Prior to June, 2011, a person only could have a crime expunged from their criminal record more than five years had passed since conviction of the offense or more than five years from imprisonment, whichever was greater, and if that person had not been convicted of any other crime. However, as of June 23, 2011, Michigan amended its expungement statute to allow for the setting aside of a criminal conviction even if a person has been convicted of two or less minor crimes in addition to the crime for which an application to set aside the conviction was submitted. A minor crime is defined as a crime that has possible maximum penalties of less than ninety-one days in jail and a fine that does not exceed one thousand dollars.
Despite this very important change, some crimes still cannot be expunged. They include: traffic offenses; crimes where the maximum possible sentence is life in prison; actual or attempted criminal sexual conduct in the first, second, or third degrees, or actual or attempted assault with the intent to commit felonious criminal sexual conduct. Furthermore, expungement remains discretionary to the sentencing judge. Therefore, even if the criteria for filing an expungement are met, a judge could deny the application for expungement.