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Bill > SB0078


MI SB0078

MI SB0078
Criminal procedure: expunction; procedures and eligibility for the expungement of certain records; provide for. Amends secs. 1b, 1c, 1d, 2 & 3 of 1965 PA 213 (MCL 780.621b et seq.) & adds sec. 1j & repeals sec. 4 of 1965 PA 213 (MCL 780.624).


summary

Introduced
02/12/2025
In Committee
05/20/2025
Crossed Over
05/20/2025
Passed
Dead

Introduced Session

103rd Legislature

Bill Summary

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.

AI Summary

This bill amends Michigan's law regarding the expungement (or "setting aside") of criminal records, introducing several key changes. The bill creates a new pathway for individuals who committed a felony before turning 18 to have their conviction set aside, even for offenses previously ineligible for expungement, provided they meet specific criteria such as being successfully discharged from corrections, having no new convictions, passing a 15-year waiting period, and demonstrating a low likelihood of reoffending. The bill modifies existing provisions for setting aside convictions, including clarifying how multiple contemporaneous offenses are treated, specifying waiting periods after sentencing or completion of probation/parole, and expanding the documentation required for expungement applications. Notably, the new provisions require a comprehensive application including personal documentation like a resume, reference letters, and community involvement evidence, and impose a $150 filing fee. The bill maintains certain restrictions, such as continuing to prohibit expungement for serious violent crimes, sexual offenses, and some traffic violations, while also preserving the court's discretion in evaluating each application. Additionally, the bill ensures that even if a conviction is set aside, it may still be considered for certain legal purposes like sentencing for subsequent offenses.

Committee Categories

Justice

Sponsors (5)

Last Action

Referred To Committee On Judiciary (on 05/20/2025)

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