Felony, Infractions, And Misdemeanors in Michigan

The Michigan Justice System groups illegal acts into three broad categories based on the severity of the offense:

• Felonies
• Misdemeanors
• Civil infractions.

A felony is the most serious category, carrying the possibility of long-term imprisonment. A misdemeanor is less serious, typically punishable by fines or short-term incarceration; in contrast, a civil infraction is considered a minor offense. These categories are distinguished by the penalties outlined in the Michigan Penal Code. Summarily, Michigan state crimes are tried based on the classification described above. In addition to record classifications, Michigan’s statutes of limitations set the time frame within which prosecutors can file a case in the state.

What is a Felony in Michigan?

In Michigan, a felony is a criminal offense that carries a potential prison sentence ranging from a minimum of two years to life, depending on the seriousness of the crime. Michigan abolished the death penalty in 1846, making it the first state to do so for all crimes except treason. The 1963 Constitution, Article IV, Section 46, reaffirmed this ban, ensuring capital punishment could not be reinstated.

Felonies represent the most serious crimes in Michigan, but not all carry the same level of severity. The seriousness of the offense determines the length of imprisonment. To reflect these differences, the Michigan Legislature categorizes felonies into eight classes (Class A–H), ranked by severity. The classes and their corresponding crimes are outlined below:

• Class A Felony - Attack with a harmful weapon with intent to rob, first and second-degree murder, abduction, and rape or any other criminal sexual act in the first degree.
• Class B Felony - Second-degree child abuse and assault, second-degree arson, and production of child pornography.
• Class C Felony - Human trafficking that involves assault and injury, manslaughter, and robbery.
• Class D Felony - Embezzlement of property valued at $20,000 or more, larceny of property valued at $20,000 or more, and human trafficking.
• Class E Felony - Third-degree home invasion, first-degree retail fraud (shoplifting), and possession of a firearm or harmful weapons with criminal intent.
• Class F Felony -Unlawful entry, possession of 50–450 grams of cocaine, negligent homicide with a vehicle, and larceny in a building.
• Class G Felony – Includes offenses such as domestic assault (for a second or subsequent conviction), writing a bad check for more than $500, and lobbyists providing gifts.
• Class H Felony – Covers crimes such as using a stolen state ID card to commit a felony and making false representations.

Class A felonies represent the most serious offenses in Michigan, carrying penalties of up to life imprisonment. Class H felonies are the least severe, with offenders facing up to two years in jail or alternative sentences such as therapy, fines, probation, or electronic monitoring. Sentences for all classes are determined according to the Michigan Sentencing Guidelines.

A defendant’s sentence can also be influenced by factors such as the seriousness of the crime, prior criminal record, and any mental health conditions verified by a licensed medical professional. For instance, a defendant with a certified mental health condition may receive a reduced jail term. Sentences may also include fines, probation, or other penalties.

What are some examples of felonies in Michigan?

Michigan categorizes felonies into eight classes (A–H), arranged by severity. Examples include:

• Kidnapping
• First and second-degree murder
• Sexual assault
• Child abuse
• Robbery
• Arson
• Production of child pornography
• Assault with a harmful weapon
• Fraud crimes
• Domestic assault
• Home invasion
• Shoplifting
• Unauthorized loan and credit application
• Delivery or manufacturing of marijuana
• Forgery.

Can I get a Felony Removed from a Court Record in Michigan?

Yes, in many cases, an adult felony conviction can be removed from court records under MCL 780.621. Eligibility for expungement depends on several rules and the nature of the offense. According to Michigan’s Clean Slate Laws, the main limitations include:

• Individuals may apply to have no more than three felony convictions set aside (expunged)
• Felonies carrying a maximum possible penalty of life imprisonment cannot be expunged, even if the person was not sentenced to life imprisonment
• Some felonies are ineligible for expungement, either through automatic procedures or by application. Examples include:
  • Crimes involving criminal sexual conduct notably serious offenses against minors.
  • First- or second-degree child abuse under specific statutory provisions.
  • Offenses involving dangerous weapons are under certain circumstances.
• A waiting period is required after completing a sentence, and the length depends on the number and type of felony convictions:
  • One felony conviction: 5 years after sentencing, release, or completion of parole.
  • Multiple felony convictions: 7 years after the latest sentence or release.
  • Automatic expungement of felonies: 10 years from the most recent sentencing, release, or parole.

