Michigan Misdemeanors

A misdemeanor is a criminal offense less serious than a felony and more serious than a civil infraction. Michigan also recognizes “high-court misdemeanors” punishable by up to 2 years in county jails and prosecuted much like felonies. Because each state handles this differently, this guide explains how Michigan defines and handles misdemeanors.

What Is a Misdemeanor in Michigan?

Under Michigan law, a misdemeanor generally means an offense punishable by not more than one year (in a local jail) or by a fine. However, many crimes specify lower ceilings, such as 93 days. By contrast, felonies are punishable by more than one year and are tried in Circuit Court after preliminary proceedings. A distinct Michigan category (often called a “high-court misdemeanor” or “two-year misdemeanor”) carries a maximum penalty of two years. It is handled in Circuit Court like a felony for many procedural purposes.

Common examples of misdemeanors in Michigan are listed below:

• Lower-level theft
• Disorderly person or disorderly conduct
• Simple assault
• Domestic assault (first offense)
• OWI/OWVI (first offense impaired driving)

Misdemeanor Classes and Penalties in Michigan

Michigan does not classify misdemeanors into lettered classes. Instead, offenses are defined by the maximum authorized punishment. Most Michigan misdemeanors carry penalties from a specific offense statute or, if absent, from the general misdemeanor penalty, such as:

• 93-day misdemeanors. Many traffic-related and low-level offenses (such as a first-time OWI/OWVI or a disorderly person) cap at 93 days of jail time and have fines set by statute.
• One-year misdemeanors. Some crimes (such as aggravated assault, certain domestic-violence variants, and second OWI within 7 years) may receive up to one year in jail.
• High-court misdemeanors. Punishable by up to two years in jail. These matters are prosecuted in Circuit Court and treated procedurally like felonies.
• The default rule if no penalty is stated. If a law labels an offense a misdemeanor but does not set a penalty, the default penalties include a maximum of 90 days in jail, a $500 fine, or both.

In addition to jail and fines, judges may impose additional sentences on the defendant. They include probation, restitution, treatment or education programs, community service, ignition interlock, or license sanctions for OWI.

Misdemeanor Court Process in Michigan

Michigan’s trial courts are District Courts (and a few Municipal Courts) and Circuit Courts. District Courts handle all civil infractions, misdemeanors, and preliminary hearings of felony cases. The typical sequence for a court process dealing with a misdemeanor case begins with:

1. Arrest or citation/summons. Many offenses begin with a ticket or a public complaint. The law enforcement officers may also make an arrest.
2. Arraignment in District Court: The charges and rights of the defendant are read to them. The court may assign counsel to the defendant.
3. Pre-trial: The prosecutor and the defendant’s counsel try to reach an agreement. Some counties offer diversion or problem-solving courts depending on the charge and history.
4. Trial: A defendant may demand a jury or bench trial in the District Court; high-court misdemeanors proceed in Circuit Court. The judge will receive the verdict from the jury (if available) and decide the case from the bench.
5. Sentencing: The judge sentences the defendant within the statute’s range and may order additional penalties, including probation, treatment, restitution, or community service.

Misdemeanor Records in Major Michigan Cities

Some large courts maintain their own portals for schedules, balances, ticket resolution, and court records. A typical court record includes party names, case number, charges with statute, register of actions, disposition, sentence terms (jail/probation/fines), and financial balances. Individuals may view misdemeanor records at:

• Detroit. The 36th District Court handles misdemeanors. The court allows the public to look up a case/balance.
• Grand Rapids (Kent County). Individuals may use the 61st District Court website for record search and the Kent County site for county-wide court-record links. The court confirms it handles misdemeanor criminal cases arising within the city limits.
• Lansing. The 54-A District Court allows individuals to access online court records in the city. The court provides an onlinepayment platform as well.

How to Search for Misdemeanor Records in Michigan

While court records are accessible to the public, certain sensitive or sealed case details are restricted. Michigan provides a centralized public index covering many District and Circuit Courts. The misdemeanor records are available to the public via the following channels;

• Court Portal. Individuals may search for court records through the Michigan Judicial Branch’s MiCourt Case Search Portal. They may search the portal by name or case number and filter by court and case type. Note that coverage varies by court, and some older matters may not be available online. Some counties also provide a local portal where individuals can view court records.
• Michigan State Police (MSP). Individuals may visit the ICHAT Portal to request criminal history records. The search costs $10 and may require the individual's full name, date of birth, and gender.
• Clerk’s Office. Some Michigan court records are not available online. Individuals may visit or call the District Court clerk (or Circuit Court clerk for high-court misdemeanors) in the county of filing. They may obtain the Register of Actions and any certified copies in person or by mail.
• Public Terminal. Many courts offer public terminals for individuals to search court records at the courthouse. Obtaining official copies of records may require the payment of a fee.

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

A misdemeanor record may remain on an individual’s criminal record. However, Michigan’s Clean Slate laws provide two paths to relief: automatic “set-aside” (expungement) for eligible convictions after a waiting period, and application-based set-asides with offense-specific waiting periods.

• Automatic set-asides. All eligible misdemeanors (whether ≤92-day or ≥93-day) are automatically set aside 7 years after the sentence, with caps on how many can be cleared automatically (no limit for ≤92-day misdemeanors in court systems; up to 4 for ≥93-day misdemeanors). Automatic relief is processed by MSP and the courts’ systems.
• Application-based set-asides (petition to the court).
  • For non-serious misdemeanors, individuals may apply after three years from completing their sentence, jail/prison release, or probation/parole.
  • For serious misdemeanors, individuals may apply after five years.

Automatic set-asides do not require an application, whereas individuals must petition the court for earlier relief. When a conviction is set aside, it is removed from public view in most court and criminal-history searches, but law enforcement and courts retain access.