An expungement is the setting a side of a conviction. The legal implication of an expungement is to make a conviction nonpublic.
The following convictions cannot be expunged:
- Criminal Sexual Conduct
- Felonies for which maximum penalty is for life
- Convictions related to child sexually abusive material MCL 750.145(c)
- Computer crimes under MCL 750.145(d)
- Traffic Violations
In general, after 5 years of a conviction or 5 years after the completion of probation or 5 years after a term of imprisonment (whichever is later) a person may be eligible.
See MCL § 780.621
A person who is convicted of not more than 2 misdemeanor offenses and no other felony or misdemeanor offenses may petition the convicting court or the convicting courts to set aside 1 or both of the misdemeanor convictions.A person who is convicted of not more than 1 felony offense and not more than 2 misdemeanor offenses may petition the convicting court to set aside the felony offense.
A person who is convicted of a violation or an attempted violation of Criminal Sexual Conduct in the Fourth Degree before January 12, 2015 may petition the convicting court to set aside the conviction if the individual has not been convicted of another offense other than not more than 2 minor offenses. As used in this subdivision, “minor offense” means a misdemeanor or ordinance violation to which all of the following apply:
- (i) The maximum permissible term of imprisonment does not exceed 90 days.
- (ii) The maximum permissible fine is not more than $1,000.00.
- (iii) The person who committed the offense is not more than 21 years old.