Application for a Set Aside or Expungement

Number of Offenses that May be Set Aside by Application

A person convicted of a crime, whether a misdemeanor or a felony, may apply to the convicting court to set aside the conviction. The number of convictions that may be set aside depends on the type of offense.

  • The law does not set a limit on the number of misdemeanors that can be set aside by application unless the offense was an “assaultive offense” (listed at the end of this article).
  • Three felonies may be set aside by application unless one or more was an assaultive crime.
  • Only two assaultive offenses total, whether misdemeanors or felonies, may be expunged in a person’s lifetime.

An offense committed in another state counts as an assaultive offense under this section if the offense is substantially similar to Michigan’s definition of an assaultive offense.

  • If a person has more than three felony convictions, he or she may not apply to have any conviction set aside.
  • An offender cannot expunge more than one felony conviction for the same offense if the possible term of imprisonment for the offense is 10 years or more.
  • Convictions for multiple offenses, whether they are the same or different offenses, committed in the same 24-hour period during the same “transaction” are counted as one conviction, unless the offenses involve an assaultive crime, a dangerous weapon, or a crime for which the penalty is imprisonment for ten years or more. For those crimes, each offense counts as one “conviction” for the purpose of eligibility for a set aside even if they occurred during the same criminal transaction.
  • “High-court misdemeanors,” which are misdemeanors that allow for a sentence of up to two years in prison, are counted as felonies. “Serious misdemeanors” (listed at the end of this article) are not counted as felonies and are not subject to the felony three-offense limitation.

Waiting Periods for Set Asides

Applications for expungement are subject to a waiting period. The application can be filed as follows:

  • For a conviction of a misdemeanor or misdemeanors, other than serious misdemeanors, 3 years after the later of:
    • Imposition of the sentence
    • Completion of probation
    • Completion of any term of imprisonment
  • For a conviction of one or more serious misdemeanors or one felony, 5 years after the later of:
    • Imposition of the sentence
    • Completion of probation
    • Completion of parole
    • Completion of any term of imprisonment
  • For conviction of more than one felony conviction, 7 years after the later of:
    • Imposition of the sentence
    • Completion of probation
    • Completion of parole
    • Completion of any term of imprisonment

Expungement of Unlawful Sexual Conduct

Convictions for unlawful sexual conduct generally cannot be expunged; however, a person convicted of unlawful sexual conduct in the fourth degree prior to January 12, 2015, may apply to have his or her record expunged by application if he or she has not committed any other criminal offense between the time of the conviction and the time of the application. A person convicted after January 12, 2015, may not have the conviction set aside.

Setting Aside a Conviction for a Misdemeanor Marijuana Offense

A person may apply for an expungement of a marijuana misdemeanor or local ordinance marijuana conviction if the offense would not have been unlawful after December 6, 2018, when Michigan voters made recreational marijuana legal.

Setting Aside an OWI Offense

A first-time offense for driving while impaired/intoxicated may be expunged by application, but only once in a person’s lifetime. If a person has more than one conviction, he or she cannot set aside any of the convictions. If the person caused injury or death due to a first-time OWI, the OWI conviction cannot be set aside. The waiting period to have a first-time operating while intoxicated offense expunged is five years.

Set Aside Limitations

Some convictions cannot be set aside by application. These include:

  • Felony domestic violence if the offender has a previous misdemeanor domestic violence conviction
  • A felony or attempt to commit a felony for which the maximum punishment is life imprisonment
  • Operating a vehicle while intoxicated unless:
    • The person is applying to have set aside a first and only OWI conviction and
    • The court finds that the person has benefitted from rehabilitation and education programs such that the application should be granted
  • A traffic offense committed by a commercial vehicle operator
  • A traffic offense that causes injury or death

When considering an application, the court takes into account the offender’s circumstances and behavior and can deny the application based on those considerations. Additionally, at the time of the application, the applicant cannot have any criminal charges pending against him or her. Most importantly, the applicant cannot have committed a criminal offense during the three-, five-, or seven-year waiting period.

