Many criminal offenses are eligible for expungement, including most traffic offenses and marijuana offenses. It is easiest to check whether any offenses are NOT eligible:

• Federal criminal offenses
• Felonies or attempted felonies with a maximum penalty of life imprisonment
• Felony domestic violence if you also have a conviction for misdemeanor domestic violence
• Child abuse offenses
• Most criminal sexual conduct offenses
• Operating a vehicle while intoxicated
• Traffic offenses causing injury or death
• Traffic offenses involving operation of a commercial vehicle

• MISDEMEANORS: in general, you can expunge an UNLIMITED number.
• FELONIES: in general, you can expunge up to 3 felonies in your lifetime. But there are a few exceptions:
  • You can only expunge up to 2 “assaultive crimes”* (either felonies or misdemeanors) in your lifetime.
  • If you have 2 convictions for the same felony offense that can be punished by more than 10 years in prison, you can only get one of those felonies expunged. The other conviction will stay on your public record.

Some good news: if you were convicted of multiple criminal offenses that happened during a 24-hour window, the law may treat those offenses as part of the “same transaction,” meaning you can count those offenses as only 1 offense. Similar exceptions apply though:

• An assaultive crime cannot be combined.
• A crime involving the use or possession of a dangerous weapon cannot be combined.

A crime that can be punished by 10 or more years in prison cannot be combined.

There is a mandatory waiting period that begins from the latest (most recent) date between:

• The date you were sentenced
• The date you completed probation
• The date you were discharged from parole
• The date you were released from incarceration
  • If you are looking to expunge only NON-SERIOUS MISDEMEANORS, you can apply after 3 years from the latest of those dates.
  • If you are looking to expunge any SERIOUS MISDEMEANORS* or 1 FELONY, you can apply after 5 years from the latest of those dates.
  • If you are looking to expunge more than 1 FELONY, you can apply after 7 years from the latest of those dates.

If you have certain misdemeanor marijuana convictions on your record, special rules may apply to your situation. These convictions are:

• Possession of marijuana under MCL 333.7403(2)(d)
• Use of marijuana under MCL 333.7404(2)(d)
• Marijuana paraphernalia under MCL 333.7543
• A local ordinance that is similar to the above

In other words, if you were convicted of a crime for doing something that is now lawful under the recreational marijuana laws that were passed on December 6, 2018, you can have those convictions taken off your public record.

There is NO waiting period on those convictions, and you can file as soon as the new laws go into effect on April 11, 2021.