Disorderly conduct in Michigan is a misdemeanor defined by MCL 750.167, which lists specific behaviors — public intoxication that endangers others, window peeping, jostling people, certain forms of loitering, indecent conduct, vagrancy, and a handful of others — and punishes them with up to 90 days in jail and a fine of up to $500.1Michigan Legislature. Michigan Compiled Laws 750.168 The charge sounds minor, and often is, but it leaves a misdemeanor on your record that can follow you through job applications, licensing boards, and, for non-citizens, immigration review.
What Counts as Disorderly Conduct
MCL 750.167 doesn’t use a general “disturbing the peace” standard. It lists specific categories, and your conduct has to fit one of them. A person is a “disorderly person” under the statute if they are:
- Drunk in public and either endangering someone’s safety, threatening property, or causing a public disturbance. Being intoxicated alone is not enough.
- Engaged in indecent or obscene conduct in a public place.
- A window peeper.
- Roughly pushing or crowding people unnecessarily in a public place.
- Knowingly loitering where an illegal business is being carried on.
- Loitering in or near a police station, courthouse, jail, or hospital to solicit legal business or bail bond work.
- Engaged in an illegal occupation or business.
- Able to support their family but refusing or neglecting to do so.
- A vagrant, or begging in a public place.
That is the full state-statute list. Behaviors people often associate with disorderly conduct — brawling, disturbing a public meeting, abusive language — are not in MCL 750.167. If you’re charged for one of those, the charge is coming from a different statute or, more often, a local ordinance.
Penalties and the Real Cost
A standard disorderly conduct conviction under MCL 750.168 is punishable by up to 90 days in jail, up to a $500 fine, or both.1Michigan Legislature. Michigan Compiled Laws 750.168 First-time offenders without a prior record often receive probation, community service, or a reduced fine instead of jail.
The $500 figure understates what you’ll actually pay. Every misdemeanor conviction in Michigan carries a mandatory $75 crime victim rights fee, plus court costs and assessments that vary by county. If the balance isn’t paid within 56 days, a 20% late penalty is added to the full unpaid amount.2Michigan Courts. Fines, Fees, Costs, and Rates
One subsection is far more serious. A repeat conviction for failing to support a family under MCL 750.167d is a felony, carrying up to two years in prison and a $5,000 fine for a first felony offense, and up to four years and $10,000 for a subsequent one.1Michigan Legislature. Michigan Compiled Laws 750.168 Every other category in the statute is a 90-day misdemeanor.
If You’re Charged Under a Local Ordinance
Many Michigan cities and townships have their own disorderly conduct ordinances that reach behaviors the state statute does not, such as excessive noise, public fighting, or abusive language directed at bystanders. Prohibited conduct, penalties, and available defenses can all differ from MCL 750.167. One practical consequence: a local-ordinance conviction is sometimes treated differently from a state misdemeanor for background check and expungement purposes. Before you decide how to respond to a charge, confirm which law you’re actually charged under.
Defenses That Work
The Conduct Doesn’t Fit the Statute
Because MCL 750.167 lists specific categories, the prosecution has to prove your behavior matches one of them. Being annoying, loud, or uncooperative with police is not itself disorderly conduct under state law. Disorderly conduct cases frequently rest on an officer’s account without video or independent witnesses, so challenging the officer’s interpretation of events, witness credibility, or whether the facts actually meet a statutory category can be the strongest line of defense.
Protected Speech
When a charge arises from speech, protest, or other expression, the First Amendment limits what the state can prosecute. Protected expression generally cannot be punished as disorderly conduct unless it crosses into incitement of imminent violence or a true threat. Courts also apply the overbreadth doctrine to disorderly conduct laws, which allows a statute to be challenged if it’s written broadly enough to chill lawful expression; when the law targets conduct rather than pure speech, the overbreadth must be substantial relative to the statute’s legitimate reach.3Constitution Annotated. Overbreadth Doctrine Several categories in MCL 750.167 are vague enough to open the door to this kind of argument.
Self-Defense
If the charge grew out of a physical altercation, Michigan’s Self-Defense Act allows non-deadly force anywhere you have a legal right to be, with no duty to retreat, when you honestly and reasonably believe force is necessary to defend against an imminent unlawful use of force against you.4Michigan Legislature. Michigan Compiled Laws 780.972 – Use of Deadly Force by Individual Not Engaged in Commission of Crime; Conditions Both the belief and the level of force used have to be reasonable in proportion to the threat.
Clearing a Disorderly Conduct Conviction From Your Record
A conviction shows up on background checks and can affect employment, housing, and licensing for years. Michigan gives you two ways to clear it.
The first is filing an application with the court. For most misdemeanors that are not classified as assaultive or as “serious misdemeanors,” the waiting period is at least three years from the latest of your sentencing date, completion of probation, or completion of any jail term.5State of Michigan. Attorney General – Expungement Assistance A standard disorderly conduct conviction is not an assaultive crime, so this three-year application path generally applies.
The second is automatic expungement under Michigan’s Clean Slate law, which took effect in April 2023. Eligible misdemeanor convictions are set aside automatically seven years after sentencing.6State of Michigan. Michigan Clean Slate The exclusions cover assaultive crimes, serious misdemeanors, crimes of dishonesty, human trafficking offenses, and certain traffic offenses. A typical disorderly conduct conviction falls into none of these, so it should qualify.
Applying is faster but requires paperwork and possibly a hearing. Waiting for automatic expungement takes longer but requires nothing from you.
Consequences Beyond Sentencing
Jobs and Professional Licenses
Employers see misdemeanors on background checks. Positions that require professional licensing, government jobs, and roles involving vulnerable populations commonly ask about misdemeanor convictions. A single disorderly conduct conviction is rarely disqualifying by itself, but it’s an item you may have to explain for years until the record is cleared.
Federal Security Clearances
If your work requires a federal clearance, criminal conduct is reviewed under Guideline J of the national adjudicative guidelines, which treats criminal activity as raising doubt about judgment, reliability, and trustworthiness. A single minor offense is more concerning when it fits a pattern. Time passed, rehabilitation, and a clean subsequent record are recognized mitigating factors.
Immigration
For non-citizens, every conviction needs analysis. The State Department’s Foreign Affairs Manual lists disorderly conduct among offenses that are generally not considered crimes involving moral turpitude, so a straightforward conviction typically does not trigger inadmissibility on its own.7U.S. Department of State. 9 FAM 302.3 Ineligibility Based on Criminal Activity The FAM also flags that broadly written statutes can invite further inquiry into the underlying facts, especially where prostitution-related conduct is involved. If you are not a citizen, talk to an immigration attorney before entering any plea.
Firearms
Federal law bars firearm possession for people convicted of offenses punishable by more than one year in prison, and for those convicted of misdemeanor crimes of domestic violence.8Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts A standard disorderly conduct conviction under MCL 750.167 carries a maximum of 90 days, which falls below both thresholds, so it does not trigger a federal firearm prohibition. The felony-level family support offense under MCL 750.167d does, because it is a felony.