Mich. Comp. Laws § 780.622 deals with entry of order; effect; use of set aside conviction; "applicant" defined. The statute says: “(1) Upon the entry of an order under section 1 or 1e, or upon the automatic setting aside of a conviction under section 1g, the applicant, for purposes of the law, is considered not to have been previously convicted, except as provided in this section and section 3.”
Petitions the courts already decided
People v. Smith, 437 Mich. 293 (1991) is worth reading in full. The court held the record outside the statute. The opinion puts it this way: “Shortly thereafter, this Court amended the rule, effective September 29, 1978, to provide that if a person is convicted of a felony after reaching seventeen years of age, the person is not eligible for automatic expungement.”
People v. Link, 225 Mich. App. 211 (1997) is worth reading in full. The opinion puts it this way: “Indeed, Public Act 213 of 1965 excludes from eligibility for expunction any felony for which the maximum punishment is imprisonment for life.”
The petition and the sections next to it
Michigan uses Mich. Comp. Laws § 722.627j for statewide electronic case management system; classification of confirmed cases; placement on central registry; motion for removal; notification; requirements; request for amendment of report; hearing; expungement; death of perpetrator; receipt of central registry placement confirmation; automated systems; search of children's protective services records. The statute says: “The department may enter into vendor contracts that it considers necessary and proper for implementation, review, and update of the electronic case management system.”
Michigan uses Mich. Comp. Laws § 257.732 for record of cases; forwarding abstract of record or report to secretary of state; settlement; abstracts forwarded; "felony in which a motor vehicle was used" defined; statement; "felony in which a commercial motor vehicle was used" defined; certification that all abstracts forwarded; noncompliance as misconduct in office; location and public inspection of abstracts; entering abstracts on master driving record; exceptions; informing courts of violations; entering order of reversal in book or index; modifications; abstract as part of written notice to appear; immediate report; expunction prohibited. The statute says: “(1) Each municipal judge and each clerk of a court of record shall keep a full record of every case in which an individual is charged with or cited for a violation of this act or a local ordinance substantially corresponding to this act regulating the operation of…”
Michigan uses Mich. Comp. Laws § 28.725 for conditions requiring individual to report in person and provide notice to registering authority; release of incarcerated individual; notice; compliance; removal upon expungement. The statute says: “SEX OFFENDERS REGISTRATION ACT (EXCERPT) Act 295 of 1994 28.725 Conditions requiring individual to report in person and provide notice to registering authority; release of incarcerated individual; notice; compliance; removal upon…”
Michigan uses Mich. Comp. Laws § 722.119 for child care organization; presence of certain individuals prohibited; conditions; contact by certain individuals prohibited; conditions; documentation that individual not named in central registry; policy regarding supervision of volunteers; children's camps or campsites; administrative review for former applicant or licensee; expungement; criminal history check. The statute says: “Child abuse under section 136b of the Michigan penal code, 1931 PA 328, MCL 750.”
When a different section applies
Read Mich. Comp. Laws § 712a.18t when the issue is automatic expungements; exceptions; notification; nonpublic record; disclosure; violation; misdemeanor; implementation. This relief can move without a petition in every case. The statute says: “(1) Except as otherwise provided in this section, beginning 2 years after the effective date of the amendatory act that added this section, an adjudication is set aside under this section without filing an application under section 18e of this chapter 2 years after…”
Filing order
- Open Mich. Comp. Laws § 780.622 and read the part on entry of order; effect; use of set aside conviction; "applicant" defined. Everything else in the filing has to fit that section.
- Ask the clerk which local form that Michigan county uses, then check the form against Mich. Comp. Laws § 780.622.
- Then read People v. Smith, 437 Mich. 293 (1991). That is a Michigan court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Michigan?
Read Mich. Comp. Laws § 780.622 when the issue is entry of order; effect; use of set aside conviction; "applicant" defined. The statute says: “(1) Upon the entry of an order under section 1 or 1e, or upon the automatic setting aside of a conviction under section 1g, the applicant, for purposes of the law, is considered not to have been previously convicted, except as provided in this section and section 3.”
How have Michigan courts ruled on expungement?
People v. Smith, 437 Mich. 293 (1991) The court held the record outside the statute. “Shortly thereafter, this Court amended the rule, effective September 29, 1978, to provide that if a person is convicted of a felony after reaching seventeen years of age, the person is not eligible for automatic expungement.”
Nothing on this page is a prediction of how a Michigan judge will rule. Mich. Comp. Laws § 780.622 is the text the petition has to satisfy.