Disorderly conduct in Michigan is a misdemeanor under MCL 750.167 that covers a specific, listed set of behaviors — public intoxication that endangers others, window peeping, jostling people on the sidewalk, indecent conduct, certain kinds of loitering, and a few more. A conviction carries up to 90 days in jail, a fine of up to $500, or both, and the record can follow you for years.
What the Statute Actually Prohibits
MCL 750.167 defines a “disorderly person” through a closed list. If your alleged behavior doesn’t fit one of these categories, it isn’t disorderly conduct under state law:
- Being drunk in a public place while directly endangering someone’s safety, threatening property, or causing a public disturbance. Simply being intoxicated in public isn’t enough on its own.
- Engaging in indecent or obscene conduct in a public place. Breastfeeding is explicitly exempt.
- Peering into someone’s windows.
- Roughly pushing or crowding people unnecessarily in a public place.
- Knowingly hanging around a location where illegal business is being conducted.
- Loitering around police stations, courthouses, jails, or hospitals to solicit legal services or bail bond business.
- Engaging in an illegal occupation or business.
- Having the ability to support your family but refusing or neglecting to do so.
- Being a vagrant or begging in a public place.
Notice what’s missing. “Brawling,” “disturbing a public meeting,” fighting, and abusive language aren’t in MCL 750.167. Those behaviors may be reachable under separate Michigan statutes or, more often, local ordinances, but they aren’t part of the state disorderly conduct law itself. That matters when you read the charging document: the specific category the prosecutor picked determines what has to be proved.
Penalties and the True Cost
Under MCL 750.168, standard disorderly conduct is a misdemeanor punishable by up to 90 days in jail, a fine of up to $500, or both.1Michigan Legislature. Michigan Compiled Laws 750.168 Judges have discretion at sentencing, and first-time offenders with no criminal history often receive probation, community service, or a lesser fine instead of jail.
The $500 figure understates the real bill. Every misdemeanor conviction in Michigan carries a mandatory $75 crime victim rights fee, plus court costs and assessments that vary by county. Miss the 56-day payment window and a 20% late penalty is added to the entire unpaid balance.2Michigan Courts. Fines, Fees, Costs, and Rates By the time everything is added up, the out-of-pocket cost of a conviction often exceeds the fine itself.
One category within the statute is not a misdemeanor at all. A conviction under MCL 750.167d, which involves repeat offenses of failing to support a family, is a felony punishable by up to two years in prison and a $5,000 fine for a first offense, or up to four years and $10,000 for a repeat offense.1Michigan Legislature. Michigan Compiled Laws 750.168
When You’re Charged Under a Local Ordinance
Many Michigan cities and townships have their own disorderly conduct ordinances that reach behaviors the state statute doesn’t, such as excessive noise, public fighting, or directing abusive language at bystanders. If your ticket or complaint cites a city code rather than MCL 750.167, the prohibited conduct, the penalties, and the available defenses can all look different from what state law describes. A local ordinance conviction can also be treated differently for background check and expungement purposes than a state misdemeanor. Check which law you’re actually charged under before assuming the state statute’s rules apply to your case.
Defenses That Work
Challenging the Evidence
Disorderly conduct cases often rest on an officer’s account, sometimes without video or independent witnesses. The statute requires specific conduct, not general disruption, so the defense often focuses on whether what actually happened fits any of the enumerated categories. Being annoying or attracting attention isn’t enough. Challenging witness credibility, questioning the officer’s interpretation, and pressing the mismatch between the facts and the statute’s language can all undermine the prosecution’s case.
First Amendment Protection
Some charges arise from speech, protest, or other expression. The First Amendment protects speech even when it’s offensive or provocative, and courts have long held that protected expression can’t be prosecuted 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, striking down statutes written so broadly they chill lawful expression. The Supreme Court has held that when a statute targets conduct rather than pure speech, the overbreadth must be “substantial” relative to the law’s legitimate reach.3Constitution Annotated. Overbreadth Doctrine Several categories in MCL 750.167 are vaguely worded enough for this argument to have real bite.
Self-Defense
When the charge stems from a physical altercation, self-defense may apply. Michigan’s Self-Defense Act allows a person to use non-deadly force anywhere they have a legal right to be, with no duty to retreat, if they honestly and reasonably believe force is necessary to defend against the imminent unlawful use of force.4Michigan Legislature. Michigan Compiled Laws 780.972 – Use of Deadly Force by Individual Not Engaged in Commission of Crime; Conditions Both the belief in the threat and the amount of force used must be reasonable and proportional to the situation.
What a Conviction Costs You Later
Employment and licensing. Even a low-level misdemeanor shows up on background checks. Professional licenses, government jobs, and roles involving vulnerable populations often require disclosure of misdemeanor convictions. A single incident may not disqualify you, but it creates a question you’ll have to answer, sometimes for years.
Immigration. The State Department’s Foreign Affairs Manual lists disorderly conduct among crimes that are generally not considered crimes involving moral turpitude, so a simple conviction typically won’t trigger inadmissibility on its own.5U.S. Department of State. 9 FAM 302.3 Ineligibility Based on Criminal Activity The FAM also notes, however, that broadly written statutes can prompt further inquiry into the underlying facts, especially where prostitution-related conduct is involved. Any non-citizen facing a disorderly conduct charge should talk to an immigration attorney before entering a plea.
Firearms. Federal law prohibits firearm possession for people convicted of crimes punishable by more than one year of imprisonment, and for those convicted of misdemeanor crimes of domestic violence.6Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts Standard disorderly conduct under MCL 750.167 carries a 90-day maximum, well below both thresholds, so a typical conviction does not trigger the federal firearm prohibition. The felony-level family support offense under MCL 750.167d does.
Getting the Conviction Off Your Record
Michigan offers two routes. You can apply to the court to set aside the conviction, or you can wait for the automatic process under the Clean Slate law.
For most misdemeanors that aren’t classified as assaultive crimes or serious misdemeanors, the application route requires a waiting period of at least three years from the latest of your sentencing date, completion of probation, or completion of any jail term.7State of Michigan. Attorney General – Expungement Assistance Standard disorderly conduct is not an assaultive crime, so this three-year path generally applies.
The automatic path took effect in April 2023. Misdemeanor convictions become eligible for automatic set-aside seven years after sentencing, unless the offense is on the exclusion list, which covers assaultive crimes, serious misdemeanors, crimes of dishonesty, human trafficking offenses, and certain traffic offenses.8State of Michigan. Michigan Clean Slate A typical disorderly conduct conviction doesn’t fall into any of those categories and should qualify.
Applying is faster but requires paperwork and possibly a hearing. Waiting is passive but takes longer. If a background check is standing between you and a job or license, the three-year application is usually worth the effort.