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Michigan Clean Slate Law: Automatic Set-Aside (2026)

Michigan Clean Slate package (2020 PA 187-193, amending the Setting Aside Convictions Act, 1965 PA 213); automatic set aside in MCL 780.621g

Last updated: (official sources checked)Operating

Quick Answer

Michigan has set aside eligible convictions automatically since April 11, 2023 — no application, court order or fee. Misdemeanors are set aside 7 years after sentencing (up to 4 misdemeanors punishable by 93 days or more in a lifetime) and up to 2 felonies 10 years after sentencing or release from prison, if you have no new conviction and no pending charge. Most juvenile adjudications have been set aside automatically since December 30, 2023.

Assaultive crimes, serious misdemeanors, crimes of dishonesty, offenses punishable by 10 or more years and all OWI/DUI convictions are excluded from automatic set-aside — some of these can still be set aside by application. Check a public ICHAT search or request a fingerprint-based record check from the State Police to confirm.

Is it operating yet?

Operating. The Michigan State Police launched automatic set aside on April 11, 2023. MSP runs a daily automated process against its Criminal History Record (CHR) database and sends courts a daily file of convictions it has set aside. Misdemeanors of 92 days or less that exist only in a court's case management system (no fingerprints sent to MSP) must be set aside by the court. Automatic set aside of juvenile adjudications (MCL 712A.18t) began December 30, 2023.

Sources: Michigan State Police - Michigan Clean Slate (Automated Process to Notify Courts; FAQ 5); Michigan AG press release, April 11, 2023 (automatic expungement program launch) (Press release body); Michigan Department of Attorney General - Expungement Assistance (Automatic Expungements: Michigan Clean Slate); Michigan State Police - Conviction Set Aside Public Information (Clean Slate); SCAO memorandum, Juvenile Automatic Set Asides (May 16, 2023, rev. Nov. 7, 2023) (Automatic Set Asides)

The law

The Clean Slate package, including 2020 PA 193, was signed October 13, 2020, with an effective date of April 11, 2021. The automatic set-aside provisions began 2 years later, on April 11, 2023. Separate laws (2021 PA 78 and 79, effective February 19, 2022) added first-offense OWI set aside by application but expressly kept OWI out of automatic set aside.

Sources: Michigan State Police - Michigan Clean Slate (What is Clean Slate?); MCL 780.621c (Michigan Legislature) (History; § 1c(3)); MCL 780.621 (Michigan Legislature) (History); MCL 780.621g (Michigan Legislature) (History; § 1g(1)); 2021 Public Act 78 (Enrolled HB 4219) (Header); 2021 Public Act 79 (Enrolled HB 4220) (Header)

What automatic set-aside does

An eligible conviction is "set aside" by operation of law, with no application, court order, or fee. The person is treated for legal purposes as not previously convicted, with exceptions. The Michigan State Police keep a nonpublic record that only certain government agencies can access, for limited purposes. Fines and costs already paid are not refunded, and restitution is still owed. An automatic set aside can be reinstated if it was made in error, or if restitution was ordered and the person has not made a good-faith effort to pay it.

Sources: MCL 780.621g (Michigan Legislature) (§ 1g(1); § 1g(2)(a); § 1g(4); History); MCL 780.621c (Michigan Legislature) (§ 1c(2)); MCL 780.621h (Michigan Legislature) (§ 1h(2)); MCL 780.622 (Michigan Legislature) (§ 2(1)); MCL 780.623 (Michigan Legislature) (§ 3(2))

Records covered and waiting periods

Misdemeanors punishable by not more than 92 days

Waiting period
7 years after the sentence was imposed
Conditions
No limit on the number. Set aside by MSP if the conviction is in the MSP database, otherwise by the court. Excluded offense types under MCL 780.621c still apply (e.g., OWI, traffic offenses causing injury or death).

