How to Apply to Set Aside an Adult Misdemeanor and/or Felony Conviction

You will need to know what is on your criminal record. If you are unsure, you may order a copy from Michigan’s Internet Criminal History Access Tool (ICHAT). The ICHAT record will have three columns: your arrests, your charges, and your convictions. You may also want to order a FBI background check if you are unsure whether you have any criminal convictions in other states.

Use the Do-It-Yourself Expungement (Adult Conviction) tool to complete your application. Do not sign the completed form until you have a notary or the court clerk witness your signature. You must have photo identification to show the notary.

If you have convictions in more than one court, you will need to use the Do-It-Yourself Expungement (Adult Conviction) tool again. For example, if you had two misdemeanors in the 24th District Court and one felony in the 17th Circuit court, you would need to use the tool two times: once for the 24th District convictions and once for the 17th Circuit conviction.

Please note that completing the documents on Michigan Legal Help or Law Help Interactive does not file anything with the court.

Order one certified record of each conviction you are trying to have set aside from the court clerk where you were convicted. These records may be called a judgment of sentence, an order of probation, an abstract of conviction, or a register of actions. If you let the clerk know that you need the certified record for an expungement, they should get you the correct record type. If you have questions about how to get your certified records, contact the court clerk where you were convicted for more information. There will be a fee to get your certified records.

If you were convicted in multiple courts, you will have to go to each court where you were convicted to get your certified records. 

You will need to get fingerprinted using a RI-008 card. Call your local police station or Michigan State Police (MSP) branch to set up an appointment to have your fingerprints taken. You might have to pay a small fee. Make sure that your fingerprints are taken on the RI-008 fingerprint card, and that the card is accurately completed. 

If you're not in Michigan, you can get your fingerprints taken by a law enforcement agency in your state. Make sure they use the FBI fingerprint card (FD-258).

You will need to submit the fingerprint card to the MSP along with a copy of your application. See Step 6 for more information on the documents you need to send along with your fingerprints to the MSP.

Before you file your application, call the court clerk’s office where you were convicted to ask what filing methods are available. You can find contact information for each court on the Courts & Agencies page. Depending on the court, you may be able to file by:  

• In-person filing
• Mailing or dropping off documents
• E-mail
• E-filing using MiFILE

See below for general instructions on each method. Make sure to carefully follow any specific instructions you get from the clerk. If you were convicted in multiple courts, call each court clerk and follow the specific instructions they give you for that court. 

If you are filing in person or by mail, you need to make five paper copies of your notarized Application to Set Aside Conviction and five paper copies of each certified record of conviction before filing. File your original certified record of conviction with the court.

If you are filing by e-mail or e-filing, you will need a clean, easy-to-read electronic copy of your notarized Application to Set Aside Conviction and each certified record of conviction. After filing, you will need to print four paper copies of your notarized Application to Set Aside Conviction with the filing date and four paper copies of each certified record of conviction. 

In Person

Take your original application, original certified record of conviction, and all the copies of your application and record of conviction to the clerk’s office in the court where you were convicted. Each court has its own filing procedure, so be sure to ask the court clerk how many copies they need.

Mail

Before you mail in your documents, call the court clerk. Mail the number of originals and copies that the clerk requests of your application and certified records. Include a self-addressed stamped envelope so that the clerk can return your copies. The court may keep your original application. 

Email 

Write down the email address the court clerk gives you to email your documents. Your documents must be in PDF format. Be sure to label your documents so that they can be easily identified such as “Application to Set Aside Conviction” or “Certified Record of Conviction.” 

E-File 

MiFILE is only available for some courts. Even in courts where it is available, you can only use it for some case types. The State Court Administrative Office keeps a chart of courts that use e-filing. If E-Filing is available, go to E-Filing Court Documents for more information about how to E-file.

How your hearing in front of the judge will be scheduled depends on the court.

In some courts when you file your application, the clerk will give you the name of the judge assigned to your case and set a hearing date. The clerk will complete the Notice of Hearing section on the copies of your application to tell the prosecutor, Attorney General, and Michigan State Police when your hearing is scheduled. The clerk will keep the original application and return the remaining copies to you.

In other courts when you file your application, the clerk will date stamp your application and return it to you. The clerk will wait until they receive the background check report from the Michigan State Police to schedule your hearing. If the clerk tells you they can’t schedule the hearing until they have the State Police Report, skip to Step 6 below where it says “Michigan State Police.” 

If you need to wait for your criminal history report, the clerk may give you a timeframe of when you should call their office to get the information about the hearing and who your assigned judge will be so you can write them in on the remaining copies of your application and then serve the Prosecutor and Attorney General. Do not send your application to the Prosecutor or Attorney General until you have your assigned judge and a hearing date has been set by the clerk. 

Other courts may require that you call the court administrator or complete and file a notice of motion hearing (praecipe) or a similar motion as part of your application packet in order to get a hearing date. 

A hearing is usually scheduled 45 to 90 days from the day you file. Some courts with a high number of expungements may not schedule a hearing until around 160 days from the day you file.

Please read Step 5 carefully before starting this step.