This provision raises some questions about how the waiting periods operate. For example, a person commits a single felony in 2020 and completes a term of imprisonment in 2023. Time begins to run on the waiting period. The person then commits a misdemeanor in 2024. According to the statute, he or she would not be eligible to have the 2020 felony expunged in 2028 (the end of the five-year waiting period) because he or she committed another offense (the misdemeanor) during the five-year waiting period. The issue is whether the waiting period would restart in at some point, such as at the commission of the misdemeanor or at the end of the waiting period for the misdemeanor, or if the offender would simply be unable to expunge the 2020 felony—ever—because he or she committed an offense during the waiting period.

Another issue arises with parole. If the offender referred to above were put on parole until 2025, what effect would the misdemeanor offense in 2024 have on an application for an expungement? The misdemeanor would have been committed before the waiting period even started (at the end of parole), so technically it would not have been committed “during” the waiting period. It is unclear whether such a person would be eligible to file an application for expungement of the felony.

The statutes do not address these scenarios but will be clarified in interpretation of the law.

  1. Application for a Set Aside or Expungement
  2. Automatic Expungement — MCL 750.621g
  3. Limitations on Automatic Expungements
  4. Automatic Set Asides for Felonies
  5. Automatic Set Asides for Misdemeanors
  6. Good News for Offenders
  7. Definitions

Automatic Expungement — MCL 750.621g

Beginning in 2023, Michigan will begin a markedly different way of setting aside convictions. An offender will not have to apply to have his or her record expunged; instead, an eligible conviction will be set aside automatically (with exceptions for certain crimes). This is a major step in Michigan’s “clean slate” plan.

Waiting Periods

An offender need not apply for expungement for eligible crimes; the expungement is automatic. For misdemeanors, the waiting period for an automatic set aside is seven years after imposition of the sentence; for felonies, ten years after the later of imposition of the sentence or completion of the term of imprisonment.

Number of convictions that may be set aside

  • Only two felonies may be expunged automatically.
  • For misdemeanors for which the term of imprisonment was more than 92 days, the limit for automatic set asides is four. There is no limit to the number of misdemeanors that can be set aside if the term of imprisonment for the misdemeanor was 92 days or less.
  • A person who has only one lifetime OWI conviction is eligible for an automatic set aside. The following will be automatically expunged:
    • Operating while intoxicated
    • Operating under the influence of drugs
    • Operating while impaired
    • Operating with a high BAC of .17 or greater
    • Zero tolerance/minor with any BAC

Operating under the influence resulting in an injury or death is not eligible for expungement.

  • Persons convicted of misdemeanor or local ordinance marijuana offenses are eligible for expungement if their offenses would not have been unlawful after recreational marijuana became legal December 6, 2018.

For an automatic expungement, like an application for expungement, a felony offender or person convicted of a misdemeanor for which the possible term of imprisonment was more than 92 days must not have any charges pending against him or her at the time of the automatic expungement or have committed an offense during the waiting period for the automatic set aside. As stated above in “Set Aside Limitations,” interpretation of how subsequent offenses affect set asides is unclear.

  1. Application for a Set Aside or Expungement
  2. Automatic Expungement — MCL 750.621g
  3. Limitations on Automatic Expungements
  4. Automatic Set Asides for Felonies
  5. Automatic Set Asides for Misdemeanors
  6. Good News for Offenders
  7. Definitions

Limitations on Automatic Expungements

The automatic set aside has limitations. For example, an automatic expungement does not:

  • Release the offender from the payment of fines, costs, or monies owed as a result of the offense
  • Relieve the offender from the duty to register under the Sex Offender Registration Act (MCL 28.723) for a “listed offense.” A listed offense is a Tier 1, Tier 2, or Tier 3 sex offense.
  • Prevent a crime victim from suing the offender
  • Prevent law enforcement, the prosecutor, a court, the governor, or an attorney general from using the conviction to charge a crime as a second or subsequent offense, to set sentencing, to make pardon decisions, to negotiate plea bargains, or to influence a future set-aside decision

The automatic set aside provisions of the new law can be complicated. Below is an explanation of how the set asides apply to different categories of crimes.

