conviction set-aside questions.
1. Is a Michigan expungement the same as setting aside a conviction?
2. Does Michigan automatically expunge eligible convictions?
3. How many Michigan convictions can I apply to expunge?
4. How long must I wait to apply for a Michigan expungement?
5. What form is used to set aside an adult Michigan conviction?
6. How much does a Michigan expungement application cost?
7. Where do I file a Michigan expungement application?
8. Can a dismissed Michigan arrest be removed without a conviction-expungement application?
9. Will an expunged Michigan conviction disappear from every database?
10. How do I verify that my Michigan record was expunged?
Official Michigan expungement and court resources
Eligibility, forms and filing
- Michigan Attorney General Expungement Assistance — compare automatic, application, OWI, marijuana and excluded-offense rules.
- Michigan Courts Clean Slate — download current SCAO forms and court materials.
- Form MC 227 — complete the ordinary adult application using certified case information.
- Form MC 227a — use only for qualifying misdemeanor marijuana convictions.
- Michigan Trial Court Directory — find the convicting court and clerk.
Record search and correction
- MiCOURT Case Search — find available case numbers, parties and dispositions.
- Michigan ICHAT — check publicly available MSP criminal history.
- MSP Automatic Clean Slate — review automatic limits, exclusions and waiting periods.
- MSP Search, Expunge, Modify or Update Records — order a fingerprint record or address incorrect criminal-history data.
- MCL 780.621 — review current statutory eligibility and prohibited convictions.