Use the instructions in this step to send copies of your application to the Michigan State Police (MSP), prosecuting official, and Attorney General. Do not fill out the “Proof of Service” part. Keep track of the date you sent your application to the MSP, prosecutor, and Attorney General. 

Serving the Michigan State Police 

Mail one copy of your application, a copy of the record of conviction, and your original fingerprint card to the MSP, along with a check or money order for $50 made out to the State of Michigan. These should be sent by first-class mail to:

Michigan State Police
CJIC - Criminal History
P.O. Box 30266
Lansing, Michigan 48909-7766

The MSP will create a criminal history report from state and federal records and will send a copy to you and the court. The court can’t have a hearing until it receives your criminal history report from the MSP. 

Serving the Prosecuting Official and Attorney General

Important: Be sure to get your hearing date and fill out the “Notice of Hearing” section on page three of your Application to Set Aside Conviction before you serve the prosecutor and Attorney General.

Prosecuting Official: Mail one copy of your application with the "Notice of Hearing" section filled out and a copy of your record of conviction to the office of the prosecutor that tried your criminal case. To find the prosecuting official, look at your certified record of conviction. It may list the prosecutor under the “People of the State of Michigan.” If you don’t see a prosecutor’s name or office on your record of conviction, you may see their information on your ICHAT printout in the “charge segment” section. If you do not know the name or address of the prosecuting official, ask the court clerk where you filed your application or see the Michigan Prosecuting Attorney Office Directory for the address.

Attorney General: Mail one copy of your application with the "Notice of Hearing" section filled out and a copy of your record of conviction to the Attorney General. The Attorney General will file a written response and may also decide to appear at your hearing to testify in support of your application or object to it. The address for the Attorney General is:

Department of the Michigan Attorney General
Criminal Trials and Appeals Division
G. Mennen Williams Building
525 W. Ottawa Street
P.O. Box 30212
Lansing, MI 48909

After sending your application to the Michigan State Police (MSP), prosecuting official, and Attorney General, fill out the Proof of Service section on page three of both of the remaining copies of your Application to Set Aside Conviction. Make sure you fill out the date you sent each application to the MSP, prosecutor, and Attorney General. Sign and date both copies. 

File one copy of the application including the Proof of Service with the court clerk to show that you sent the application to all the required agencies. You can file this the same way you filed your application with the court in Step 4. Keep one copy for yourself.

If you are asking for convictions from different courts to be set aside, you will need to file a Proof of Service with each court where you filed an application. 

Be sure to read any notices or letters you get from the Attorney General or local prosecutor. If they do not want your conviction to be expunged, you may get a notice called an "Opposition" or something saying they "oppose" your application. If this happens, contact the Counsel & Advocacy Law Line right away at 1-888-783-8190.

At your hearing you need to show the judge that your conviction should be set aside. Explain how your life has been since the conviction and how making the conviction nonpublic is going to help you. To learn more about what to include, read Applying to Set Aside (Expunge) an Adult Criminal Conviction. Make a short list that you can quickly look over while you are in front of the judge to make sure you don’t forget anything.

You may also want to bring witnesses or documents to show the judge. Witnesses should have first-hand knowledge of your positive behavior since your conviction. Examples of documents to bring include:

• Your work and education history since your conviction

• Letters of support from family, friends, employers, churches, or community organizations

• Diplomas or certificates earned

• Substance abuse treatment program certificates

• Documents from potential employers or licensing boards that explain how setting aside your conviction will allow you to progress in your career

Any documents you want to show the judge need to be filed with the court before the hearing date. You also need to send a copy of the documents to the local prosecutor and Michigan Attorney General.

To prepare for your hearing, watch the Going to Court video.

If you asked for convictions in different courts to be set aside, you will need to attend a hearing in each court where you filed an application.

When you go to court, bring a copy of your complete application, a blank copy of the Order on Application to Set Aside Conviction, any evidence you would like to show the judge, and any witnesses. Dress neatly and arrive 15 minutes early. Check in with the clerk when you arrive.

At your hearing, go to the front of the courtroom when your name is called and follow the directions of the judge. Using the list you made earlier, tell the judge why the conviction should be set aside, and let the judge know if you have documents to support what you are saying. The judge will ask the Attorney General, prosecutor, or any victims if they object to setting aside your conviction and will ask them questions.

After hearing from you and any witnesses, the judge will make a decision on your application. If your conviction is set aside, the judge will complete and sign the Order on Application to Set Aside Conviction. You will be given a copy of the order.

Ask if the court clerk will also send a copy to the local prosecutor and Michigan State Police. If not, you should send a copy to these agencies.

One month to six weeks after your conviction is set aside, your record should be clear. You can check ICHAT to see if your conviction is still public. If the record is still public, contact the Michigan State Police’s Criminal History Section at (517) 241-0606 to see if Michigan State Police has received a copy of the Order on Application to Set Aside Conviction. If not, send a copy of the Order to: 

Michigan State Police
CJIC
P.O. Box 30266
Lansing, Michigan 48909-7766

You should also clear your record with the Michigan Department of Corrections. Send a copy of the Order to the following address:​

Michigan Department of Corrections
206 E. Michigan Ave.
Grandview Plaza
PO Box 30003
Lansing, MI 48909