  1. Application for a Set Aside or Expungement
  2. Automatic Expungement — MCL 750.621g
  3. Limitations on Automatic Expungements
  4. Automatic Set Asides for Felonies
  5. Automatic Set Asides for Misdemeanors
  6. Good News for Offenders
  7. Definitions

Automatic Set Asides for Felonies

MCL 750.621(g)(2) applies to a conviction or convictions of a felony or felonies. That subsection states that a felony conviction recorded or maintained in the state police database is set aside automatically after the waiting period. However, there are many exceptions to this rule:

  • No more than two felonies can be automatically expunged in a person’s lifetime
  • A felony offense or an offense for which the term of imprisonment was more than 92 days cannot be set aside automatically if it is:
    • An assaultive offense (listed at the end of this article)
    • A crime of dishonesty (listed at the end of this article)
    • An offense that that is punishable by 10 years’ or more imprisonment
    • A violation related to human trafficking
    • An offense that involves a minor, vulnerable adult, injury or serious impairment (not defined in the statute), or death
  • If a person committed more than one assaultive offense in his or her lifetime, he or she is not entitled to an automatic set aside of any felony conviction
  1. Application for a Set Aside or Expungement
  2. Automatic Expungement — MCL 750.621g
  3. Limitations on Automatic Expungements
  4. Automatic Set Asides for Felonies
  5. Automatic Set Asides for Misdemeanors
  6. Good News for Offenders
  7. Definitions

Automatic Set Asides for Misdemeanors

Misdemeanor Recorded and Maintained by the State Police and for Which the Possible Term of Imprisonment is More than 92 Days

MCL 750.621g(4) governs convictions of those misdemeanors for which the maximum term of imprisonment is more than 92 days and the records of which are maintained by the state police. Such misdemeanors are expunged automatically after seven years, with the following exceptions:

MCL 750.621(g)(2) applies to a conviction or convictions of a felony or felonies. That subsection states that a felony conviction recorded or maintained in the state police database is set aside automatically after the waiting period. However, there are many exceptions to this rule:

  • No more than four such misdemeanors may be automatically expunged
  • A misdemeanor offense described above cannot be set aside automatically if it is:
    • An assaultive offense
    • A serious misdemeanor (listed at the end of this article)
    • A crime of dishonesty
    • An offense that that is punishable by 10 years’ or more imprisonment
    • A violation related to human trafficking
    • An offense that involves a minor, vulnerable adult, injury or serious impairment, or death

As stated above, “injury” is not defined in the statute.

  • If a person committed more than one assaultive misdemeanor as described above in his or her lifetime, he or she is not entitled to an automatic set aside of any misdemeanor conviction for which the maximum penalty is imprisonment for more than 92 days and the records of which are maintained by the state police

Misdemeanor Recorded and Maintained by the State Police and for Which the Possible Term of Imprisonment is 92 Days or Less

MCL 750.621g(3) governs convictions for misdemeanors for which the potential term of imprisonment is 92 days or less and the records of which are maintained by the state police. Such misdemeanors are automatically set aside after 7 years. Generally, no limit exists as to the number of these misdemeanors that can be set aside, except for the following offenses:

  • An assaultive offense
  • A serious misdemeanor
  • A crime of dishonesty
  • An offense that that is punishable by 10 years’ or more imprisonment
  • An offense that involves a minor, vulnerable adult, injury or serious impairment, or death
  • A violation related to human trafficking

These offenses cannot be automatically set aside.

Misdemeanor for Which the Possible Term of Imprisonment is Less than 92 Days

This last category of offenses, which involves the least serious crimes, is governed by MCL 750.621g(1). It differs from the previous category in that the offense is not recorded and maintained by the state police and the automatic expungement laws make no reference to assaultive offenses, serious misdemeanors, crimes of dishonesty, etc. No limit exists as to the number of these misdemeanors that may be set aside.

  1. Application for a Set Aside or Expungement
  2. Automatic Expungement — MCL 750.621g
  3. Limitations on Automatic Expungements
  4. Automatic Set Asides for Felonies
  5. Automatic Set Asides for Misdemeanors
  6. Good News for Offenders
  7. Definitions

Good News for Offenders

The changes in the law for an application for an expungement and the automatic set aside laws make it easier for an offender who has reformed to erase his or her criminal conviction(s) and start anew, increasing job opportunities, housing rights, and other benefits. The expungement of a conviction results in the record being made non-public (with exceptions), so an offender can honestly answer that he or she has no convictions.

Although automatic expungement provides a guarantee of setting aside a conviction, it also has a longer waiting period than an application for a set aside, and an assaultive crime is excluded if the crime was a felony or a misdemeanor that resulted in 92 days’ or more imprisonment. Whether to apply for an expungement or wait for automatic expungement is up to the individual. Many considerations are involved, and having an experienced criminal law attorney review the facts and circumstances of the case can lead to the best outcome for an offender.

