Expungement of Criminal Convictions

The statutory procedure for setting aside convictions in Michigan is as follows.

MCLA 780.621.Motion to set aside conviction;

Sec. 1. (1) Except as provided in subsection (2), a person who is convicted of not more than 1 offense may file an application with the convicting court for the entry of an order setting aside the conviction.

(2) A person shall not apply to have set aside, and a judge shall not set aside, a conviction for a felony for which the maximum punishment is life imprisonment or an attempt to commit a felony for which the maximum punishment is life imprisonment, a conviction for a violation or attempted violation of sections 750.520c, 750.520d, and 750.520g; being second and third degree criminal sexual conduct, assault with intent to commit criminal sexual conduct, or a conviction for a traffic offense.

(3) An application shall not be filed until the expiration of 5 years following imposition of the sentence for the conviction that the applicant seeks to set aside or 5 years following completion of any term of imprisonment for that conviction, whichever occurs later.

Application to Set Aside Conviction is Michigan Approved Court (Form MC-227). This form is available at Kalamazoo Public Library or on the web at http://courts.michigan.gov/scao/courtforms/ or the court clerk’s office.

If you are applying to set aside a juvenile adjudication, use the form called Application to Set Aside Adjudication (Form JC-66). If you were a juvenile who was tried as an adult, you need to use the form Application to Set Aside Conviction (Form MC-227).

Source: MCLA (Michigan Compiled Laws Annotated)

The information presented here is not intended to be a substitute for legal advice or representation. You should talk with an attorney if you have any questions about how this information applies to your own problem or facts.