Understanding Expungement in Michigan: What You Need to Know About CSC Cases and Automatic Set-Asides

Peter Samouris

Clearing Your Record: Expungement and Set-Asides in Michigan

 

Having a criminal conviction on your record can affect nearly every part of your life—employment, housing, professional licensing, educational opportunities, and even personal relationships. Michigan’s expungement laws, also known as “set-aside” laws, give many people the chance at a fresh start. Recent reforms have expanded eligibility, streamlined the process, and even introduced automatic expungement for certain offenses.

However, if you have a conviction involving Criminal Sexual Conduct (CSC), the law is much more complicated. Here’s what you need to know about how Michigan handles expungements, CSC cases, and the new automatic set-aside system.

What Is Expungement or “Setting Aside” a Conviction?

 

In Michigan, expungement—or “setting aside” a conviction—means that the public record of your conviction is sealed. Law enforcement and courts still maintain access, but employers, landlords, and the general public cannot see it during background checks. For many people, this opens the door to better opportunities and a clean slate.

Automatic Expungement in Michigan

 

Beginning in April 2023, Michigan implemented an automatic expungement process(often called “Clean Slate”). Under this system, certain misdemeanors and low-level felonies can be cleared from a person’s public record without requiring an application.

Automatic expungement covers:

 

  • Up to two eligible felonies (after 10 years)
  • Up to four eligible misdemeanors (after 7 years)

 

However, not all offenses qualify. The law includes clear exclusions—and this is where CSC offenses come in.

What About CSC Convictions?

 

Criminal Sexual Conduct (CSC) convictions are among the most serious charges under Michigan law, and they are specifically excluded from both application-based expungement and automatic expungement in most circumstances.

Generally, the following cannot be expunged:

 

  • CSC convictions involving force or coercion
  • CSC involving minors
  • Any offense that requires sex offender registration (SORA)
  • CSC First or Third Degree, and many Second and Fourth Degree cases

 

There are limited exceptions—for example, certain non-aggravated, non-registrable offenses may be eligible—but these situations are rare and require careful legal analysis.

Why CSC Cases Are Treated Differently

 

The Michigan Legislature created strict restrictions on expungement for sexual offenses due to public safety concerns and the sensitive nature of these crimes. Even when a person has fully rehabilitated, completed all sentencing requirements, and maintained a clean record for years, CSC convictions remain heavily regulated in the expungement process.

When a CSC-Related Charge May Still Be Eligible

 

While a CSC conviction is usually not eligible for expungement, related scenarios may still qualify, such as:

 

  • A CSC charge that was reduced to a non-sex offense
  • A plea agreement resulting in a lesser, non-registrable conviction
  • Old cases where the statute has changed and new eligibility rules may apply

 

In these cases, applying for a set-aside may still be an option. An attorney can help review court records and determine whether the underlying statutes allow for expungement.

Why Legal Guidance Matters

 

Expungement law in Michigan is complex—especially when dealing with CSC charges. Even when a conviction seems ineligible, the specific statute, plea history, and court file can dramatically influence your options. And for individuals who are eligible under the Clean Slate automatic expungement system, it may still be beneficial to seek legal guidance to confirm eligibility or explore speeding up the process through application-based set-asides.

Need Help Reviewing Your Eligibility?

 

If you’re wondering whether your conviction—CSC-related or otherwise—can be expunged, the Samouris Law Firm can help. We’ll review your record, explain your options clearly, and guide you through every step of the process.

Your past doesn’t have to define your future. Reach out today to schedule a consultation and take the first step toward starting fresh.