Can a Sex Crime Conviction Be Erased in Michigan?
With only one very limited exception, sex crime convictions in Michigan cannot be expunged. This means that if you are convicted of a sex crime, it will remain on your record permanently, impacting your employment, housing, and reputation for life. Because expungement is not available, the most important step you can take is hiring a skilled Michigan criminal defense attorney with proven experience in sex crime defense to fight the charges before a conviction occurs.
What Is Expungement in Michigan?
Expungement is the legal process of removing a criminal conviction from your record so it no longer appears in background checks. While Michigan’s Clean Slate laws allow many criminal convictions to be expunged, sex crimes are treated differently. With very few exceptions, convictions for sex offenses — including those involving minors, internet-related sex crimes, and human trafficking — remain on your record permanently. Landlords, employers, and licensing boards will almost always see these convictions in a background check, underscoring why an aggressive defense is critical from the very beginning.
Can Other Crimes Be Expunged in Michigan?
Yes. Under Michigan’s Clean Slate laws, certain other offenses — including first-time OWI (Operating While Intoxicated) and some traffic offenses — may be eligible for expungement. Some are even automatically cleared. However, if your petition is denied, you must usually wait three years before applying again. Having a Michigan expungement attorney guide the process gives you the best chance of success.
How Michigan Categorizes Sex Crimes
Michigan law divides sex crimes into degrees of Criminal Sexual Conduct (CSC):
- First Degree CSC – Sexual penetration with a child under 13, or with a child between 13–15 in specific circumstances (family member, position of authority, or use of force), or where injury results from coercion or violence.
- Second Degree CSC – Sexual contact with a child under 13, a child under 16 in certain circumstances, or a vulnerable adult, often involving coercion or force.
- Third Degree CSC – Often referred to as statutory rape, this felony involves sexual penetration with a minor and carries up to 15 years in prison.
- Fourth Degree CSC – Involves unwanted sexual contact over or underclothing, punishable by up to 2 years in prison and fines.
Are Any Sex Crimes Eligible for Expungement in Michigan?
The only sex crime that may be expunged is a fourth-degree CSC conviction entered before January 12, 2015, and only if:
- You have no other convictions, or
- You have no more than two “minor” convictions (offenses committed before age 21, punishable by no more than 90 days in jail and a $1,000 fine).
All other sex crimes — including first, second, and third-degree CSC, and any fourth-degree CSC convictions after January 12, 2015 — are not eligible for expungement and will remain permanently on your criminal record.
Protect Your Future: Contact a Michigan Sex Crimes Attorney Today
Because sex crime convictions in Michigan cannot be erased, your defense strategy at the start of the case is critical. At Kirsch Daskas Law Group, PLLC, we understand how devastating sex crime charges can be to your life, your reputation, and your future opportunities. Our experienced attorneys fight aggressively to help you avoid a conviction in the first place.
Call today for a free consultation with a skilled Michigan criminal defense lawyer who will stand by your side and protect your future.