  1. Application for a Set Aside or Expungement
  2. Automatic Expungement — MCL 750.621g
  3. Limitations on Automatic Expungements
  4. Automatic Set Asides for Felonies
  5. Automatic Set Asides for Misdemeanors
  6. Good News for Offenders
  7. Definitions

Definitions

Assaultive Offenses

Assaultive Offenses Involving Injury to a Person

  • 750.81c(3): causing impairment of a body function
  • 750.82: felonious assault; assaulting another person with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon without intending to commit murder or to inflict great bodily harm
  • 750.83: assault with intent to commit murder
  • 750.84: assault with intent to commit great bodily harm or assault by strangulation
  • 750.86: assault with intent to maim
  • 750.87: assault with intent to commit a felony not named in 750.82-750.86
  • 750.88: unarmed assault with intent to rob and steal
  • 750.89: armed assault with intent to rob and steal
  • 750.91: attempting to murder by poisoning, drowning, or strangling
  • 750.136b: child abuse
  • 750.316: premeditated murder
  • 750.317: second degree murder
  • 750.321: manslaughter
  • 750.349a: taking a person hostage while a prisoner
  • 750.349b: unlawful imprisonment
  • 750.397: mayhem
  • 750.520b: criminal sexual conduct in the first degree
  • 750.520c: criminal sexual conduct in the second degree
  • 750.520d: criminal sexual conduct in the third degree
  • 750.520e: criminal sexual conduct in the fourth degree, except that a conviction that occurred before January 12, 2015, may be expunged if the offender has not been convicted of another offense other than 2 minor offenses
  • 750.520g: assault with intent to commit criminal sexual conduct
  • 750.529: armed robbery
  • 750.529a: carjacking
  • 750.530: using force, violence, or assault in committing a larceny

Assaultive Offenses Involving a Pregnant Person

  • 750.90a: committing an act prohibited by 750.80-750.89 (above) upon a pregnant person, with intent to cause (or with wanton or willful disregard as to whether the conduct will cause) miscarriage or stillbirth and miscarriage or stillbirth actually results
  • 750.90b: committing acts 750.80-750.89 against a pregnant person and injury or stillbirth or miscarriage results
  • 750.90c: committing gross negligent act against a pregnant person if certain injuries defined by statute result
  • 750.90d: violation of traffic code 257.625(1) [driving while intoxicated] or (3) [driving while impaired from drinking or having a controlled substance or other intoxicating substance] resulting in an accident with a pregnant person and causing stillbirth, or miscarriage or great bodily harm or serious or aggravated injury to the fetus
  • 750.90e: operating a vehicle in a careless or reckless manner that proximately causes an accident with a pregnant person and causes miscarriage, stillbirth, or death to the fetus
  • 750.90g: violating the “Infant Protection Act”: causing the death of a live fetus as defined by the statute
  • 750.90h: violating the “Partial Birth Abortion Ban Act” as defined by the statute

Assaultive Offenses Involving Explosives

  • 750.200: transporting, carrying, or conveying dynamite, gunpowder, or other explosive by common carrier carrying passengers for hire
  • 750.201: ordering, sending, taking, transporting, conveying, or carrying dynamite, nitroglycerine, fulminate in bulk in dry condition, or any other explosive substance that explodes by concussion or friction, that is concealed as freight or baggage, on a passenger boat or vessel, a railroad car or train of cars, a street car, motor bus, stage, or other vehicle used wholly or partly for carrying passengers or articles of commerce by land or water; attempt to commit such an offense
  • 750.202: delivering for transportation to any common carrier engaged in commerce by land or water, or causing to be delivered or to carry any explosive or other dangerous article, under any false or deceptive marking, description, invoice, shipping order, or other declaration, or without informing the agent of such carrier of the true character thereof
  • 750.204: sending explosives with intent to frighten
  • 750.204a: possessing, delivering, sending, transporting, or placing a device that is constructed to represent or is presented as an explosive, incendiary device, or bomb, with the intent to terrorize, frighten, intimidate, threaten, harass, or annoy any other person
  • 750.204b: importing, manufacturing, distributing, or storing explosive materials in this state, unless the importation, manufacture, distribution, or storage of the explosive materials complies with federal law
  • 750.204c: handling explosives while under the influence of alcohol or a controlled substance
  • 750.207: placing an explosive substance in or near any real or personal property with the intent to frighten, terrorize, intimidate, threaten, harass, injure, or kill any person, or with the intent to damage or destroy any real or personal property without the permission of the property owner
  • 750.209a: possessing an explosive substance or device in a public place with the intent to terrorize, frighten, intimidate, threaten, harass, or annoy any other person
  • 750.210: carrying or possessing an explosive or combustible substance or a substance or compound that when combined with another substance or compound will become explosive or combustible or an article containing an explosive or combustible substance or a substance or compound that when combined with another substance or compound will become explosive or combustible, with the intent to frighten, terrorize, intimidate, threaten, harass, injure, or kill any person, or with the intent to damage or destroy any real or personal property
  • 750.212: manufacturing, selling, keeping, or offering for sale any high explosive that is not marked, branded, or stamped; selling, keeping, or offering for sale any dynamite or other high explosive not branded or marked; falsely branding, marking, or stamping any such explosive; or selling, keeping, or offer for sale any high explosive bearing any false brand or mark

