- 1). Review your conviction to ensure that you qualify for relief. Not all crimes can be set aside. For example, if you were convicted of a felony or an attempted felony, then you are not eligible under current law. You also are ineligible if you have had multiple convictions.
- 2). Wait five years from either when you were sentenced (if you did not serve time in prison) or released from prison. If you submit an application before you are eligible, the application will be denied. You will have to spend more money to submit a new application.
- 3). Obtain the appropriate court form, which currently is MC 227, Application to Set Aside Conviction. You can download the copy from the state's website and verify that you are using the correct form by contacting a local court.
- 4). Complete the application accurately. You must provide the case style from your conviction (e.g., State of Michigan versus). You must disclose when you were convicted, attach a certified record of the conviction ($10 flat fee plus $1 per page) and identify you were imprisoned. You must sign the application before a Michigan notary public.
- 5). Make at least six copies to be submitted to different agencies. The original application must be sent to the court. Also send copies to the defendant, prosecuting official, attorney general, state police (include completed fingerprint card), and an extra to the court to be stamped and returned to you. You must keep proof that you served the necessary parties, such as using a certified mail receipt.
- 6). Prepare for your hearing, which you will be notified of after the state police run your fingerprints through the FBI database. There are many parties who can contest or voice objections to your application, including the attorney general, prosecutor and victim, if applicable.
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