Can a Felony Be Automatically Expunged in Michigan?

Quick Summary: Yes, some felony convictions can be automatically set aside under Michigan’s Clean Slate Act. However, automatic expungement is limited to qualifying convictions, requires a 10-year waiting period, and does not apply when disqualifying offenses, new convictions, or pending charges prevent eligibility. I help people across Michigan understand whether their record may qualify and what options remain if automatic expungement does not apply.

A criminal record can continue to affect employment, housing, licensing, education, and other opportunities long after a case is over. Michigan’s Clean Slate Act created an automatic set-aside process designed to make relief available to eligible people without requiring them to file paperwork or appear in court. Still, “automatic” does not mean every conviction disappears on its own, and it does not mean every person should wait without checking their options.

What Does Automatic Expungement Mean in Michigan?

Michigan law uses the phrase set aside , which many people refer to as expungement. When a conviction is set aside, it generally becomes nonpublic. That means it should no longer appear on a public Michigan criminal-history search, although certain courts, law-enforcement agencies, and government entities may still be permitted to access it in limited circumstances.

The automatic process began on April 11, 2023. For convictions that qualify, the Michigan State Police uses a computerized process to identify records that have reached the required waiting period. No application, filing fee, hearing, or judge’s signature is required for the automatic process itself.

At Samouris Law Firm, I remind clients that automatic expungement and application-based expungement are separate paths. If a conviction is not eligible for automatic relief, it may still be eligible for a court-filed petition. Reviewing the specific charge, sentence, dates, and record history is essential before assuming there is no available option.

Which Felonies May Be Automatically Set Aside?

A felony may be automatically set aside only if it meets Michigan’s eligibility rules. Generally, the law permits up to two felony convictions to be automatically set aside over a person’s lifetime. The conviction must also be otherwise eligible under Michigan’s expungement laws.

Automatic relief is not available for every felony. Michigan excludes several categories from automatic set-aside consideration, including assaultive crimes, serious misdemeanors, crimes of dishonesty, offenses punishable by 10 or more years in prison, certain offenses involving a minor, vulnerable adult, injury, serious impairment, or death, and human-trafficking-related offenses. Other convictions are also excluded by statute, including many serious sexual offenses, certain domestic-violence convictions, and offenses carrying a potential life sentence.

Because classifications and statutory details matter, I do not recommend relying on the label of an offense alone. A charge that sounds nonviolent may still fall within an excluded category, while another conviction may be eligible through a petition even if it is not eligible for automatic relief. For a closer review of your circumstances, visit my Expungement page.

How Long Does Automatic Felony Expungement Take?

For an eligible felony, Michigan generally requires a 10-year waiting period. The clock starts from whichever of these events happened later: the date the sentence was imposed or the date a term of imprisonment with the Michigan Department of Corrections was completed.

For example, if someone was sentenced for an eligible felony in 2017 but completed a Michigan prison term in 2019, the 10-year period is generally measured from the later 2019 completion date. That could place the earliest automatic set-aside date in 2029, assuming all other requirements are met.

Eligible misdemeanors typically have a seven-year waiting period. Michigan law may allow up to four qualifying misdemeanors punishable by 93 days or more to be automatically set aside, while eligible misdemeanors punishable by 92 days or less may not be subject to the same numerical limit. The rules are detailed, so a full record review matters.

What Can Stop an Automatic Set-Aside?

Time alone is not enough. For many convictions subject to the automatic process, there must be no pending criminal charge in the Michigan State Police database and no new criminal conviction during the applicable waiting period. A later case—even one that seems unrelated to the older conviction—can affect whether and when a record becomes eligible.

Restitution also deserves attention. An automatically set-aside conviction can be reinstated if a court determines that the conviction was set aside in error or that the person did not make a good-faith effort to pay court-ordered restitution. A set-aside does not erase a restitution obligation.

This is one reason I encourage people not to treat the Clean Slate Act as a substitute for individualized legal advice. A record may involve multiple cases, out-of-state history, probation terms, restitution, pending matters, or convictions that must be evaluated together.

When Will My Record Actually Become Nonpublic?

Once the Michigan State Police identifies an eligible conviction, the conviction should become nonpublic in the state criminal-history database. The court that handled the case is also notified and must update its own records. In practical terms, that means the public-facing record may not update everywhere at precisely the same time.

Michigan’s process is designed to run regularly as convictions become eligible, but administrative updates can take time. A public ICHAT search may help confirm whether a conviction is still publicly visible. If a court file remains publicly accessible after a conviction should have been set aside, it may be necessary to investigate whether the record was processed correctly.

At Samouris Law Firm, I work with clients in Lansing, East Lansing, Ann Arbor, Detroit, and throughout Michigan who need a clear answer about the status of a past conviction. My role is to identify practical next steps, whether that means monitoring automatic eligibility, pursuing an application-based expungement, or addressing an underlying criminal matter through my Criminal Defense practice.

Why It Is Important to Review Eligibility Early

Waiting for an automatic set-aside may be the right approach for some people, but not for everyone. If a conviction is eligible for application-based expungement sooner than it would qualify automatically, filing a petition may offer a faster path. In other situations, a conviction may never qualify automatically but could still qualify through the court application process.

I also encourage clients to review their records before applying for a job, professional license, housing, school, or other opportunity where a background check may be involved. Knowing what is public—and what relief may be available—can help avoid surprises and support a stronger plan moving forward.

FAQ

Can a felony be automatically expunged in Michigan?

Yes. Up to two qualifying felony convictions may be automatically set aside, but the felony must meet Michigan’s eligibility requirements and generally must satisfy a 10-year waiting period.

Do I need to file paperwork for automatic expungement?

No. The automatic process does not require an application. However, an attorney can help determine whether your record should already have been set aside or whether a petition may be a better option.

Are all nonviolent felonies automatically expunged?

No. Eligibility depends on the actual statute, maximum possible penalty, criminal-history rules, and other legal restrictions. A nonviolent description does not guarantee automatic eligibility.

Will an expunged conviction disappear from every record?

A set-aside conviction becomes nonpublic, but certain government agencies and courts may retain limited access. It also does not eliminate restitution obligations or automatically change every related record, such as a driving record.

What should I do if my conviction has not cleared after the waiting period?

I recommend reviewing the conviction date, sentence, incarceration history, later charges, and eligibility restrictions. There may be a delay, a disqualifying issue, or an alternative expungement process available.

If you want to know whether your Michigan conviction may qualify for automatic or application-based expungement, call Samouris Law Firm at (517) 347-7047 to check your eligibility.