Michigan Drug Offense Expungement Attorneys
Last updated: May 2026
Michigan handles drug expungement through Clean Slate plus marijuana-specific statutes added after the state legalized recreational use. Older marijuana possession convictions in particular have a fast-track path.
Who qualifies for drug charge expungement in Michigan?
Marijuana convictions for activity now legal under Michigan law have a streamlined set-aside path under MCL 780.621e. The waiting period is shorter and the court must grant the petition unless the prosecutor proves the conduct would not have been legal under current law.
Other drug convictions follow the Clean Slate framework: 7 years for misdemeanors, 10 years for felonies, with offense exclusions and limits on multiple felony convictions.
How does the process work?
The lawyer identifies whether the conviction qualifies for the marijuana set-aside or the standard Clean Slate path. Petition filed in the court of conviction with the appropriate fee. Notice goes to the State Police and prosecutor. A hearing is held unless the marijuana set-aside applies (those are often decided on paper).
How long does it take?
Marijuana set-aside cases: often 3 to 6 months. Standard drug expungement: 6 to 12 months.
How much does it cost?
Court fee $50. Attorney fees depend on the attorney, the complexity of your case, and any related charges — ask any lawyer you contact for a written quote before you hire them. Attorney fees for this path vary by case and attorney — ask for a written quote.
Frequently asked questions
My old marijuana case is for an amount that would be legal today. Can I just file?
Yes — that is exactly the situation the marijuana set-aside statute was designed for. The lawyer can confirm the amounts and conduct match what is now legal.
What about delivery or sale charges?
Marijuana delivery and sale convictions follow stricter rules. Some may qualify for the marijuana set-aside if the conduct would now be legal; others require the standard Clean Slate path.
Does Clean Slate cover federal drug convictions?
No. Michigan expungement only addresses state convictions. Federal convictions require federal relief.
I am still on probation. Can I file?
Generally no. The waiting period starts after completion of the sentence. Some probation discharge processes can be sped up; the lawyer can review whether that applies.
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