Additionally, applicants should have no pending criminal charges or outstanding warrants and should have paid all required court fees, fines, and restitution. Once eligibility is confirmed, the next steps are:

• Request a certified record of the conviction from the clerk of the court where the conviction took place.
• Complete the official Application to Set Aside Conviction Form
• Fill out the Michigan Applicant Fingerprint card, after which a fingerprint registration will be done at any local law enforcement agency.
• Apply for notarization by a notary or a court clerk. It is also necessary to take a passport photograph for identification.
• Make four copies of the certified record of conviction and notarised application.
• Apply to the court where the conviction took place. It may either be mailed or filed in person.
• Mail the fingerprint card, certified conviction, and a copy of the application to the Michigan State Police, Attorney General, and prosecutor.
• On the day of the hearing, be punctual and dress appropriately to create a positive impression.

If the petition is approved, the court may dismiss the charges against the defendant. Note that some parts of the process may require payment of small fees.

Is expungement the same as sealing court records in Michigan?

In Michigan, expungement is distinct from sealing court records. The terms ‘expungement’ and ‘setting aside’ are often used interchangeably to describe the same process for adult convictions. In practice, the effect of setting aside a conviction is closer to sealing than to true expungement, which typically means destroying all records.

In Michigan, the court sets aside a conviction by removing it from the public criminal record. This action prevents most employers, landlords, and the general public from seeing it in background checks, although law enforcement and the courts keep a non-public record for limited use.

Sealing or restricting public access mainly applies to juvenile cases or non-criminal matters, where the court may seal juvenile records or specific documents within a case file. In contrast, Michigan uses the process of ‘set aside’ (commonly known as expungement) to remove adult felony convictions from public records, while reserving ‘sealing’ for juvenile and non-criminal court records.

How Long Does a Felony Stay on Your Record in Michigan?

In Michigan, a felony conviction stays on a record permanently unless it is formally set aside (expunged). The state’s ‘Clean Slate’ laws allow certain convictions to be cleared from public view after specific timeframes:

• Automatic Expungement: Eligible felony convictions are automatically removed 10 years after the most recent sentencing, release, or parole, with a limit of two felony convictions per person.
• Application-Based Expungement: Individuals may petition the court once the waiting period has passed
  • 5 years for a single felony after sentencing, release, or parole completion.
  • 7 years for multiple felonies after the latest sentence or release.

What are Misdemeanors in Michigan?

In Michigan, misdemeanors are criminal offenses considered less serious than felonies but more serious than civil infractions. They are enforced by the local and state police and are processed in the district court. A misdemeanor conviction can result in up to one year in jail, or up to two years for high court misdemeanors, along with fines or other penalties the court finds appropriate. Generally, misdemeanors are differentiated from felonies based on the following factors:

• The extent of harm or injury inflicted on another person
• The value of the property stolen
• The quantity of drugs in a person’s possession and any evidence of intent to distribute.

The seriousness of the misdemeanor offense determines the severity of the punishment imposed. The state of Michigan classifies misdemeanors into three main categories, listed in order of severity:

• High court misdemeanors: Prosecuted similarly to felonies and punishable by up to 2 years in prison
• One-year misdemeanors: Carry a maximum penalty of up to 1 year in jail
• 93-day misdemeanors: Carry a maximum penalty of up to 93 days in prison.

According to Michigan courts, misdemeanor cases can involve both traffic and non-traffic offenses. These cases typically begin when a law enforcement officer issues a Uniform Law Citation (ticket), stating that a person violated either a local ordinance or a state law where the penalty carries a jail sentence of 93 days or less. In such situations, law enforcement does not need a warrant to make an arrest.

What are Examples of Misdemeanors in Michigan?

In Michigan, misdemeanors are classified into three categories: those punishable by up to 93 days in jail, those punishable by up to one year in jail, and high court misdemeanors. Examples of 93-day misdemeanors include:

• Retail fraud (shoplifting) under $200
• First-offense drunk driving (OWI)
• Disorderly conduct
• Simple assault and battery
• Driving with a suspended license (first offense).