Sources: MCL 780.621g (Michigan Legislature) (§ 1g(1); § 1g(5)); Michigan State Police - Michigan Clean Slate (FAQ 4; FAQ 5); MCL 780.621c (Michigan Legislature) (§ 1c(2))

Misdemeanors punishable by 93 days or more

Waiting period
7 years after the sentence was imposed
Conditions
Up to 4 in a lifetime. No pending charges and no new convictions in the MSP database during the 7 years. Not an assaultive crime, serious misdemeanor, or other excluded offense. The person must not have more than 1 assaultive-crime conviction.

Sources: MCL 780.621g (Michigan Legislature) (§ 1g(4); § 1g(5); § 1g(6); § 1g(7); +1 more); Michigan State Police - Michigan Clean Slate (Criteria for Automatic Set Aside)

Felonies

Waiting period
10 years after sentencing or after completion of Department of Corrections imprisonment, whichever is later
Conditions
Up to 2 in a lifetime. Must be otherwise eligible for set aside by application. No pending charges and no new convictions during the 10 years. Not an assaultive crime, crime of dishonesty, offense punishable by 10 or more years, or other excluded offense. The person must not have more than 1 assaultive-crime conviction.

Sources: MCL 780.621g (Michigan Legislature) (§ 1g(2)(a); § 1g(5); § 1g(6); § 1g(7); +2 more); Michigan State Police - Michigan Clean Slate (FAQ 2)

Not cleared automatically

  • Assaultive crimes, serious misdemeanors, and crimes of dishonesty (as defined in MCL 780.621g(15)), and attempts (applies to 93-day-or-more misdemeanors and felonies)

    Source: MCL 780.621g (Michigan Legislature) (§ 1g(10)(a)-(c))

  • Any other offense punishable by 10 or more years' imprisonment

    Source: MCL 780.621g (Michigan Legislature) (§ 1g(10)(d)-(f))

  • Sentencing-guidelines offenses whose elements involve a minor, vulnerable adult, injury or serious impairment, or death, and any violation related to human trafficking

    Source: MCL 780.621g (Michigan Legislature) (§ 1g(10)(e)-(f))

  • Anyone with more than 1 assaultive-crime conviction in the MSP database (for 93-day-or-more misdemeanors and felonies)

    Source: MCL 780.621g (Michigan Legislature) (§ 1g(7))

  • Every conviction that cannot be set aside by application, such as life-maximum felonies, listed CSC and child abuse offenses, and felony DV with a prior DV misdemeanor

    Source: MCL 780.621c (Michigan Legislature) (§ 1c(2); § 1c(1)(a); § 1c(1)(b); § 1c(1)(e))

  • All OWI convictions, including a first-offense OWI (which can only be set aside by application), traffic offenses causing injury or death, and CDL-related traffic offenses

    Sources: MCL 780.621c (Michigan Legislature) (§ 1c(3); § 1c(1)(d)(ii)-(iii)); Michigan State Police - Michigan Clean Slate (Criteria for Automatic Set Aside (exclusions))

How to check whether your record was cleared

Who can still see a cleared record

  • The nonpublic MSP record is available, on request and only for listed purposes, to courts, judicial-branch agencies, the Department of Corrections, law enforcement agencies, prosecutors, the Attorney General, and the Governor

    Source: MCL 780.623 (Michigan Legislature) (§ 3(2))

  • It can be considered for judicial-branch licensing, and when the person applies for a job with the Department of Corrections or a law enforcement agency

    Source: MCL 780.623 (Michigan Legislature) (§ 3(2)(a); § 3(2)(a), (e))

  • A set-aside conviction may still count as a prior conviction for charging a later crime as a second or subsequent offense, and for habitual-offender sentencing under MCL 769.10-769.12

    Source: MCL 780.622 (Michigan Legislature) (§ 2(9))

  • A set-aside listed sex offense still counts as a conviction for sex offender registration purposes

    Source: MCL 780.622 (Michigan Legislature) (§ 2(3))

  • Reporting a set-aside conviction that was still a public record on the date of the report does not create liability

    Source: MCL 780.623 (Michigan Legislature) (§ 3(6))

If automatic relief does not cover your record

If a conviction is not eligible for automatic set aside, or the person does not want to wait, they may apply to the convicting court on form MC 227 (MC 227a for misdemeanor marijuana, MC 227b for human-trafficking victims). The waiting periods are shorter (3, 5, or 7 years) and the limits higher (up to 3 felonies, unlimited misdemeanors). The application goes to the Michigan State Police with fingerprints and the $50 fee, and copies go to the Attorney General and the prosecutor. The court decides at its discretion. If the court denies it, the person generally must wait 3 years to refile unless the order sets an earlier date.

