Michigan Clean Slate 2020 — PA 187-193 Automatic Set-Aside

Informational, not legal advice. Statute citations and effective dates reflect research as of 2026-05-04. Always confirm with a licensed Michigan attorney before relying on any output.

Two regimes: automatic set-aside and petition-based

Michigan calls the remedy “set-aside” rather than sealing or expungement, but the practical effect is similar: the conviction record is hidden from public-facing background checks while law enforcement, courts, and certain professional licensing boards retain access.

The 2020 Clean Slate Acts created two parallel tracks:

Automatic set-aside — Michigan State Police identifies eligible records and processes set-aside without the petitioner doing anything. Implementation began April 11, 2023.
Petition-based set-aside — for offenses not eligible for automatic, or for petitioners who want set-aside before the automatic clock elapses.

Wait periods (automatic track)

Misdemeanors: 7 years from completion of all sentence requirements.
Felonies: 10 years from completion of all sentence requirements.

The clock runs from the latest of: release from custody, end of probation/parole, or final restitution payment. See the discovery-rule pillar for the full clock-start logic.

Lifetime caps

Even under automatic set-aside, Michigan caps the number of convictions that can be set aside in a lifetime:

Maximum 2 felonies set aside in a lifetime.
Maximum 4 misdemeanors set aside in a lifetime.

High-volume conviction histories will hit these caps and require an attorney to determine which records to prioritize.

Excluded from automatic

The 2020 Clean Slate Acts excluded several categories from automatic set-aside:

Operating While Intoxicated (DUI / OWI). First-offense OWI became petition-eligible under PA 78 of 2021 (effective Feb 19, 2022) — but not automatic. Still requires a court application.
Assaultive crimes. Categorical exclusion.
Human trafficking. Categorical exclusion.
Dishonesty offenses. Fraud, embezzlement, perjury, etc.
Offenses punishable by 10+ years or causing serious physical injury or death.
Sex offenses requiring registration. Categorical exclusion.

DUI: petition track post-2022

Michigan's 2021 Public Act 78 made first-offense OWI eligible for petition-based set-aside (effective February 19, 2022). It is NOT included in the automatic process. Petitioners must:

Wait 5 years from completion of sentence.
File an application in the convicting Circuit Court.
Pay a $50 fee to the Michigan State Police for a fingerprint/record search.
Serve the Attorney General and the prosecutor.
Attend a hearing where the judge has discretion to grant or deny.

How automatic processing works

Michigan State Police runs an automated identification process against the criminal history database on a periodic basis. Records that meet the eligibility criteria are flagged as set-aside. The court of conviction is notified. Public-facing background checks no longer return the record.

The implementation has had a backlog — initial processing in 2023 took several months. By 2025, MSP reports the queue is largely caught up, but new eligible records (records that hit the 7- or 10-year mark each month) cycle through monthly.

Common gotchas

OWI has a separate track.Many petitioners assume OWI is in the automatic process; it isn't. A petition under PA 78 is required, with the $50 MSP fee and service requirements.
Service of process on AG and prosecutoris the most common reason petition-based set-aside is denied. The Michigan State Bar's Clean Slate FAQ covers the specifics.
Lifetime caps still apply.Automatic set-aside doesn't reset the 2-felony / 4-misdemeanor ceiling; an attorney can help prioritize which records to clear if you're close to the cap.

Michigan Clean Slate 2020: PA 187-193.