Assaultive Offenses Involving Harmful Substances or Devices

  • 750.200i: manufacturing, delivering, possessing, transporting, placing, using, or releasing any of the following for an unlawful purpose:
    • a harmful biological substance or device
    • a harmful chemical substance or device
    • a harmful radioactive material or device
    • a harmful electronic or electromagnetic device
  • 750.200j: manufacturing, delivering, possessing, transporting, placing, using, or releasing for an unlawful purpose any of the following:
    • a chemical irritant or a chemical irritant device
    • a smoke device
    • an imitation harmful substance or device
  • 750.200l: committing an act with the intent to cause an individual to falsely believe that the individual has been exposed to a harmful biological substance, harmful biological device, harmful chemical substance, harmful chemical device, harmful radioactive material, harmful radioactive device, or harmful electronic or electromagnetic device
  • 750.209: placing an offensive or injurious substance or compound in or near to any real or personal property with intent to wrongfully injure or coerce another person or to injure the property or business of another person, or to interfere with another person’s use, management, conduct, or control of his or her business or property
  • 750.210a: selling, offering for sale, bartering, or otherwise disposing of; purchasing, receiving, or otherwise acquiring; having in possession, carrying, or transporting any oil, tincture, elixir, or fluid of valerium, valeric acid, or crystals of ammonium valerate
  • 750.211a: manufacturing, buying, selling, furnishing, or possessing a Molotov cocktail or any similar device

Assaultive Offenses Involving Terrorism

  • 750.543f: committing terrorism as defined by the statute
  • 750.543h: hindering prosecution of terrorism
  • 750.543k: providing or soliciting support for terrorism
  • 750.543m: making a terroristic threat or false report of terrorism
  • 750.543p: using the internet or a telecommunications device or system or other electronic device or system to disrupt the functions of the public safety, educational, commercial, or governmental operations within Michigan with the intent to commit a willful and deliberate act to:
    • commit a felony
    • commit an act that is dangerous to human life
    • intimidate or coerce a civilian population or the conduct of the government
  • 750.543r: obtaining or possessing a blueprint, an architectural or engineering diagram, security plan, or other similar information of a vulnerable target, with the intent to commit terrorism

Miscellaneous Assaultive Offenses Not Involving Injury to a Person

  • 750.110a: home invasion
  • 750.209: placing an offensive or injurious substance or compound in or near to any real or personal property with intent to injure or coerce another person to injure another person’s property or business, or to interfere with another person’s use, management, conduct, or control of his or her business or property; placing an offensive or injurious substance or compound in or near to any real or personal property with the intent to annoy or alarm any person
  • 750.234a: intentionally discharging a firearm from a motor vehicle
  • 750.234b: intentionally discharging a firearm at a dwelling or likely occupied structure
  • 750.234c: intentionally discharging a firearm at a police or emergency vehicle
  • 750.350: maliciously, forcibly, or fraudulently leading, taking, carrying away, decoying, or enticing away any child under the age of 14 years with the intent to detain or conceal the child from the child’s parent or legal guardian, from the person or persons who have adopted the child, or from any other person having the lawful charge of the child
  • 750.411h(2)(a): stalking
  • 750.411i: aggravated stalking
  • Any other “violent crime” (not defined by the law) not listed above
  • A crime committed in another state that is substantially similar to the offenses listed above

