Malicious Destruction of Property in Michigan: Penalties and Expungement

In Michigan, penalties for malicious destruction of property scale with the dollar value of the damage: 93 days in jail at the low end, up to 10 years in prison at the high end, plus fines that can reach three times the damage amount and mandatory restitution to the victim. The offense sits in MCL 750.377a, and a felony conviction carries collateral costs — firearm restrictions and a lasting criminal record — that outlast any sentence.

The Four Penalty Tiers

The statute organizes penalties around the total value of the damage. At every tier, the fine can be tripled based on the actual destruction amount when that figure exceeds the standard cap.

Damage under $200: misdemeanor, up to 93 days in jail, fine of up to $500 or three times the damage (whichever is greater), or both.¹
Damage of $200 to under $1,000: misdemeanor, up to one year in jail, fine of up to $2,000 or three times the damage, or both.¹
Damage of $1,000 to under $20,000: felony, up to five years in prison, fine of up to $10,000 or three times the damage, or both.¹
Damage of $20,000 or more: felony, up to 10 years in prison, fine of up to $15,000 or three times the damage, or both.¹

The jump from the middle felony tier to the top one doubles the maximum prison exposure from five to ten years. Damage to a car, storefront, or home can move a case across that line faster than people expect.

What the Prosecution Has to Prove

The offense requires that the damage be both willful and malicious: you chose to do it and meant to cause harm. Accidental or careless damage does not qualify. The statute reaches a wide range of property, including vehicles, buildings, personal belongings, and public infrastructure.

Because the dollar amount determines the tier, valuation is often the decisive fact. In People v. Hamblin, the Michigan Court of Appeals confirmed that courts should look at either the fair market value before and after the damage or the reasonable cost to repair or restore the property.² A disputed repair estimate can be the difference between a misdemeanor and a felony.

Circumstances That Push the Charge Higher

Aggregating Multiple Incidents

Prosecutors can add up the damage from separate incidents if they were part of a scheme or pattern within any 12-month period.¹ Five acts of $250 damage over several months against the same target can be combined to $1,250 and charged as a single felony rather than five misdemeanors.

Prior Convictions

With two or more prior convictions for malicious destruction of property, a new offense in the $1,000 to $20,000 range gets bumped to the top felony tier: up to 10 years in prison and a fine of up to $15,000 or three times the damage.¹ Prior convictions in the lowest misdemeanor tiers (under $200 and the parallel domestic-relationship offense under $200) do not count toward that enhancement.

Domestic Relationships

When the person damaging the property and the owner are spouses, former spouses, share a dating relationship, share a child, or live or lived in the same household, the statute contains parallel provisions carrying the same penalty tiers.¹ These charges are often filed alongside other domestic violence offenses.

School Buses

Intentionally damaging a school bus has its own statute. Under MCL 750.377c, if the damage creates a health or safety hazard for anyone who occupies or might occupy the bus, the offense is a felony carrying up to five years in prison and a fine of up to $5,000, regardless of the dollar value of the damage.³

Restitution to the Victim

Jail time and fines are only part of the picture. Courts routinely order restitution on top of the criminal penalty. Under MCL 769.1a, restitution for property crimes can equal the fair market value of the property at the time of destruction or at sentencing, whichever is greater. If fair market value cannot be determined, the court uses replacement cost.⁴

Restitution is expected to be paid immediately unless the court sets a payment schedule. If a schedule causes manifest hardship for you or your immediate family, you can petition the sentencing judge to modify it. You cannot be jailed for failing to pay restitution unless the court finds you have the resources and simply have not made a good-faith effort.⁴

Civil Lawsuits on Top of the Criminal Case

A criminal case does not preclude a civil suit. The victim may separately sue for compensatory damages, and any restitution already paid gets credited against a civil judgment so you do not pay twice for the same loss.⁴ A civil suit can reach costs a restitution order may not fully address, such as lost business income, diminished property value, or emotional distress.

Firearm Rights and Your Record

A felony conviction under this statute triggers a firearm bar. Under MCL 750.224f, a person convicted of any felony cannot possess, transport, or purchase a firearm until at least three years after completing the full sentence, including probation and parole, and paying all fines. For “specified felonies,” which include offenses involving the use or threatened use of force against property, the waiting period stretches to five years and firearm rights must be formally restored through an application process.⁵ A malicious destruction conviction involving force against property can fall into that more restrictive category.

Beyond firearms, employers, landlords, and Michigan professional licensing boards regularly review criminal history. A property-crime conviction draws particular attention for positions involving financial responsibility, property management, or trust.

Clearing the Conviction Later

Michigan offers two paths to setting aside a malicious destruction conviction: filing an application, or waiting for automatic expungement.

Application-Based Expungement

Under MCL 780.621, Michigan’s 2020 Clean Slate reforms allow a person with up to three felony convictions total to apply to set aside all eligible Michigan convictions, though no more than two of those can be assaultive crimes. There is no cap on the number of misdemeanors that can be expunged by application.⁶ Waiting periods run from completion of sentence, imprisonment, probation, or parole, whichever comes last:⁷

Non-serious misdemeanors: 3 years.
One felony or serious misdemeanor: 5 years.
Multiple felonies: 7 years.

The process requires filing a petition in the court that convicted you, showing rehabilitation, and attending a hearing. Some offenses are permanently ineligible, including life felonies and certain assaultive and weapons crimes, but a standard malicious destruction of property conviction is generally eligible.⁸

Automatic Expungement

The automatic process began in April 2023. The state reviews its criminal records database and sets aside qualifying convictions without any filing on your part. Waiting periods are longer than the application route:⁸

Misdemeanors punishable by less than 93 days: 7 years from sentencing.
Misdemeanors punishable by 93 days or more: 7 years from sentencing, with no more than 4 eligible for automatic set-aside.
Felonies: 10 years from sentencing or release from prison, whichever is later, with no more than 2 eligible for automatic set-aside.

A successful expungement, whether by application or automatic, removes the conviction from the public record and eliminates the firearm restriction, unless the expungement order specifically says otherwise.⁵

1
Michigan Legislature. Michigan Code 750.377a – Malicious Destruction of Property
2
FindLaw. People v Hamblin (1997)
3
Michigan Legislature. Michigan Code 750.377c – Intentional Damage, Destruction, or Alteration of School Bus
4
Michigan Legislature. Michigan Code 769.1a – Order of Restitution
5
Michigan Legislature. Michigan Code 750.224f – Possession of Firearm by Person Convicted of Felony
6
Michigan Legislature. Michigan Code 780.621 – Setting Aside Convictions
7
Michigan Legislature. Michigan Code 780.621d – Waiting Periods for Expungement Applications
8
Michigan Department of Attorney General. Automatic Expungements: Michigan Clean Slate