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Yes! You can use AI to fill out Form MC 228, Order on Application to Set Aside Conviction(s)

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Form MC 228, Order on Application to Set Aside Conviction(s), page 1
Basic · 41/100Form Complexity Index

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What this form asks for

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Form MC 228 is a judicial document from the State of Michigan that formalizes a court's decision on an application to expunge one or more criminal convictions. It details the court's findings regarding the applicant's eligibility and records the final order, either granting or denying the request to set aside the conviction(s). Today, this form can be filled out quickly and accurately using AI-powered services like Instafill.ai, which can also convert non-fillable PDF versions into interactive fillable forms.
Fillable fields73
Pages3
Form Complexity IndexBasic, 41/100

The AI checks your answers before you download

14 checks built for this form, so a wrong date or a missing answer is caught before anyone else sees it.

Case Number Consistency Across Pages

This check ensures that the 'CASE NO.' field is populated on all pages of the form and that the value is identical on each page. Maintaining a consistent case number is critical for document integrity and ensures that all pages are correctly associated with the same legal proceeding. If the case numbers are missing or mismatched, the form could be rejected, leading to processing delays.

Mutually Exclusive Finding Selection

Validates that for findings with opposing options (e.g., item 3: 'has'/'has not' been convicted of more than three felonies), only one option is selected. This prevents contradictory information within the court's official findings. A failure in this check would make the order ambiguous and legally invalid, requiring correction and resubmission by the court.

Application Date Validity

Ensures the 'application was filed on' date in item 1 is a valid, correctly formatted date that is not in the future. This date establishes the timeline for the entire proceeding and is used to determine eligibility based on time-lapsed requirements. An invalid or future date would make it impossible to correctly assess the application's timeliness and would cause the form to be rejected.

Logical Conviction Date

Verifies that each 'DATE OF CONVICTION' listed in item 1 is a valid date that occurs before the application filing date (from item 1) and after the defendant's date of birth. This check ensures the chronological integrity of the legal facts presented. A conviction date that is after the application date is a logical impossibility and would invalidate the request.

Completeness of Conviction Details

For each conviction row (a-d) in item 1, this check ensures that if any information is entered, all required fields for that row ('CRIME', 'CHARGE CODE(S)', 'DATE OF CONVICTION', 'CASE NUMBER') are also completed. Incomplete conviction information prevents proper identification and verification by the Michigan State Police and other agencies. The form would be returned for completion if any part of a listed conviction is missing.

Order Outcome Exclusivity

This validation confirms that a specific conviction listed in item 1 is not simultaneously marked as both 'denied' in item 14 and 'granted' in item 15. An order cannot both grant and deny the same request, as this would be a direct logical contradiction. Such an error would render the court's order unenforceable and require immediate correction.

And 8 more checks
  • Order Outcome Source Verification
  • Conditional Requirement for Denial Re-application Date
  • Time Period Finding Exclusivity
  • Defendant's Date of Birth Validity
  • Judge's Signature Date Logic
  • Completeness of Header Information
  • Ineligible Offense Check
  • First Violation OWI Logic

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How to Fill Out MC 228 Online for Free in 2026

What the AI walks you through.

  1. Navigate to Instafill.ai and upload or select Form MC 228, the Order on Application to Set Aside Conviction(s).
  2. Provide the case details by letting the AI guide you to fill in the court address, case number, judge, and defendant's information.
  3. Enter the specifics of each conviction under review, including the crime, charge code (MCL citation), date of conviction, and original case number.
  4. Complete the 'THE COURT FINDS' section by checking the appropriate boxes regarding the applicant's criminal history, pending charges, and eligibility based on the court's review.
  5. Indicate the final judicial decision in the 'IT IS ORDERED' section, specifying which convictions are granted or denied and noting any special conditions.
  6. Review all the information populated by the AI to ensure every field, checkbox, and date is accurate before finalizing the document.
  7. Download the completed form to be signed by the judge and distribute copies to all required parties, including the court, State Police, and prosecuting official.

Common Mistakes in Completing MC 228

The ones the AI is built to catch.

