Expungement & Clean Slate Records
Expungement is the legal process of setting aside a criminal conviction so that it no longer appears on your public record, providing a crucial clean slate for employment and housing. Michigan's landmark "Clean Slate" law has revolutionized this area of law by creating two distinct tracks for clearing a record: an automatic set-aside process that requires no application for certain qualifying offenses, and a traditional application or petition-based process filed directly with the court for records that do not qualify for automatic relief.
The eligibility landscape is complex. Automatic set-asides can cover an unlimited number of misdemeanors punishable by less than 93 days of jail after a 7-year wait, up to 4 misdemeanors of 93 days or more after a 7-year wait, and up to 2 felonies after a 10-year wait from sentencing or release from prison. However, certain serious offenses are never eligible for expungement, including murder, offenses carrying a life sentence, criminal sexual conduct in the 1st through 3rd degree (and 4th degree if committed on or after January 12, 2015), and traffic offenses causing injury or death. Notably, a first-time OWI conviction is only expungeable through a separate one-time application following a 5-year waiting period; this remains at the judge's discretion and specifically does not clear the Secretary of State driving record.
If you're wondering whether a conviction can come off your record, you're not alone. As a Detroit expungement lawyer, I review records and file petitions for clients across Metro Detroit. Here are the questions I hear most about Michigan's Clean Slate law and expungement.
What is Michigan's "Clean Slate" law?
Clean Slate is the name for Michigan's automatic expungement system. Rather than requiring everyone to file a petition, the Michigan State Police run a daily automated check against court and criminal history records, and qualifying convictions are set aside by operation of law, with no application needed. Eligible misdemeanors are automatically set aside after 7 years, and eligible felonies after 10 years, measured from sentencing or release from incarceration, whichever is later.
Does Clean Slate cover everything on my record automatically?
No. Automatic set-aside only applies to qualifying offenses, and only up to certain limits per person (for example, no more than two felonies, and a cap on the more serious misdemeanors). Many convictions are excluded entirely (see below), and some people become eligible sooner through a manual application than they would through the automatic timeline. The automatic system also depends on accurate underlying records, and it doesn't fix errors or omissions in your history on its own.
What convictions are not eligible for expungement at all?
Certain offenses can never be set aside, automatically or by application, including murder, offenses that carry a maximum sentence of life in prison, criminal sexual conduct in the 1st through 3rd degree (and 4th degree if committed on or after January 12, 2015), human trafficking, and traffic offenses causing injury or death. A first-time OWI conviction is handled separately, as described in the next answer.
I've heard a DUI/OWI can sometimes be expunged. Is that true?
In limited circumstances, yes. Michigan law allows a single first-offense OWI conviction to be expunged through a one-time application, but only if it's your only OWI conviction from any state, you didn't cause injury or death, and a 5-year waiting period has passed. It's up to the judge's discretion, and it does not clear your Secretary of State driving record. An expunged OWI also still counts as a prior offense for charging and sentencing on any future OWI. Because the eligibility criteria are narrow and easy to get wrong, this is one of the areas where individualized legal advice matters most.
If I don't qualify for automatic Clean Slate expungement, can I still apply?
Often, yes. Michigan also has an application-based set-aside process for convictions that aren't automatically eligible, or for people who don't want to wait out the full automatic timeline. Waiting periods for an application depend on the type of conviction: generally three years for most misdemeanors, five years for a serious misdemeanor or a single felony, and seven years if you have more than one felony conviction, counted from the latest of your sentencing date, probation completion, parole discharge, or release from incarceration. There are also limits on how many convictions you can apply to set aside, and additional restrictions on assaultive offenses and felonies with longer maximum sentences.
Why would someone need a lawyer for this instead of doing it themselves?
A few reasons come up repeatedly. Eligibility isn't always obvious: whether a conviction qualifies, and whether it qualifies automatically or only through application, depends on the specific offense, how many other convictions you have, and how they interact under Michigan's counting rules. The automatic system isn't foolproof either. If a record was never properly reported, or there's a data mismatch, a conviction that should have been automatically expunged may still be showing up. Waiting-period calculations are easy to get wrong, and a petition filed too early can be denied. Petitions can be contested by a prosecutor or, in some cases, a victim, which leads to a court hearing. Paperwork and notice requirements matter, and mistakes can delay or derail an otherwise valid petition. And expungement doesn't erase everything: a set-aside conviction can still be considered by federal immigration authorities, in certain licensing decisions, and in future criminal cases even though it no longer appears on a standard Michigan background check.
How do I find out what's actually on my record and whether it's already been cleared?
You can check your public record through Michigan's Internet Criminal History Tool (ICHAT). If you're not sure whether something should have been automatically expunged, or whether you're eligible to apply for something that wasn't, an attorney can review your record and walk through your options with you. I help clients throughout Metro Detroit and the Tri-County area review their records and pursue expungement where it's available. You can reach me for a free consultation at 248-346-4880, or text that same number if you can't talk right away.
I help clients with expungement in Wayne County
• Allen Park
• Belleville
• Dearborn
• Dearborn Heights
• Detroit
• Ecorse
• Flat Rock
• Garden City
• Gibraltar
• Grosse Pointe
• Grosse Pointe Farms
• Grosse Pointe Park
• Grosse Pointe Shores
• Grosse Pointe Woods
• Hamtramck
• Harper Woods
• Highland Park
• Inkster
• Lincoln Park
• Livonia
• Melvindale
• Northville
• Plymouth
• River Rouge
• Riverview
• Rockwood
• Romulus
• Southgate
• Taylor
• Trenton
• Wayne
• Westland
• Woodhaven
Oakland County
• Auburn Hills
• Berkley
• Birmingham
• Bloomfield Hills
• Clarkston
• Clawson
• Farmington
• Farmington Hills
• Fenton
• Ferndale
• Hazel Park
• Huntington Woods
• Keego Harbor
• Lake Angelus
• Lathrup Village
• Madison Heights
• Northville
• Novi
• Oak Park
• Orchard Lake Village
• Pleasant Ridge
• Pontiac
• Rochester
• Rochester Hills
• Royal Oak
• South Lyon
• Southfield
• Sylvan Lake
• Troy
• Walled Lake
• Wixom
Macomb County
• Center Line
• Fraser
• Grosse Pointe Shores
• Memphis
• Mount Clemens
• Richmond
• Roseville
• St. Clair Shores
• Sterling Heights
• Warren and offer a free consultation. Call or text 248-346-4880.
This page is general information, not legal advice. Every case depends on its own facts.
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Many people assume that expunging a first-time OWI wipes the slate clean for future drunk driving charges. It does not. Even when a first OWI is set aside from the public record, it still legally counts as a prior offense for charging and sentencing on any future OWI. In other words, an expunged OWI does not turn a third offense into a second, or a second into a first. Michigan courts and prosecutors can still see and use the expunged conviction to determine repeat-offender status, even though it no longer appears on the public record.
Navigating these rules requires a professional review of your full record and a careful strategy. I confirm what has and has not already been cleared automatically, identify convictions the automatic process may have missed, and file the petition to get those records expunged. Watch the video below to learn more about expunging a DUI conviction in Michigan.