Serious Misdemeanors

  • 750.81: assault and battery, including domestic violence
  • 750.81a: assault; infliction of serious injury, including aggravated domestic violence
  • 750.115: breaking and entering or illegal entry
  • 750.136b: child abuse in the fourth degree
  • 750.145: contributing to the neglect or delinquency of a minor
  • 750.145d: using the internet or a computer to make a prohibited communication
  • 750.233: intentionally aiming a firearm without malice
  • 750.234: discharge of a firearm intentionally but without malice aimed at another person if no injury results
  • 750.235: discharge of an intentionally aimed firearm resulting in injury
  • 750.335a: indecent exposure
  • 750.411h: stalking
  • 257.601b: injuring a worker in a work zone
  • 257.617a: leaving the scene of a personal injury accident
  • 257.625: operating a vehicle while intoxicated; operating a vehicle while visibly impaired due to consumption of alcoholic liquor, a controlled substance, or other intoxicating substance, or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance; or operating a vehicle with any amount of a controlled substance
  • 436.701: Selling or furnishing alcoholic liquor to an individual less than 21 years of age if the violation results in physical injury or death to any individual
  • 324.80176: operating a vessel while under the influence of or impaired by intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content, if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to any individual
  • A violation of a local ordinance substantially similar to a state code violation that is a serious misdemeanor
  • A violation charged as a serious misdemeanor but subsequently reduced to a misdemeanor

Crimes of Dishonesty

Embezzlement

  • 750.258: piecing together valid notes, bank bills, etc. to make another, invalid note, bank bill, or other financial instrument
  • 750.259: affixing a fictitious signature with intent to pass it as true
  • 750.260: counterfeiting any silver or gold, or having 5 or more pieces of false money or coins knowing they are false or counterfeit and having intent to utter or pass as true
  • 750.261: possession of fewer than 5 pieces of counterfeit coin with intent to utter or pass as true
  • 750.262: possessing counterfeiting tools to make counterfeit coins
  • 750.263: willfully counterfeiting an identifying mark with intent to deceive or defraud another person; willfully manufacturing or producing an item of property bearing or identified by a counterfeit mark
  • 750.264: possessing a counterfeit mark with intent to use or deliver it to a person possessing a die, plate, engraving, template, pattern, or material with intent to create a counterfeit mark, or possessing an identifying mark without authorization of the identifying mark’s owner with intent to create a counterfeit mark
  • 750.265: counterfeiting or imitating a union label or using a union label without permission

Crimes of Dishonesty Involving Computers and Computer Systems

  • 752.794: intentionally accessing a computer program, computer, computer system, or computer network to devise or execute a scheme or artifice with the intent to defraud or to obtain money, property, or a service by a false or fraudulent pretense, representation, or promise
  • 752.795: intentionally and without authorization or by exceeding valid authorization (a) accessing a computer program, computer, computer system, or computer network to acquire, alter, damage, delete, or destroy property or otherwise use the service of a computer program, computer, computer system, or computer network; or (b) inserting or attaching or knowingly creating the opportunity for an unknowing and unwanted insertion or attachment of a set of instructions or a computer program into a computer program, computer, computer system, or computer network, that is intended to acquire, alter, damage, delete, disrupt, or destroy property or otherwise use the services of a computer program, computer, computer system, or computer network.
  • 752.795a: violate the Michigan Children’s Registry Protection Act (MCL 752.1061-1068)
  • 752.796: using a computer program, computer, computer system, or computer network to commit, attempt to commit, conspire to commit, or solicit another person to commit a crime.