Applying for an Ineligible Offense
Applicants frequently fail to review the list of non-expungeable offenses on page 3, such as life-sentence felonies, certain criminal sexual conduct charges, or traffic offenses causing injury or death. This results in an automatic denial of the application, wasting the applicant's time and filing fees. To avoid this, carefully cross-reference each conviction against the exclusion list in MCL 780.621c before filing.
Incomplete or Incorrect Conviction Details in Item 1
Item 1 requires the precise Crime, Charge Code (MCL citation), Date of Conviction, and Case Number for each offense. Applicants often provide partial information, incorrect dates, or wrong case numbers, which prevents the Michigan State Police from locating the correct record. This error leads to significant delays or rejection, requiring the applicant to refile. It is critical to obtain official court records to ensure every detail is accurate.
Filing Before the Required Waiting Period Has Passed
The law specifies a waiting period after the completion of one's sentence, including any probation or parole, before an application can be filed. Applicants often miscalculate this date and file prematurely, leading to a mandatory denial as noted in item 10. To prevent this, confirm the exact date your sentence was completed and calculate the waiting period (e.g., 3, 5, or 7 years) from that date, not the date of conviction.
Incorrect Personal Identification Numbers (CTN/SID/DOB)
The CTN (Complaint Tracking Number), SID (State Identification Number), and DOB (Date of Birth) are the primary identifiers used to link the application to the correct criminal record. A single mistyped digit can cause the system to pull the wrong person's history or find no record at all. This mistake halts the entire process until corrected. Using a tool like Instafill.ai can help by validating data formats and reducing the chance of such data entry errors.
Using the Wrong Form for the Type of Conviction
The form's instructions explicitly state it should not be used for setting aside convictions related to human trafficking victims or misdemeanor marihuana offenses, which have their own specific forms and processes. Filing with this incorrect form (MC 228) will lead to an immediate administrative rejection. Always verify you are using the most current and appropriate form for your specific situation by checking the court's official website.
Failing to Disclose All Criminal History
The application requires disclosing the total number of felony convictions (Item 3) and any pending charges (Item 5). Some applicants omit convictions, believing they won't be found. However, the Michigan State Police conducts a comprehensive background check that will reveal the complete record, and any discrepancy will lead to denial and damage the applicant's credibility with the court.
Misunderstanding the 'Same Transaction' Rule
Applicants with multiple convictions that occurred within a 24-hour period may not realize they can be treated as a single conviction under MCL 780.621b (Item 11). Failing to group these offenses correctly can make an applicant appear ineligible due to having 'too many' felonies when they legally qualify. Understanding this nuance is crucial for accurately determining eligibility before filing.
Incorrectly Entering Court and Case Header Information
Simple errors in the header, such as the wrong Case Number, Judicial Circuit/District, or Judge's name, can cause the document to be misfiled, delayed, or rejected by the clerk's office. This information must match the original case records exactly. If the form is a non-fillable PDF, a tool like Instafill.ai can convert it into an interactive version, making it easier to enter and review this critical information for accuracy.
Confusing the 'Application' with the 'Order'
This form is an 'Order' that the judge signs to grant or deny the request; it is not the initial 'Application' the person files. Pro se applicants sometimes mistakenly fill out the judicial findings sections (e.g., items 2-13) or the final order section (items 14-15). This demonstrates a misunderstanding of the process and can cause the filing to be rejected, requiring the applicant to start over with the correct initial application form.
Failure to Properly Serve All Required Parties
The bottom of page 1 lists all parties that must receive a copy of the order, including the State Police, prosecuting official, and arresting agency. An applicant who only files the paperwork with the court and fails to serve the other entities will have their case stall. The court cannot proceed until proof of service is provided for all necessary parties, delaying the hearing and final decision.

