When a person is charged with a crime or convicted of a crime, the information stays on the person’s criminal record and may be accessed by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Under limited circumstances a person with a criminal record of arrest or conviction may be able to have the criminal record expunged—meaning the record will be permanently destroyed or deleted so it is no longer accessible by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Such an expungement or expunction of a criminal record is different from having a record sealed—which means the record still exists, but access to it is limited. A person whose only criminal record has been expunged may truthfully answer “no” when asked on an employment, licensing, or other application whether the person has ever been convicted of a crime.

Under both state and federal law, in most cases it is not possible to have a person’s criminal conviction expunged. For example, under federal law only a person who is guilty of a minor drug offense under the Controlled Substances Act (21 U.S.C. §844) may have their record expunged. See 18 U.S.C. §3607(c).

Under state laws a person who has been convicted of a crime, pleaded guilty, or pleaded no contest (nolo contendere) is often ineligible to have their criminal record expunged. When a person is eligible to have a criminal record expunged, it is often dependent upon the person successfully completing a probation or deferred adjudication program. And in some states juveniles may be eligible to have a criminal record expunged if the criminal offense was committed before they turned 17 years of age, for example.

Expungement or expunction laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.

In Michigan, expungement is referred to as 'setting aside a conviction,' and it allows certain individuals with criminal records to have their records cleared under specific conditions. Michigan law has expanded eligibility for expungement through the 'Clean Slate' legislation, which took effect in April 2021. This legislation allows for automatic expungement of certain offenses after a period of time and expands the number and types of offenses that can be set aside by application. Generally, a person can apply to set aside a single felony or multiple felonies after waiting periods ranging from 3 to 7 years, depending on the severity of the offense, and up to two 'assaultive crime' convictions. Additionally, up to four misdemeanors can be set aside, with certain crimes like traffic offenses, crimes punishable by life imprisonment, and criminal sexual conduct offenses being ineligible for expungement. The process involves filing an application with the court, and the court has discretion in deciding whether to grant the expungement. If granted, the individual can legally state they have not been convicted of that crime, with some exceptions for law enforcement and other specific circumstances. It's important to consult with an attorney to understand the nuances of the law and to navigate the expungement process.