A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending section 1 (MCL 780.621), as amended by 2023 PA 205.
The bill primarily aims to expand the conditions under which individuals convicted of certain criminal offenses in Michigan can apply to have their convictions set aside. Under the proposed amendments, individuals with up to three felony convictions may apply to have all their convictions set aside, with specific limitations. Notably, individuals cannot have more than two assaultive crime convictions or more than one felony conviction for offenses punishable by over ten years of imprisonment set aside. Additionally, those convicted of certain offenses before January 12, 2015, may petition for their convictions to be set aside if they meet specific criteria, including having no more than two minor offenses.
The bill also clarifies that convictions deferred and dismissed under various Michigan laws are considered misdemeanor convictions for eligibility purposes. Furthermore, it allows individuals convicted of crimes as a direct result of being victims of human trafficking to apply to have those convictions set aside, subject to the same limitations. The legislation defines key terms such as "assaultive crime," "domestic violence," "felony," "misdemeanor," "operating while intoxicated," "serious misdemeanor," "victim," and "violent felony" to ensure clarity in its application.
The bill does not specify new funding allocations or financial figures but focuses on modifying existing legal frameworks to provide broader opportunities for individuals to clear their criminal records. The changes are expected to impact various stakeholders, including individuals with criminal records, who may benefit from improved opportunities for rehabilitation and reintegration into society. However, there may be concerns regarding public safety and the administrative burden on the judiciary.
The bill stipulates that the amendments will take effect 90 days after enactment, providing a clear timeline for implementation. This legislative change aims to balance the interests of justice, rehabilitation, and public safety by refining the criteria and processes for setting aside criminal convictions in Michigan.
Co-sponsored by Reps.
Referred to the Committee on Judiciary
Reported without amendment