Frequently Asked Questions About MC 228

 

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How does the AI fill out MC 228?
You answer a few questions in plain words, or upload a document you already have. The AI reads what you give it and puts each answer into the right field of MC 228, on every page, in seconds. It checks the answers against the form's own rules, and you review and change anything before you download, print or sign.
What happens to my information?
It is encrypted in transit and at rest, and it is never used to train AI.
How complex is MC 228 to fill out?
MC 228 has a Form Complexity Index of 41 out of 100, in the basic tier: 73 fillable fields across 3 pages. Instafill.ai's AI fills it in under a minute, with every field there for you to review before you download.
What is the purpose of the MC 228 form?
This form, the 'Order on Application to Set Aside Conviction(s),' is not an application. It is the official court document a judge signs to either grant or deny your request to have a criminal conviction set aside (expunged) in Michigan.
Who fills out this form?
A judge or other court official completes and signs this form. As the applicant, you will receive a copy of the completed order which states the court's final decision on your case.
What does it mean if my application is 'granted'?
If the box for item 15 is checked, your application was successful and the conviction is set aside. The record becomes nonpublic, but you are still obligated to pay any remaining restitution and will not be refunded for fines or costs you already paid.
What happens if my application is 'denied'?
If the box for item 14 is checked, your request to set aside the conviction was denied, and it will remain on your public record. The order will specify the earliest date you can file another application, which is often three years later.
Are there any convictions that cannot be set aside?
Yes, page 3 of the form lists convictions that are ineligible, such as felonies with a maximum punishment of life, certain serious assaultive crimes, and traffic offenses causing injury or death.
Can I get a first-offense DUI/OWI conviction set aside?
Yes, a 'first violation operating while intoxicated offense' may be eligible to be set aside. However, you can only have one such conviction set aside in your lifetime, and you must meet all other eligibility requirements.
This form mentions it's not for human trafficking victims or marijuana offenses. Why?
Michigan has separate, specific application forms and legal processes for setting aside convictions if you were a victim of human trafficking or for certain misdemeanor marijuana offenses. This form is for general conviction set-asides.
What is the Michigan State Police report mentioned on the form?
Before ruling on your application, the court must receive a report from the Michigan State Police detailing your criminal history. The judge cannot issue this order until that report has been reviewed.
Does setting aside a conviction mean it's completely erased?
The conviction becomes nonpublic, meaning it is removed from public view for things like background checks for jobs or housing. However, law enforcement and the courts will still have access to a nonpublic record of the conviction.
What does the court consider when deciding whether to grant my application?
The court reviews your application, the police report, and any objections, and considers if enough time has passed. The judge must find that your circumstances and behavior since the conviction warrant setting it aside and that doing so is consistent with the public welfare.
Can AI tools help me with setting aside my conviction?
Yes, while the court completes this 'Order' form, AI-powered services like Instafill.ai can help you accurately complete your initial 'Application to Set Aside Conviction(s)' form, saving time and helping to avoid errors.
How can I fill out my application form online?
You can use a service like Instafill.ai to upload the application PDF and make it an interactive, fillable form. This allows you to easily type your information and complete the form from any device.
The application PDF I have is not fillable. What should I do?
Instafill.ai can convert flat, non-fillable PDFs into interactive forms. Simply upload the document, and the AI will identify the fields so you can type your information directly into them.
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Other forms like this one

Michigan court forms: Form MC 03, Answer, Civil, Form MC 02, Appearance, Form MC 6, Notice to Appear, Form MC 01, Summons, State of Michigan, Form MC 01a, Complaint, Form MC 01b, Motion for Second Summons and Order, State of Michigan Blank Court Form, Form MC 07, Default Request and Entry, Form MC 07a, Default Request, Entry, and Judgment (Sum Certain), Form MC 09, Dismissal, Form MC 09a, Dismissal, Nonservice/No Progress, Form MC 10, Judgment, Civil, Form MC 11, Subpoena, Order to Appear and/or Produce, Request and Writ for Garnishment (Periodic), Form MC 13, Request and Writ for Garnishment (Nonperiodic), Form MC 14, Garnishee Disclosure, Form MC 15, Motion and Affidavit for Installment Payments/To Amend Order for Installment Payments, Form MC 15a, Order Regarding Installment Payments, Form MC 16, Motion to Set Aside Order for Installment Payments, State of Michigan, Form MC 16a, Order on Motion to Set Aside Order for Installment Payments

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