How Michigan's Clean Slate law can clear your record in 2026.
Under Michigan's Clean Slate laws, most people with a criminal record can now clear it. You can apply to set aside up to 3 felonies and an unlimited number of misdemeanors under MCL 780.621, after a waiting period of 3 to 7 years depending on the conviction. Many eligible convictions also come off automatically, with no application at all. Here's how the whole system works in 2026, and where people get tripped up.
What does expungement actually do in Michigan?
Michigan law calls it "setting aside" a conviction. Once a conviction is set aside, it comes off your public criminal record. Employers, landlords, and licensing boards running background checks won't see it, and in most situations you can legally say you weren't convicted. The State Police keep a nonpublic record that courts and law enforcement can still access, but for jobs, housing, and everyday life, a set aside conviction is gone.
That's why expungement is usually the highest value legal work a person with an old record can do. It's also why it pays to understand the rules before you file, because a sloppy application can cost you years.
How many convictions can you expunge?
The 2021 Clean Slate amendments to MCL 780.621 expanded eligibility dramatically. By application, you can now set aside:
- Up to 3 felonies over your lifetime.
- An unlimited number of misdemeanors.
There are caveats. No more than 2 of the felonies you set aside in your lifetime can be assaultive crimes. And you can't set aside more than 1 felony conviction for the same offense if that offense carries a maximum penalty of more than 10 years. Whether something counts as a felony or a misdemeanor isn't always obvious either, especially with Michigan's two year high court misdemeanors, which we've broken down in our guide to misdemeanors vs. felonies in Michigan.
How long do you have to wait?
The waiting period depends on what you're asking the court to set aside, and the clock starts at the latest of these events: sentencing, completion of probation, discharge from parole, or completion of any imprisonment.
| What you're setting aside | Waiting period |
|---|---|
| Most misdemeanors | 3 years |
| Serious misdemeanors or one felony | 5 years |
| More than one felony | 7 years |
You also need to stay clean during the wait. New convictions restart your eligibility problems, and you can't have criminal charges pending when you apply.
What is the "one bad night" rule?
Clean Slate added a provision, MCL 780.621b, that treats multiple offenses arising from the same transaction within 24 hours as a single conviction for expungement purposes. So if one bad night produced three convictions, those can count as one against your felony limit.
The rule has exceptions. It doesn't apply if any of the offenses was an assaultive crime, involved possession or use of a dangerous weapon, or carries a maximum penalty of 10 or more years. But for a lot of people whose record looks worse on paper than the underlying story actually was, this provision is the difference between eligible and not.
What about automatic expungement?
Since April 2023, Michigan has been setting aside certain convictions automatically, with no application, no fee, and no hearing. Under the automatic system, up to 2 eligible felonies come off 10 years after sentencing or release from imprisonment, whichever is later, and up to 4 eligible misdemeanors come off 7 years after sentencing. You can't have pending charges or new convictions during that window.
Plenty of convictions are excluded from the automatic process, including assaultive crimes, serious misdemeanors, crimes of dishonesty, offenses punishable by 10 or more years, and crimes involving minors, vulnerable adults, injury, or death. Two practical warnings from our own caseload: first, don't assume the computer got it right. Check your record through the Michigan State Police before you rely on it. Second, don't wait a decade for something you could set aside by application in 3 to 5 years. Automatic expungement is a safety net, not a strategy.
What can't be expunged in Michigan?
Some convictions are off the table entirely, no matter how much time passes:
- Any felony punishable by life in prison, even if your actual sentence was shorter.
- First, second, and third degree criminal sexual conduct, and attempts to commit them. Fourth degree CSC can't be set aside if the conviction is on or after January 12, 2015.
- Traffic offenses that caused injury or death.
- Traffic offenses committed by someone with a commercial vehicle endorsement while operating a commercial vehicle.
Most ordinary traffic convictions became eligible under Clean Slate, which was a major change. And many common records, from retail fraud convictions to old drug charges, fall squarely inside what can be cleared.
Can you expunge a first OWI?
Yes, and this is one of the most common questions we get. Since February 19, 2022, Michigan allows a first offense operating while intoxicated conviction to be set aside by application. The waiting period is 5 years, it's available once per lifetime, and it doesn't apply if the OWI caused injury or death. OWI convictions are never expunged automatically, so this one always takes an application and a judge's approval, and the judge has real discretion. Showing what you've done since the conviction matters.
What happens if your application is denied?
This is the trap that makes "just file it and see" a bad plan. If the court denies your application, you generally have to wait 3 years from the denial before you can apply again, unless the judge orders a shorter period. The conviction was eligible, the paperwork was filed, and one weak presentation at the hearing still cost three more years of background checks.
An expungement hearing is a real proceeding. The prosecutor and the Attorney General can weigh in, victims can be heard, and the judge has to be convinced that setting aside the conviction is consistent with the public welfare. Preparation wins these. As a criminal defense firm that practices in these courts every week, we know what judges in Wayne County want to see, and we build the application around it.
One more option worth knowing about: if you were between 18 and 25 when the offense happened, you may have been eligible for a different path entirely under Michigan's Holmes Youthful Trainee Act, which can keep a conviction off your record from the start. It's a reminder that the best expungement is the conviction that never lands on your record at all.
Quick answers
How many convictions can be expunged in Michigan?
By application, you can set aside up to 3 felonies and an unlimited number of misdemeanors under MCL 780.621, with limits: no more than 2 assaultive crime felonies in your lifetime, and no more than 1 felony for the same offense if it carries a maximum of more than 10 years. Automatic expungement is capped at 2 felonies and 4 misdemeanors.
How long do I have to wait to apply for expungement in Michigan?
It depends on what you're setting aside. The waiting period is 3 years for most misdemeanors, 5 years for serious misdemeanors or one felony, and 7 years for multiple felonies. The clock runs from the latest of sentencing, completion of probation, discharge from parole, or completion of imprisonment, and you can't have new convictions during the wait.
Can a first OWI be expunged in Michigan?
Yes. Since February 19, 2022, a first offense OWI can be set aside by application after a 5 year waiting period, as long as the offense didn't cause injury or death. It's once per lifetime, it never happens automatically, and the judge has discretion to grant or deny it, so the application needs to be done right. Call us at (313) 274-6200 to find out if you qualify.
Related reading
- HYTA: How Michigan's Holmes Youthful Trainee Act Works
- Misdemeanor vs. Felony in Michigan: The Real Difference
- Criminal Defense at D.C. Law