Effective April 2021, eligibility for set-aside and sealing expands to an unlimited number of misdemeanors and up to three felonies, provided that no more than two convictions for assaultive crimes may be set-aside in a person’s lifetime, and not more than one conviction for the same offense if the offense is punishable by more than 10 years in prison.  In counting convictions most crimes in the same 24-hour period arising from the same transaction are counted as a single offense.  Waiting periods ranging from 3 to 7 years apply.  A petitioner must give notice to all interested parties, and the court holds a hearing to consider the person’s “circumstances and behavior” since the conviction and to determine whether “setting aside the conviction is consistent with the public welfare.”  A conviction that has been set aside is sealed by court rule.  Charges dismissed pursuant to first offender drug deferred adjudication scheme count as misdemeanors for purposes of applying for set-aside.  Felonies subject to a life sentence are ineligible, as are traffic and sex offenses.  Victims of human trafficking may have prostitution and related convictions set-aside and sealed.  (Prior to April 2021, only one felony conviction was eligible for set-aside upon petition to the convicting court after a five-year waiting period, as long as the person had no more than two misdemeanor convictions.  People with no more than two misdemeanor convictions and no felony conviction may petition for set-aside of one or both misdemeanors, also after a five-year waiting period.)

Set-aside and sealing will become automatic in 2023 for an unlimited number of minor misdemeanors seven years after imposition of sentence; and, up to four more serious misdemeanors and up to two less serious felonies would be automatically expunged 7 or 10 years after imposition of sentence or release from imprisonment, respectively, provided that the conditions in the petition-based standards are met.

Records of uncharged arrests must be sealed by the state police repository upon the person’s release; the repository must also seal other non-conviction records upon receipt of a court order with final disposition, and courts have a policy of making their own corresponding records nonpublic in such situations.  Juveniles may petition the court to set aside up to four adjudications (one of which may be a felony) one year after the last adjudication or release from detention, or upon reaching age 18, whichever is later.  Procedures are almost identical to those that apply to adult set-asides.  Set-aside and sealing will become automatic in 2023.

Administrative Certificate: The Michigan Department of Corrections automatically issues a Certificate of Employability to prisoners who completed education or vocational programs and had no significant record of misconduct. Certificates protect employers from negligent hiring claims, and must also be considered by licensing boards to establish an applicant’s “good moral character.”