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.

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. As of 2021, Michigan expanded its expungement laws through the 'Clean Slate' initiative, making it easier for individuals to have their records expunged. Generally, a person may be eligible for expungement if they have not been convicted of more than one felony and not more than two misdemeanors. There are waiting periods before applying for expungement, which vary depending on the severity of the offense: three years for misdemeanors, five years for serious misdemeanors or one felony, and seven years for multiple felonies. Certain crimes, such as life offenses, criminal sexual conduct, and traffic offenses involving DUI, are not eligible for expungement. Juvenile records may also be expunged under certain conditions. The process involves filing a petition with the court, and if granted, the record is set aside and is no longer accessible to the public, allowing the individual to legally state they have not been convicted of that crime. It's important to note that expungement does not destroy the record entirely; it is still available to law enforcement and other government agencies for certain purposes.