Your conviction doesn’t have to be the first thing every employer, landlord, or licensing board sees. Record-clearing petitions are a core practice at Deanna L. Kelley PLLC, and our Michigan criminal defense lawyer has helped a single court order reopen careers that seemed closed for good.
What Does Setting Aside a Conviction Actually Do?
An expungement, which Michigan law calls setting aside a conviction, removes the case from your public record. A set-aside conviction is generally removed from the public criminal record, although Michigan retains a nonpublic record for purposes authorized by law.
How Many Convictions Can You Clear, And When?
Michigan’s Clean Slate laws greatly expanded expungement eligibility, but strict waiting periods and statutory limits still determine who qualifies and when you can file a petition. The current rules generally break down as follows, although eligibility depends on both the applicable waiting period and the offense and record restrictions:
- Up to 3 felonies and an unlimited number of misdemeanors over a lifetime
- No more than 2 assaultive crimes ever set aside
- Waiting periods of 3 years for most misdemeanors, 5 years for serious misdemeanors or one felony, and 7 years for multiple felonies
- A clock that starts at sentencing, release from custody, or the end of probation or parole, whichever comes last
Michigan’s “one bad night” rule under MCL 780.621b allows multiple convictions to be treated as a single conviction when they arise from the same transaction within 24 hours, provided none involve assault, a dangerous weapon, or an offense punishable by more than 10 years in prison. That rule can make expungement available for petitions that would otherwise exceed the statutory conviction limits.
Does Michigan Erase Any Records Automatically?
Yes, some records can now be cleared without a petition. Up to 2 eligible felonies are cleared after 10 years from sentencing or release, and up to 4 misdemeanors are cleared after 7 years. Many offenses are excluded from automatic set-aside, and some convictions are not eligible to be set aside at all. Check eligibility against the current statutory exclusions.
What Strengthens Your Petition?
Judges weigh your personal circumstances against the public welfare, and visible preparation genuinely moves that scale in your favor. Petitioners can strengthen their own filings in several concrete ways long before the hearing date arrives:
- Paying restitution in full before filing
- Documenting steady work, schooling, or community involvement
- Remaining conviction-free through the waiting period
- Preparing honest hearing testimony about rehabilitation
One objection from the prosecutor or the attorney general can turn a routine hearing into a contested one. Our expungement lawyer in Michigan anticipates those objections inside the petition itself, before they ever reach the judge.
Put Your Conviction Behind You For Good
A criminal record that once seemed manageable can become a barrier to better employment, housing, and other opportunities. Deanna L. Kelley PLLC offers free eligibility reviews, determines when you can file, and prepares expungement petitions designed to address potential objections. Call (248) 714-8520 or reach out online today and find out how close a clean record really is.