Examples of misdemeanors punishable by up to one year in jail include:

• Retail fraud between $200 and $1,000
• Domestic violence (second offense)
• Driving with a suspended license (repeat offense)
• Stalking (basic offense)
• Larceny of property valued between $200 and $1,000.

Examples of high court misdemeanors include:

• Resisting or obstructing a police officer
• Negligent homicide with a vehicle
• Aggravated domestic violence
• Certain firearm violations
• Larceny in a building.

Other misdemeanor cases fall into two categories: traffic-related and non-traffic offenses. Examples of these include:

• Prostitution
• Trespassing
• Reckless driving
• First or second drunk driving offenses.

Can I Get a Misdemeanor Removed from a Record in Michigan?

Yes, many misdemeanors in Michigan can be set aside (expunged) under the Clean Slate laws, either through automatic or application-based processes, provided the offense qualifies and the required waiting period has passed. Certain misdemeanors are automatically expunged seven years after the completion of the sentence, provided no new offenses have been committed. For application-based expungement, individuals may petition the court to clear misdemeanor convictions if they have satisfied the applicable waiting period:

• 3 years for non-serious, non-assaultive misdemeanors.
• 5 years for serious misdemeanors or a single first-offense Operating While Intoxicated (OWI).

However, some offenses are excluded from expungement, such as:

• Serious traffic offenses, for example, a second or third OWI, or cases involving injury or death
• Sex-related offenses
• Certain assaultive crimes.

Can a DUI Record Be Expunged in Michigan?

Yes. A DUI, referred to as Operating While Intoxicated (OWI) in Michigan, can be expunged under the state’s Clean Slate law. However, this process is not automatic and is subject to strict limitations:

• Only one OWI conviction can be expunged in a lifetime; having multiple OWI convictions makes a person ineligible
• Commercial vehicle-related OWI (for CDL holders) cannot be expunged
• The individual becomes eligible to apply 5 years after sentencing, completion of probation, or release from jail/prison
• The OWI must not involve injury or death
• Expungement is available only through application (petition), not through automatic expungement
• The judge may consider whether the indy has completed rehabilitation or educational programs since the conviction.

In summary, an individual with a single first-time DUI can apply for expungement after the waiting period, but multiple or aggravated DUI convictions are not eligible.

What is a Civil Infraction in Michigan?

In Michigan, a civil infraction is a non-criminal violation punishable by fines, court costs, or license points, but not jail time. Police officers enforce these violations, and the courts decide the outcome. An officer determines when a breach occurs and distinguishes a civil infraction from a crime. Once the officer identifies an infraction, hey initiate legal proceedings by issuing the offender a citation, commonly referred to as a ticket.

In Michigan, the law does not treat individuals who commit civil infractions as criminally guilty, and courts rarely impose jail sentences for these violations. Courts also deny them most constitutional protections available to criminal defendants. For instance, they cannot receive a court-appointed attorney, claim the Fifth Amendment right to remain silent, or demand a jury trial under the Sixth Amendment. Instead, the court imposes penalties such as fines based on the type of violation, and in some cases, community service under the Michigan Vehicle Code: MCL 257.907. Unlike criminal cases, courts do not impose imprisonment or probation for civil infractions.

What constitutes a Civil Infraction in Michigan

Civil Infractions are mostly statutory infringements that are of less gravity than misdemeanors or felonies; as such, they attract the least severe penalties. According to the MCL 600.113, they are mostly minor violations of the law that attract fines or community service, rather than criminal prosecution. When a civil infraction offender is charged in court, he may answer the complainant in any of these three ways:

• Deny responsibility and request a formal hearing with lawyers to dispute the allegation.
• Deny responsibility and request an informal hearing without lawyers.
• Admit responsibility for the violation and pay a fine.

In Michigan, civil infraction hearings are generally handled in the district court that has jurisdiction over where the violation occurred. In rare cases, if a city still operates a municipal court, that court may also hear the case. Unlike criminal offenses, most civil infractions allow a finding of responsibility even if the violation was unintentional, meaning the court does not examine the offender’s state of mind. A civil infraction usually involves:

• Minor traffic offenses, such as speeding and running a red light
• Local ordinance violations, including noise disturbances and littering
• Legal violations where the penalty is a fine or fee rather than jail time.

