Michigan marijuana expungement can take an old cannabis conviction out of public view, and there are two main routes. Misdemeanor convictions for marijuana possession, use or selling paraphernalia have their own set-aside process, and many other older convictions now clear automatically under the state's Clean Slate laws. Michigan's law calls it setting aside a conviction. Here's how each route works as of October 2026 and where to find free help. This is general information, not legal advice.
Why old marijuana records still matter after legalization
Michigan's adult-use law took effect on December 6, 2018, but it didn't erase earlier convictions. An old possession conviction stays on your public record until it's set aside, and it can surface in background checks for jobs and housing.
Federal rescheduling won't change that, because a Michigan court record is cleared through Michigan's own process. Our rescheduling explainer covers what federal changes do and don't do. For the wider story of past enforcement, see our look at cannabis social equity.
Michigan's marijuana set-aside for offenses that would be legal today
Michigan has a separate process for misdemeanor marijuana convictions that wouldn't be crimes today. It covers possession, use and selling marijuana paraphernalia, plus local ordinance violations that closely match them.
Filing creates a presumption that your conviction was for conduct that wouldn't be a crime on or after December 6, 2018. The prosecutor has 60 days after being served to file an answer challenging that. If none is filed, the court sets the conviction aside within 21 days.
If the prosecutor objects, the court holds a hearing within 30 days, and you don't have to present evidence. The prosecutor must show it's more likely than not that your conduct would still be a crime, and the judge rules within 14 days of the hearing.
A set-aside doesn't refund fines or costs. Felony marijuana convictions aren't covered by this process, though some may fit the general application route below.
Automatic expungement under Clean Slate: what it covers and when
Automatic set-asides under Clean Slate began on April 11, 2023. You don't file anything. Once the waiting period passes, eligible convictions in the Michigan State Police database are set aside by operation of law.
| Conviction | Waiting period | Lifetime limit |
|---|---|---|
| Misdemeanor punishable by 92 days or less | 7 years from sentencing | None |
| Misdemeanor punishable by 93 days or more | 7 years from sentencing | 4 |
| Felony | 10 years from sentencing or release from state prison, whichever is later | 2 |
Some convictions never clear automatically, including assaultive crimes, crimes of dishonesty and operating-while-intoxicated offenses. Unpaid fines and costs don't block the process. A court can, however, reinstate a conviction if you haven't made a good-faith effort to pay restitution.
You won't get a notice when it happens. To check, run a public ICHAT search through the Michigan State Police for $10; it shows public records only. A personal record review ($30 plus fingerprints) also shows nonpublic entries, or you can ask the court that convicted you.
Applying yourself: steps, forms, courts and costs
If a conviction didn't clear automatically, you may be able to apply. The court forms include instructions, and Michigan Legal Help's online interview can fill them out.
Misdemeanor marijuana convictions (form MC 227a)
- Get a certified copy of each conviction from the court clerk. The copies may carry a fee.
- File a separate application in each court where you were convicted. There's no filing fee.
- Mail a copy to the prosecutor's office and complete the certificate of mailing.
Other convictions (form MC 227)
- Check eligibility. Up to three felonies and any number of misdemeanors can be set aside, but no more than two assaultive crimes in a lifetime, and some offenses never qualify.
- Wait 3 years for most misdemeanors, 5 years for one felony or for serious misdemeanors, and 7 years for more than one felony. The clock starts at sentencing or at the end of probation, parole or prison, whichever is last, and you can't have new convictions or pending charges.
- Sign the application under oath before the court clerk or a notary, and get fingerprinted at a local police agency.
- Send the packet, the fingerprint card and a $50 check or money order to the Michigan State Police, and mail copies to the Attorney General and the prosecutor.
- At the hearing, the judge weighs your conduct since the conviction and the public welfare. A set-aside by application is a privilege, not a right.
What a set-aside does and does not do
A set-aside conviction becomes nonpublic, and for most legal purposes you're treated as never having been convicted. Most employers won't see it in a background check, and background check companies can't access it.
It isn't erased, though. The Michigan State Police keep a nonpublic record that courts, police, prosecutors and a few other agencies can use for limited purposes, such as sentencing in a later case. Restitution is still owed. Immigration authorities don't recognize expungements, and the process covers only Michigan convictions. Before you answer conviction questions on a job or license application, ask a lawyer or legal aid office how they apply to you.
Job barriers, second-chance hiring and your record
A record can trip up a job search even for a minor offense, so clear what you can first. Keep two separate issues in mind:
- Your record. Set-aside convictions stay out of most background checks, which can reopen doors a public record kept shut.
- Drug policies. Michigan employers can still enforce drug policies and refuse to hire over a violation, even though adult-use cannabis is legal.
Some businesses call themselves second-chance employers and actively recruit people with records, and legal aid groups and local workforce agencies can point you toward them. If a conviction remains on your record, a short, honest explanation of what's changed since then can help in an interview.
Free legal help and official resources
Much of the help is free:
- Michigan Legal Help explains the process and offers an online interview that prepares your forms.
- Legal aid may offer free legal services if you have a low income.
- Expungement fairs in many Michigan counties let you talk with a lawyer at no cost.
- Your convicting court provides certified copies of your records.
Groups that work on record clearing and cannabis policy appear in our guide to cannabis advocacy organizations.
Michigan marijuana expungement checklist
- Look up your record through ICHAT or a personal record review.
- List each conviction with its court, date and charge.
- Check whether any already cleared automatically.
- For misdemeanor marijuana convictions, file form MC 227a in each convicting court and mail a copy to the prosecutor.
- For other convictions, check the waiting period and limits, then use form MC 227.
- Keep copies of everything, and get free help if a prosecutor objects.
Today's possession and use limits are in our Michigan cannabis laws guide.
