A criminal conviction may be expunged in certain circumstances in the state of Michigan. Convictions that have been expunged may not accessed for general public or law enforcement use. However, expunged records can still be considered if the person is applying for a law enforcement position. They may also be used as evidence of a prior conviction in subsequent offenses. An expungement does not relieve a defendant if they have duty to register as a previous sex offender.
In Michigan, juvenile records wherein the sentence has been diverted (as in participation in a social rehabilitation program) must be destroyed within 28 days after the defendant reaches the age of 17. Adult convictions may be expunged under the following circumstances:
The conviction is for a first-time offense
The person has been found guilty, or guilty but mentally ill, or has pleaded no contest
The conviction is not for a sexual offense
The conviction is not for a felony, or an attempted felony punishable by a life prison sentence, or a traffic offense
The defendant does not have any other prior convictions or other convictions that have been set aside
In order to file for expungement in Michigan, the application must be filed at least 5 years after the sentencing for the conviction, or 5 years after completion of any imprisonment term, whichever comes later. The defendant must provide all relevant information required in the application, as well as a $50 fee and additional fingerprints. The expungement will be entered only after the court has determined that setting aside the conviction is consistent with the public welfare, and that the defendant’s behavior from the time of conviction to the time of application is favorable.