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 sections 1b, 1c, 1d, 2, and 3 (MCL 780.621b, 780.621c, 780.621d, 780.622, and 780.623), section 1b as added by 2020 PA 188, section 1c as amended by 2021 PA 79, section 1d as amended by 2021 PA 82, and sections 2 and 3 as amended by 2020 PA 193, and by adding section 1j; and to repeal acts and parts of acts.
The legislative text proposes amendments to the 1965 PA 213, which governs the setting aside of convictions in certain criminal cases. The primary objective of the bill is to expand the criteria and streamline the process for individuals seeking to have their criminal convictions set aside. Key provisions include treating multiple contemporaneous felony or misdemeanor offenses as a single conviction under specific conditions, and introducing a new section (1j) that allows individuals to apply to set aside a felony conviction if committed before their 18th birthday, provided they meet several criteria such as successful discharge from the Department of Corrections, a clean record for ten years, and no pending criminal charges. The bill also outlines detailed application requirements, including submission of fingerprints, a fee, and various personal and professional documents.
The bill modifies existing laws by amending sections 1b, 1c, 1d, 2, and 3 of the 1965 PA 213, and adding section 1j. Notable changes include the redefinition of certain terms and conditions under which convictions can be set aside, such as excluding specific serious crimes and traffic offenses from eligibility. It also introduces a new fee structure, with a $150 fee for applications under section 1j, and a $50 fee for processing applications by the Department of State Police. Additionally, the bill mandates the retention of nonpublic records of set-aside convictions, which can be accessed by certain authorities for specific purposes, such as licensing, sentencing, and law enforcement employment considerations.
The legislation sets forth specific timelines for filing applications to set aside convictions, ranging from three to seven years after the completion of sentences, probation, or parole, depending on the severity of the offense. It also stipulates that individuals can reapply one year after a denial, unless an earlier date is specified by the court.
Co-sponsored by Sens.
Referred to the Committee on Civil Rights, Judiciary, and Public Safety