What are some examples of Infractions in Michigan?

Civil infractions are categorized into two groups: traffic and non-traffic civil infractions. Common examples of traffic civil infractions include:

• Speeding
• Defective equipment
• Careless driving
• Disobeying a traffic control device
• Failure to wear a safety belt
• Failure to yield the right of way
• Making an illegal U-turn
• Operating a vehicle over the allowed weight limit
• Driving without proof of insurance
• Illegal parking.

Common examples of non-traffic civil infractions include:

• Noise pollution
• Littering
• Drinking in public
• Walking a dog without a leash
• Failure to carry or display a concealed-weapons permit while carrying the concealed weapon (MCL 28.425f(5))
• Attempting to consume alcohol under the age of 21 (MCL 436.1703)
• Disobeying state land-use rules
• Boat violations
• Violations of building codes and permits
• Fishing without a license.

Can Civil Infractions be Expunged from a Michigan Criminal Court Record?

No. Civil infractions are not criminal convictions, so Michigan’s statutory expungement law (MCL 780.621) applies only to felonies and misdemeanors. The law, specifically Michigan Court Rule 4.101- Civil Infraction Actions, provides opportunities to mitigate or relieve the impact of a civil infraction. In certain cases, the court may dismiss the infraction or find the individual “not responsible”, either before or after fines are paid, depending on the ordinance or circumstances. For example, under MCR 4.101(C)(2), if the citing officer fails to appear at a scheduled informal hearing, the court is obligated to dismiss the case.

A dismissal revokes the prior finding of responsibility, releases the individual from all charges, and prevents the infraction from appearing on their public record. This allows the person to legally state that they have not been convicted of the offense when applying for most jobs, though government positions may still require full disclosure.

What is Deferred Adjudication in Michigan?

Michigan does not use the term ‘Deferred Adjudication,’ but it has deferred sentencing and dismissal programs that allow offenders avoid a lasting conviction. Examples include:

• MCL 333.7411- first-time drug possession offenses
• MCL 769.4a - first-offense domestic violence or assault (under specific conditions)
• MCL 436.1703 - first-time Minor in Possession (MIP) of alcohol
• Holmes Youthful Trainee Act (HYTA, MCL 762.11) - for an eligible young offender.

Michigan, deferred outcome laws permit eligible first-time offenders to plead guilty without a final conviction, placing them on probation rather than receiving a criminal judgment. If the defendant completes all deferral conditions, the case is dismissed with no conviction; if they fail, the court enters the conviction and sentences them. The purpose is to allow eligible defendants to avoid a permanent conviction if they successfully meet the court’s conditions.

General eligibility rules and limitations for deferred sentencing in Michigan:

• Serious offenses, prior convictions, or aggravating factors can make a person ineligible.
• Defendants must consent to the terms of the deferral.
• Many deferral statutes allow a one-time use only, permitting just one discharge and dismissal.
• If the defendant fails to meet probation or other conditions, the court can enter a conviction and impose a sentence as if no deferral had been granted.
• Age limits apply (e.g., HYTA: 17-23, extendable to 26 with prosecutor approval).
• Prosecutor approval or a judge’s discretion may be required.
• Only specific offenses qualify (e.g., first-time drug, domestic violence, youthful offenses).

Michigan also offers alternatives to deferred adjudication, such as delayed sentencing under MCL 771.1 (probation with possible charge reduction or dismissal) and problem-solving courts (like drug or veterans courts) where dismissal depends on successful program completion.

Types of Crimes Eligible for Deferred Adjudication in Michigan

In Michigan, eligibility for deferred adjudication, commonly referred to as “deferral programs”, depends on the statute and the nature of the offense. Most misdemeanors and many non-violent felonies may qualify, while crimes such as murder, serious sexual offenses, life offenses, and many violent felonies are excluded.

Types of Crimes Eligible for Deferred Adjudication in Michigan include:

• First-time drug or controlled substance possession offenses (MCL 333.7411)
• First-time domestic violence or assault charges (MCL 769.4a)
• Youthful offenses, covering a wide range of crimes, except serious felonies, life offenses, or major sex crimes (HYTA, MCL 762.11)
• Certain first-time, non-violent offenses (at the discretion of the judge).