Expungement Petition - Michigan

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Michigan requires the use of the State Court Administrative Office (SCAO) form
MC 227 (Application to Set Aside Conviction(s)) to apply, and the court enters
its decision on form MC 228 (Order on Application to Set Aside Conviction(s)).
A complete set of fingerprints (SCAO form RI-008) must be submitted to the
Michigan State Police with a $50 processing fee (MCL 780.621d(9)). This template
provides the substantive legal content to help you prepare — but you must transfer
your content to the official forms before filing. The forms are available from the
Michigan Courts SCAO forms page at https://www.courts.michigan.gov/administration/scao-forms/.
Do not file this document directly with the court in place of the required forms.

PETITION AND PROPOSED ORDER TO SET ASIDE CONVICTION

(Michigan Application to Set Aside Conviction – MCL 780.621 et seq.)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions (Application)
4. Representations & Warranties of Applicant
5. Covenants & Continuing Obligations
6. Denial Standards (Court-Centric)
7. Governing Law & Forum
8. General Provisions
9. Execution Block: Verification, Signature, Notary
10. Proposed Order to Set Aside Conviction

1. DOCUMENT HEADER

IN THE [☐ CIRCUIT / ☐ DISTRICT] COURT FOR THE COUNTY OF [COUNTY],
STATE OF MICHIGAN

Case No.: _____________
Hon.: _________________

Effective Filing Date: [DATE]

2. DEFINITIONS

For purposes of this Application, the following capitalized terms have the meanings set forth below:

• "Act" means the Michigan set-aside-of-convictions statute, 1965 PA 213, MCL 780.621 et seq., as substantially restructured by the 2020 "Clean Slate" package (2020 PA 187–193).
• "Assaultive Crime" has the meaning given in MCL 780.621(4)(a) (which includes a violation described in MCL 770.9a). No more than two assaultive-crime convictions may be set aside in a lifetime (MCL 780.621(1)(b)).
• "Automatic Set-Aside" means record clearance effectuated by the Michigan State Police without an application under MCL 780.621g.
• "Conviction Record" means the certified record of each conviction to be set aside, required by MCL 780.621d(7)(b) and attached as Exhibit A.
• "Eligible Offense(s)" means those conviction(s) that may be set aside by application under MCL 780.621(1) (or under MCL 780.621e or 780.621(3)) and that are not barred from set-aside by MCL 780.621c.
• "Waiting Period" means the statutory period calculated under MCL 780.621d(1)–(3) before an application may be filed.

3. OPERATIVE PROVISIONS (APPLICATION)

3.1 Relief Requested. Pursuant to the Act, Applicant respectfully applies to this Court to enter the Proposed Order attached hereto, setting aside the Eligible Offense(s) listed in Section 3.3.

3.2 Jurisdiction & Venue. This application is filed with the convicting court as required by MCL 780.621(1), because each Eligible Offense was adjudicated in [COURT NAME], located in [COUNTY] County, Michigan.

3.3 Convictions Sought to Be Set Aside.
a. Case No. __________: [Offense Caption], [Statute/Ordinance Citation], [Felony/Misdemeanor], Date of Sentence ____________.
b. [Add additional sub-parts as necessary.]

3.4 Eligibility Allegations. Applicant affirmatively alleges that:
a. Waiting Period. More than the applicable [3 / 5 / 7] years under MCL 780.621d(1)–(3) have elapsed since the latest of (i) imposition of sentence, (ii) completion of any term of imprisonment, (iii) completion of probation, and (iv) discharge from parole, for each Eligible Offense.
b. Conviction Count. Applicant has not had more than three (3) felonies total set aside, nor more than two (2) assaultive crimes set aside in a lifetime, nor more than one (1) same-offense felony punishable by more than 10 years set aside, as limited by MCL 780.621(1)(a)–(c).
c. Pending Charges. No criminal charges are pending against Applicant (MCL 780.621d(4)(b)), and Applicant has not been convicted of any offense during the applicable Waiting Period (MCL 780.621d(4)(c)).
d. Disqualifying Offenses. None of the Eligible Offense(s) is a conviction barred from set-aside by MCL 780.621c (e.g., a life-maximum felony or attempt; CSC first, second, or third degree; or the other categories listed in that section).
e. Automatic Set-Aside. To the extent any Eligible Offense is or becomes subject to Automatic Set-Aside under MCL 780.621g, Applicant proceeds by application because relief has not yet been effectuated.

3.5 Notice & Service. Applicant has, per MCL 780.621d(8)–(10):
i. submitted a complete set of fingerprints (SCAO form RI-008) and a copy of this application to the Michigan State Police, accompanied by the $50 processing fee payable to the State of Michigan (MCL 780.621d(9)); and
ii. served a copy on the Attorney General of the State of Michigan and on the Prosecuting Attorney for [COUNTY] County, who must be given an opportunity to contest (MCL 780.621d(10)); and
iii. given any required notice to the victim under the William Van Regenmorter Crime Victim's Rights Act,

as evidenced by the Proof of Service attached as Exhibit B. The Court may not act on this application until the Michigan State Police reports the information required by MCL 780.621d(8).

3.6 Hearing. Applicant requests that the Court receive affidavits and proofs as it considers proper under MCL 780.621d(11) and determine, under MCL 780.621d(13), that setting aside the conviction(s) is consistent with the public welfare.

4. REPRESENTATIONS & WARRANTIES OF APPLICANT

4.1 Accuracy. Applicant represents that all statements herein and in attached exhibits are true and correct to the best of Applicant's knowledge, and that this application contains the information required by MCL 780.621d(7).

