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Bill > HB5009


MI HB5009

MI HB5009
Criminal procedure: expunction; criminal convictions that may be set aside on grounds of being a victim of human trafficking; expand. Amends sec. 1 of 1965 PA 213 (MCL 780.621).


summary

Introduced
09/18/2025
In Committee
09/18/2025
Crossed Over
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 section 1 (MCL 780.621), as amended by 2023 PA 205.

AI Summary

This bill expands the ability of individuals to have criminal convictions set aside, particularly for those who have committed crimes as a result of being victims of human trafficking. The legislation modifies existing law to allow people to apply to have convictions expunged (cleared from their record) with some important limitations: individuals can set aside up to 3 total felony convictions, with no more than 2 assaultive crime convictions, and only one felony conviction for an offense punishable by more than 10 years in prison. Significantly, the bill now explicitly allows a person to apply to set aside a conviction if they can demonstrate that the crime was a direct result of being a victim of human trafficking, which was not previously permitted. The bill also clarifies that certain deferred and dismissed convictions (such as those related to first-time drug offenses or liquor law violations) will still count toward the total number of convictions that can be set aside. The legislation provides clear definitions for terms like "human trafficking violation," "assaultive crime," and "felony" to ensure consistent application of the law. The amendments aim to provide more flexibility in the expungement process, particularly for individuals who have been coerced into criminal activity as a result of being trafficked, while still maintaining safeguards to prevent wholesale clearing of serious criminal records.

Committee Categories

Justice

Sponsors (20)

Last Action

House Judiciary (10:30:00 1/21/2026 Room 521, House Office Building) (on 01/21/2026)

bill text


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