Non-serious misdemeanors are minor criminal offenses that typically result in less severe penalties, such as fines or short-term imprisonment, and do not significantly impact an individual’s criminal record.

Number Allowed: Unlimited non-serious misdemeanor convictions can be expunged.

Waiting Period: You must wait at 3 years AFTER completing your sentence, probation, or parole to be eligible for expungement.

Serious misdemeanors are criminal offenses that are more severe than petty misdemeanors but less severe than felonies. Examples of offenses in this category include: DUI/OWIs, Domestic Violence, Possession of Controlled Substances, Public Intoxication, Assault, and Resisting Arrest.

Number Allowed: ONE serious misdemeanor or ONE felony can be expunged.

Waiting Period: At least five years after completing your sentence.

A full list of Michigan Serious Misdemeanors.

Note: While Operating While Intoxicated (OWI) is not listed as a serious misdemeanor under the Crime Victim Rights Act, it does still also require a five-year waiting period for expungement eligibility.

Number Allowed: Up to three felony convictions across different crimes may be expunged.

Waiting Period: Seven years after completing your sentence.

Limitations:

1. You cannot expunge four or more felonies.
2. Certain felonies, including those punishable by life, are ineligible.
3. Only one felony carrying a maximum penalty of 10 or more years may be expunged.

Under Michigan’s “One Bad Night” law, some offenses that occur within a 24-hour period may qualify as a single felony or misdemeanor for expungement purposes. However, restrictions apply:

The offenses cannot involve assault, weapons, or crimes punishable by over ten years in prison.

Keep in mind that the waiting periods (i.e. 3, 5, or 7 years) for eligibility ONLY begin after the most recent of these three events:

1. Date of conviction.
2. Completion of probation.
3. End of parole or release from imprisonment.

This provision simplifies the eligibility criteria for individuals who committed closely related, non-violent offenses within a short period.

You can set aside no more than two assaultive misdemeanors, and any assaultive convictions dismissed or sealed under specific Michigan laws—including HYTA (Holmes Youthful Trainee Act) or MCL 769.4a—count toward this limit. Similarly, felonies sealed or dismissed under laws like HYTA, 7411 (deferred judgment for drug offenses), or 771.1 will count toward your maximum of three expungeable felonies.

Additional Resource: “Learn how the Michigan HYTA Act Can Clear Your Criminal Record”

Convictions involving operating while intoxicated (OWI) or under the influence of drugs or alcohol.

This encompasses offenses such as domestic violence, child abuse, and related charges.

Any offense punishable by a maximum sentence of 10 or more years imprisonment.

Breaking and entering or related property crimes.

This includes larceny, retail fraud, theft, and shoplifting.

A felony that involves or results in harm to a minor, vulnerable adult, serious injury, impairment, or death.

Any crime involving the exploitation of a person for labor, services, or commercial sex.

These are specifically listed under the Michigan Crime Victim Rights Act.

Violations of laws and regulations that control deadly weapons, such as firearms, ammunition, silencers, and explosives. Some examples of firearm offenses include: Carrying a firearm with criminal intent, firearm trafficking, illegal possession of a firearm, and felon in possession of a firearm.