4.2 No Disqualifying Convictions. Applicant warrants that no conviction disqualifying relief under the Act has been entered during the applicable Waiting Period (MCL 780.621d(4)(c)).

4.3 Rehabilitation. Applicant's circumstances and behavior from the date of conviction to the filing of this application warrant setting aside the conviction(s) and are consistent with the public welfare (MCL 780.621d(13)), as further described in Exhibit C (Optional Personal Statement).

4.4 Survival. The representations and warranties set forth in this Section 4 survive submission of this Application until final disposition.

5. COVENANTS & CONTINUING OBLIGATIONS

5.1 Duty to Inform. Applicant shall promptly inform the Court and the Prosecuting Attorney of any change in circumstance that may affect eligibility prior to the hearing.

5.2 Compliance with Court Orders. Applicant covenants to comply with all conditions imposed by the Court in connection with this Application or any subsequent Order.

6. DENIAL STANDARDS (COURT-CENTRIC)

6.1 Grounds for Denial. The Court may not enter an order setting aside a conviction unless the applicable Waiting Period has elapsed, no criminal charges are pending, and Applicant has not been convicted of an offense during the Waiting Period (MCL 780.621d(4)), and unless the Court determines that setting aside the conviction(s) is consistent with the public welfare (MCL 780.621d(13)). Misrepresentation or a new disqualifying conviction may be grounds for denial.

6.2 Refiling After Denial. If this application is denied, Applicant may not file another application concerning the same conviction(s) until 3 years after the date of denial, unless the Court specifies an earlier date in its order (MCL 780.621d(5)).

6.3 Costs & Attorney Fees. Each party bears its own attorney fees absent a Court order. The $50 Michigan State Police processing fee (MCL 780.621d(9)) is not refundable.

7. GOVERNING LAW & FORUM

7.1 Governing Law. This Application and any resulting Order are governed by the laws of the State of Michigan, including the Act and the applicable Michigan Court Rules.

7.2 Forum Selection. Exclusive jurisdiction lies with the convicting court (MCL 780.621(1)); no arbitration is available.

7.3 Nonpublic Record. Upon entry of the Order, Applicant is, for purposes of the law, considered not to have been previously convicted, subject to the exceptions in MCL 780.622, and the Michigan State Police retains a nonpublic record of the set-aside under MCL 780.623.

8. GENERAL PROVISIONS

8.1 Amendments & Supplements. Applicant may amend or supplement this Application only by leave of Court.

8.2 Severability. If any provision herein is determined unenforceable, the remainder shall remain in full force to the extent permitted by law.

8.3 Integration. This document, together with all exhibits, constitutes the entire Application.

9. EXECUTION BLOCK

The application must be signed under oath (MCL 780.621d(7)). I declare that the foregoing is true and correct to the best of my knowledge, information, and belief.

Executed on [DATE] at [CITY], Michigan.

____________________________
[APPLICANT NAME]
Applicant, Pro Se / By Counsel*

*If by counsel:
____________________________
[ATTORNEY NAME] (P-_____)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

State of Michigan )
County of __________ ) ss.

Subscribed and sworn before me on [DATE] by [APPLICANT NAME].

____________________________
Notary Public, State of Michigan, County of __________
My commission expires: ____________

10. PROPOSED ORDER TO SET ASIDE CONVICTION

[Caption identical to Application]

The Court, having reviewed the Application, exhibits, the report of the Michigan State Police, and any response of the Attorney General or Prosecuting Attorney, and having received such proofs as it considers proper under MCL 780.621d(11), FINDS:

1. The applicable Waiting Period has elapsed, no criminal charges are pending, and Applicant has not been convicted of an offense during the Waiting Period (MCL 780.621d(4)).
2. The conviction(s) are eligible to be set aside under the Act and are not barred by MCL 780.621c.
3. Setting aside the conviction(s) is consistent with the public welfare (MCL 780.621d(13)).

THEREFORE, IT IS ORDERED that:

A. The conviction(s) identified in Section 3.3 are SET ASIDE, and Applicant is, for purposes of the law, considered not to have been previously convicted, subject to the exceptions in MCL 780.622.
B. The Michigan State Police shall retain a nonpublic record of this Order as required by MCL 780.623(2), which is exempt from disclosure under the Freedom of Information Act (MCL 780.623(4)).
C. The Michigan State Police, the arresting agency, and all relevant agencies shall take all actions necessary to comply with this Order.
D. Pursuant to MCL 780.623(1), the Court shall send a copy of this Order to the arresting agency and to the Michigan State Police.
E. No costs are assessed / Costs in the amount of $_____ are assessed against Applicant.

IT IS SO ORDERED.

Dated: ____________ __________________________________
Hon. ___________________________
[JUDGE NAME], [Court]

Sources and References

• MCL 780.621 — Application; eligibility; caps; definitions: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-780-621
• MCL 780.621b — "One bad night": https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-780-621b
• MCL 780.621c — Convictions that may not be set aside: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-780-621c
• MCL 780.621d — Waiting periods; procedure; service; hearing: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-780-621d
• MCL 780.621g — Automatic set aside ("Clean Slate"): https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-780-621g
• MCL 780.622 — Effect of set aside: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-780-622
• MCL 780.623 — Transmittal of order; nonpublic record: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-780-623
• Michigan Courts SCAO forms (MC 227, MC 228, RI-008): https://www.courts.michigan.gov/administration/scao-forms/
• Michigan State Police — Clean Slate / Conviction Set Aside: https://www.michigan.gov/msp/services/chr/conviction-set-aside-public-information/michigan-clean-slate

END OF TEMPLATE