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

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Form MC 228a, Order on Application to Set Aside Misdemeanor Marihuana Conviction(s), page 1
Basic · 38/100Form Complexity Index

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What this form asks for

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This form, officially titled 'Order on Application to Set Aside Misdemeanor Marihuana Conviction(s)', is a judicial document from the State of Michigan. It is used by the court to formalize its decision on a defendant's request to expunge one or more misdemeanor marijuana convictions. The order specifies which convictions, if any, are set aside, based on findings presented to the court. 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 fields54
Pages2
Form Complexity IndexBasic, 38/100

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 Format Validation

This check ensures that the main Case Number and any case numbers listed for convictions (cno1-cno4) adhere to the standard Michigan court case number format. Validating the format is crucial for data integrity, preventing errors, and ensuring the order can be correctly filed and linked to the proper case record in the court's system. An invalid format could lead to the order being rejected or misfiled.

Date Chronology: Hearing vs. Application

This validation verifies that the hearing date ('heardate' in item 3) is on or after the application filing date ('appdate' in item 1). A hearing cannot logically occur before the application that prompted it has been filed. This check prevents illogical date entries and ensures the sequence of legal events is recorded accurately.

Date Chronology: Conviction vs. Application

This check ensures that all conviction dates ('cdate1' through 'cdate4') are prior to the application filing date ('appdate'). It is impossible to apply to set aside a conviction that has not yet happened. This validation is essential for maintaining logical consistency and preventing fundamental data entry errors.

ORI Code Prefix Validation

This validation confirms that the Originating Agency Identifier ('ori') field begins with the 'MI-' prefix as shown on the form. This format is specific to Michigan and ensures the identifier is correctly structured for state-level databases, like the Michigan State Police. Failure to comply could result in processing rejections by state agencies.

Minimum Conviction Entry

This check verifies that at least one complete conviction record (including crime, charge code, conviction date, and case number) is entered in item 1. The entire purpose of the form is to act on one or more convictions, so an application with no convictions listed is incomplete and cannot be processed. This ensures the form has a valid subject for the court's order.

Conditional List for 'Proven' Convictions

If the checkbox for 'the following convictions' is selected in item 4, this validation ensures the corresponding text area ('foconvlist') is not empty. This prevents an ambiguous finding where the court indicates specific convictions meet the criteria but fails to list them. It is critical for the clarity and enforceability of the court's findings.

And 8 more checks
  • Conditional List for 'Denied' Convictions
  • Conditional List for 'Granted' Convictions
  • Mutually Exclusive Findings (Items 4 & 5)
  • Mutually Exclusive Orders (Items 6 & 7)
  • Valid Date of Birth (DOB)
  • Required Application Filing Date
  • Defendant Information Completeness
  • Judge's Signature Date Presence

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How to Fill Out MC 228a Online for Free in 2026

What the AI walks you through.

  1. Navigate to Instafill.ai and upload the MC 228a form or select it from the template library.
  2. Use the AI assistant to accurately input case information, including the court address, case number, judge, and defendant details.
  3. List the specific misdemeanor marihuana convictions being considered by providing the crime, charge codes, date of conviction, and case number for each.
  4. Indicate the court's findings by checking the appropriate boxes, such as whether a hearing was held and the prosecutor's arguments.
  5. Clearly state the court's final decision in the 'IT IS ORDERED' section by selecting whether the application is granted or denied for all or specific convictions.
  6. Thoroughly review all the information populated by the AI to ensure complete accuracy before the judge's signature.
  7. Once signed by the judge, download the completed form for distribution to the required parties, including the State Police, court, and defendant.

Common Mistakes in Completing MC 228a

The ones the AI is built to catch.