Sources: Michigan Department of Attorney General - Expungement Assistance (Automatic Expungements: Michigan Clean Slate); SCAO Form MC 227, Application to Set Aside Conviction(s) (Rev. 3/25), with instructions (Instructions, item 2; Use note); MCL 780.621d (Michigan Legislature) (§ 1d(1); § 1d(2); § 1d(3); § 1d(9); +2 more)

Michiganexpungement and sealing guide — every route by record type →

Official links

Frequently Asked Questions

Do I need to apply or pay anything for an automatic set aside?
No. The Michigan State Police run a daily automated process, and eligible convictions are set aside by operation of law with no application or court filing. If the conviction is not eligible, a person may still be able to apply to the court.

Sources: Michigan Department of Attorney General - Expungement Assistance (Automatic Expungements: Michigan Clean Slate); MCL 780.621g (Michigan Legislature) (§ 1g(4))

Will my first-offense OWI/DUI be cleared automatically after 10 years?
No. Michigan law says a first-offense OWI that can be set aside by application is not eligible for automatic set aside, and MSP lists all OWI convictions as excluded. The only route is a one-time application at least 5 years after sentencing or the end of probation, parole, or jail, whichever is latest.

Sources: MCL 780.621c (Michigan Legislature) (§ 1c(3)); Michigan State Police - Michigan Clean Slate (Criteria for Automatic Set Aside (exclusions)); MCL 780.621d (Michigan Legislature) (§ 1d(2))

Enough time has passed, so why was my conviction not set aside automatically?
Common reasons include a pending criminal charge, a new conviction during the waiting period, the offense being in an excluded category (such as an assaultive crime, serious misdemeanor, crime of dishonesty, or offense punishable by 10 or more years), having more than one assaultive-crime conviction, or having reached the lifetime limits (2 felonies; 4 misdemeanors punishable by 93 days or more).

Sources: MCL 780.621g (Michigan Legislature) (§ 1g(6); § 1g(10)(a)-(c); § 1g(10)(d)-(f); § 1g(7); +1 more); Michigan State Police - Find out if you're eligible for automatic set aside (Do you have an active or pending criminal case?)

Can an automatically set-aside conviction be put back on my record?
Yes. The court must reinstate an automatically set-aside conviction if it was set aside in error. It must also reinstate one where restitution was ordered and the court finds the person has not made a good-faith effort to pay.

Source: MCL 780.621h (Michigan Legislature) (§ 1h(2); § 1h(3))

How can I check whether my conviction was set aside?
You can search ICHAT ($10 per name search) for public records, but ICHAT does not show juvenile records or local misdemeanors, so check with the convicting court for those. A fingerprint-based personal record check from MSP ($30) shows public and nonpublic information.

Sources: Michigan State Police - Find out what remains on your record (Options); Michigan State Police - Criminal History Records (Name-Based Background Check using ICHAT)

Are juvenile records cleared automatically too?
Most juvenile adjudications have been set aside automatically since December 30, 2023, two years after court supervision ends or at age 18, whichever is later. Certain serious offenses are excluded. Courts do not need to enter an order for these.

Sources: SCAO memorandum, Juvenile Automatic Set Asides (May 16, 2023, rev. Nov. 7, 2023) (Automatic Set Asides); MCL 712A.18t (Michigan Legislature) (§ 18t(2))

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This is informational only, not legal advice. Whether a particular record qualifies depends on the exact offense, sentence, dates and later cases. Confirm with the court, the state records agency or a legal aid office before relying on a record being cleared.

Sources