Other Offenses That by Statute May Not Be Set Aside

Offenses Involving Children

  • 750.136b: child abuse in the first degree
  • 750.136d: child abuse in the first degree in front of another child
  • 750.145a: accosting, enticing, or soliciting a child less than 16 years of age or a person believed to be a child less than 16 years of age with the intent to induce or force that child or person to commit an immoral act, to submit to an act of sexual intercourse or an act of gross indecency, or to any other act of depravity or delinquency, or encouraging a child less than 16 years of age or a person who is believed to be a child less than 16 years of age to engage in any of those acts
  • 750.145c: offenses involving child sexually abusive material if the person knows or reasonably should know that that the child is a child as defined by statute; distributing or promoting any child sexually abusive material or child sexually abusive activity; possessing any child sexually abusive material
  • 750.145d: Using the internet or a computer, computer program, computer network, or computer system to communicate with any person for the purpose of doing any of the following: committing, attempting to commit, conspiring to commit, or soliciting another person to commit conduct proscribed under 750.145c (see above) (also includes contributing to the delinquency of a minor, soliciting a child for an immoral purpose, and offenses involving child sexually abusive material)
  • 750.350: maliciously, forcibly, or fraudulently taking or enticing away a child under the age of 14 years with the intent to detain or conceal the child from the child’s parent or legal guardian, or from the person or persons who have adopted the child, or from any other person having the lawful charge of the child.
  • 722.675, disseminating sexually explicit material to a minor, or exhibiting a sexually explicit performance to minor, in which the victim is a minor or is believed by that person to be a minor

Criminal Sexual Conduct

  • 750.520b, criminal sexual conduct in the first degree
  • 750.520c, criminal sexual conduct in the second degree
  • 750.520d, criminal sexual conduct in the third degree
  • 750.520e, criminal sexual conduct in the fourth degree, except that a conviction that occurred before January 12, 2015, may be expunged if the offender has not been convicted of another offense other than 2 minor offenses
  • 750.520g, assault with intent to commit criminal sexual conduct

Offenses Involving Explosives or Dangerous Objects or Substances

  • Committing, attempting to commit, conspiring to commit, or soliciting another person to commit an offense under:
    • 750.327: ordering, sending, taking or carrying dynamite, nitro-glycerine or any other explosive substance concealed either as freight or baggage on any passenger boat or vessel, railroad car, train of cars, street car, motor bus, or other vehicle used wholly or partly for carrying passengers.
    • 750.327a: selling explosives to minors
    • 750.328: placing or causing to be placed any gun powder or other explosive substance that upon explosion causes the death of any person in, upon, under, against or near a building or object with intent to destroy whole or part of any building or object
  • 750.411a(2), Doing the following:
    • Knowingly making a false report of a violation or attempted violation of chapter XXXIII [bombs and explosive devices] or threatening to
    • Violating 750.327: (see above) or threatening to
    • Violating 750.328: (see above) or threatening to
    • Violating 750.397a:
      • Placing pins, needles, razor blades, glass, or other harmful objects in any food
      • Placing a harmful substance in any food with intent to harm the consumer of the food
      • Knowingly furnishing any food containing a harmful object or substance to another person
    • Violating 750.436:
      • Willfully mingling a poison or harmful substance with a food, drink, nonprescription medicine, or pharmaceutical product
      • Willfully placing a poison or harmful substance in a spring, well, reservoir, or public water supply, knowing or having reason to know that the water may be ingested or used by a person
      • Maliciously informing another person that a poison or harmful substance has been or will be placed in a food, drink, nonprescription medicine, pharmaceutical product, spring, well, reservoir, or public water supply, knowing that the information is false and that it is likely that the information will be disseminated to the public
      • Threatening to do the above

Miscellaneous Offenses that May Not be Set Aside

  • A felony for which the maximum punishment is life imprisonment or an attempt to commit a felony for which the maximum punishment is life imprisonment.
  • Any traffic offense by an person with an indorsement on his or her operator’s or chauffeur’s license to operate a commercial motor vehicle that was committed while the individual was operating the commercial motor vehicle
  • Any traffic offense that causes injury or death
  • Driving while intoxicated except for the automatic set aside provisions
  • Committing a felony domestic violence offense if the person has a previous misdemeanor conviction for domestic violence
  • 750.411h: stalking
  • 750.411i: aggravated stalking
  • 750.349: kidnapping

The team at Spolin Law works hard to help our clients soar and avoid being held back by past convictions that can make reintegration into society and the workforce particularly difficult. The recent updates to Michigan set aside legislation and the changes that are soon to come to aim to do just that by largely growing public access to post-conviction relief. When considering these new initiatives, however, it is also important to understand its limitations with guidance from an experienced attorney. To learn how you or a loved one may benefit from this expansion of expungement eligibility, do not hesitate to call us for a free consultation at (866) 617-9620. Our devoted lawyers are here to achieve you the justice and bright future you deserve.