Entering an Incorrect or Incomplete Case Number
Applicants often enter the wrong case number or omit crucial parts like the year or case type code (e.g., 'SM'). This mistake happens when relying on memory or incomplete notes. An incorrect case number is one of the most common reasons for rejection, as it prevents the court clerk from locating the official record, leading to significant delays or outright denial of the application.
Using the Wrong Date of Conviction
People frequently confuse the date of arrest, the date of the offense, or the sentencing date with the official date of conviction. The date of conviction is a specific legal date that is critical for determining eligibility and for the court to locate the case file. Using the wrong date can cause the application to be rejected because the records cannot be verified, forcing the applicant to refile.
Omitting or Guessing the MCL Citation / PACC Code
The MCL (Michigan Compiled Laws) citation is the specific statute number for the crime, which is essential for proving the conviction is eligible for expungement. Applicants often leave this blank or guess because it's a technical detail they don't know. Without the correct MCL code, the court cannot confirm the conviction's eligibility under the marihuana law, which is a primary reason for denial.
Filing the Application in the Wrong Court
An applicant might mistakenly file the application in the court of the county where they currently reside, rather than the court where the conviction occurred. Each court only has jurisdiction over its own cases. Filing in the wrong court results in an automatic rejection, loss of filing fees, and the need to start the entire process over in the correct jurisdiction.
Leaving CTN/TCN/SID Fields Blank
Many applicants are unfamiliar with identifiers like the Complaint Tracking Number (CTN), Transaction Control Number (TCN), or State ID (SID) number and leave them blank. These numbers are crucial for law enforcement and the state police to accurately identify the applicant and their specific criminal record. Omitting them can significantly slow down the background check process and delay the court's decision.
Providing a Vague or Incorrect Crime Description
Instead of using the official charge from court records, applicants may write a generic or slang description like 'pot possession'. This ambiguity forces court staff to spend extra time cross-referencing the case number to determine the actual statutory charge. To avoid delays, the crime description should be copied exactly as it appears on the original judgment of sentence or other official court documents.
Using Outdated or Incorrect Personal Information
Applicants sometimes use a nickname instead of their full legal name, or provide an old address and phone number. The court and other agencies use this information for identity verification and official communications. Mismatched or outdated information can lead to failed identity checks and missed notifications about hearings or issues with the application.
Failing to List All Eligible Convictions on One Application
The law allows for setting aside multiple eligible misdemeanor marihuana convictions, but applicants sometimes file a separate application for each one or forget about an older conviction. This creates unnecessary work and expense. A thorough review of one's complete criminal history is needed to consolidate all eligible convictions from the same court onto a single application, saving time and filing fees.
Submitting an Illegible Handwritten Form
When a form is only available as a non-fillable PDF, applicants often print and fill it out by hand. Poor handwriting can lead to court clerks misinterpreting critical information like case numbers or names, causing data entry errors that can derail the entire application. To prevent this, it is best to use a fillable version of the form. AI-powered tools like Instafill.ai can convert flat PDFs into fillable forms and help ensure all data is entered clearly and accurately.
Misunderstanding the Application vs. Order
This form (MC 228a) is an 'Order' that is completed by the judge, not the applicant. A common mistake is for an applicant to try filling out sections reserved for the court, such as the findings (items 2-5) or the final order (items 6-7). This shows a misunderstanding of the process and will cause the filing to be rejected. The applicant's responsibility is to provide this information on a separate 'Application' form, which the court then uses to generate this Order.

Frequently Asked Questions About MC 228a

 

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How does the AI fill out MC 228a?
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 228a, 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 228a to fill out?
MC 228a has a Form Complexity Index of 38 out of 100, in the basic tier: 54 fillable fields across 2 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 228a form?
This form is the official court order that documents a judge's final decision on an application to set aside misdemeanor marihuana convictions. It is not the application itself, but the ruling that results from it.
Who fills out this form?
The court or judge completes and signs this form after reviewing the application. The applicant receives a copy of the completed order but does not fill it out themselves.
How do I know if my application to set aside my conviction was approved?
Check the 'IT IS ORDERED' section on the second page. If the box next to item 7, 'The application is granted,' is checked, your request was approved for the convictions listed there.
My application was denied. Why would that happen?
Item 4 indicates a potential reason for denial: if the prosecuting agency proved that the conduct leading to your conviction would still be a crime if committed today. The specific convictions denied will be listed in item 6.
What does it mean for my conviction to be 'set aside'?
It means the conviction is removed from your public criminal record. A nonpublic record is maintained by the Michigan State Police, but the conviction can no longer be used against you for most purposes.
Will I get a refund for the fines and costs I paid for the conviction?
No. The 'NOTE TO APPLICANT' section clearly states that you are not entitled to the return of any fines, costs, or other money paid as a result of a conviction that is set aside.
I still owe restitution for my case. Do I have to keep paying it?
Yes. This order does not cancel any restitution you owe to a victim, and the court can still enforce the restitution order.
Will this order clear a marihuana-related offense from my driving record?
No. Item 7 specifies that if the conviction was reportable to the Secretary of State, the driving record associated with it will not be expunged.
Can some of my convictions be set aside while others are denied on the same application?
Yes, the form allows for a partial decision. A judge can grant the application for specific convictions listed in item 7 while denying it for others listed in item 6.
What happens after the judge signs this order?
The court clerk distributes copies of the order to the Michigan State Police, the arresting agency, and the prosecutor so they can update their records according to the judge's decision.
I haven't filed yet. Can AI help me fill out my application to set aside a conviction?
Yes. While this MC 228a form is the court's order, you can use AI-powered services like Instafill.ai to accurately auto-fill your initial application form, saving time and reducing errors.
How can I fill out my application form online?
You can use a service like Instafill.ai to fill out your application form online. Simply upload the form to their platform to make it interactive and easy to complete.
The application form I found is a PDF that I can't type in. What should I do?
You can use a tool like Instafill.ai, which can convert flat, non-fillable PDFs into interactive forms. This allows you to easily type your information into the fields before printing for submission.
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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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