Eligibility Requirements
Residency-based
- Must live in Wayne County (except the city of Detroit), or Monroe County
Conviction-based
- Up to three felonies and an unlimited number of misdemeanors, with certain conditions on the types of offenses that qualify:
- No more than two assaultive crimes may be expunged
- No more than one felony conviction for the same offense if the offense is punishable by more than 10 years imprisonment
- Most traffic offenses will be eligible for expungement. This excludes convictions for:
- Traffic offenses that cause injury or death
- Commercial Driver License (CDL) violations
Impaired Driving Misdemeanor Expungement
New state legislation allows for one misdemeanor impaired driving conviction to be eligible for expungement through the Clean Slate program. Restrictions apply.
- Misdemeanor marijuana possession and use that would not have been considered crimes after recreational marijuana was legalized in Michigan. Judges must grant expungements if prosecutors don’t object.
- Multiple felonies or misdemeanors arising from the same 24-hour period are treated as one conviction for the purposes of expungement.
- None of the offenses can be assaultive, involve the use or possession of a dangerous weapon
- None of the offenses can carry a maximum penalty of 10 or more years in prison
- The waiting period to apply after a person’s monitoring by the justice system ends (i.e. sentencing, probation, release from incarceration, parole, or whichever occurred last) will be:
- Three years for misdemeanors
- Five years for serious misdemeanors or one felony
- Seven years for multiple felonies
