Legislative Analysis
Phone: (517) 373-8080
EXPUNGEMENT OF CONVICTIONS FOR OFFENSES http://www.house.mi.gov/hfa
COMMITTED BY VICTIMS OF HUMAN TRAFFICKING
Analysis available at
House Bill 5836 as introduced http://www.legislature.mi.gov
Sponsor: Rep. Kelly Breen
House Bill 5837 as introduced
Sponsor: Rep. Matt Koleszar
House Bill 5838 as introduced
Sponsor: Rep. Carol Glanville
House Bill 5839 as introduced House Bill 5840 as introduced
Sponsor: Rep. Reggie Miller Sponsor: Rep. John Fitzgerald
Committee: Judiciary
Complete to 11-13-24
SUMMARY:
House Bill 5836 would amend 1965 PA 213, which provides for the setting aside of certain
criminal convictions, to expand the types of criminal offenses committed by individuals
who are victims of human trafficking violations that may be set aside (or “expunged”)
from an individual’s criminal record by court order. Current law allows individuals with
no more than three total felony offenses to petition a court for expungement of one or more
criminal convictions, subject to the following restrictions:
• An individual may not have a more than two convictions for an assaultive crime (as
defined in the act) set aside during their lifetime.
• An individual may not have more than one felony conviction for the same offense
set aside if the offense is punishable by more than 10 years’ imprisonment.
• An individual convicted of fourth degree criminal sexual conduct may apply for the
conviction to be set aside only if they have not been convicted of any other offense
other than a maximum of two minor offenses (any crime for which the maximum
term of imprisonment does not exceed 90 days, the maximum fine does not exceed
$1,000, and the individual is not more than 21 years old).
Human trafficking violation means any action in violation of chapter LXVIIA of
the Michigan Penal Code, which prohibits individuals from knowingly recruiting,
enticing, harboring, transporting, providing, or obtaining another individual for the
purpose of forced labor or services, holding the individual in debt bondage, or
benefitting financially or receiving anything of value from participation in an
enterprise, regardless of whether or not the victim resists the actions of the
individual.
House Fiscal Agency Page 1 of 4
 Currently, human trafficking victims may only apply to have a narrow set of convictions
set aside under the statute (namely, for offenses related to prostitution). The bill would
eliminate these restrictions, allowing individuals to petition a court to expunge any criminal
convictions for offenses committed as a direct result of their being a victim of a human
trafficking violation, subject to the restrictions described above and any other applicable
requirements of the act.
MCL 780.621
House Bill 5837 would amend Chapter VIII (Trials) of the Code of Criminal Procedure to
provide that, in criminal prosecutions for felony or misdemeanor offenses, it is an
affirmative defense 1 that a defendant committed the offense as a direct result of their being
a victim of human trafficking (under the bill, a defendant would have to provide evidence
to that effect). The bill also provides that a defendant who employs this defense bears the
burden of proving it under a preponderance of the evidence standard. 2
Proposed MCL 768.21d
House Bill 5838 would amend the juvenile code (Chapter XIIA of the Probate Code) to
expand the types of adjudications for offenses committed by juveniles who are victims of
human trafficking violations that may be set aside (or “expunged”) from an individual’s
criminal record by court order. (An adjudication is the juvenile equivalent of an adult
criminal conviction.) Current law provides individuals with the ability to petition a court
for expungement of one or more juvenile adjudications, subject to the following
restrictions:
• An individual may not have been adjudicated for more than one juvenile offense
that would be a felony if committed by an adult, or more than three juvenile offenses
in total (of which no more than one may be a juvenile offense that would be a felony
if committed by an adult) and no felony convictions.
• An individual may have the following adjudications set aside:
o One adjudication for an offense that would be a felony if committed by an
adult and no more than two adjudications for an offense that would be a
misdemeanor if committed by an adult.
o No more than three adjudications for an offense that would be a
misdemeanor if committed by an adult (with no adjudication for an offense
that would be a felony if committed by an adult).
Currently, juvenile human trafficking victims may only apply to have a narrow set of
adjudications set aside under the statute (namely, for offenses related to prostitution). The
1
An affirmative defense is a defense in which a defendant introduces evidence that, if found to be credible, negates
the defendant’s criminal liability, even if it is proven that they committed the alleged offense. Under House Bill 5837,
it would be required that the evidence demonstrate that the defendant’s offense was committed as a direct result of
their being a victim of a human trafficking violation.
2
Preponderance of the evidence is an evidentiary standard that requires demonstrating that a proposition is more likely
true than not true. Under this standard, the burden of proof is satisfied when the party with the burden convinces the
judge or jury that there is a greater than 50 percent change their claim is true. Under House Bill 5837, the defendant
bears the burden of proof.
House Fiscal Agency HBs 5836 to 5840 as introduced Page 2 of 4
 bill would eliminate these restrictions, allowing individuals to petition a court to expunge
any juvenile adjudications for offenses committed as a direct result of the individual being
a victim of a human trafficking violation, subject to the restrictions listed above and any
other applicable requirements of the code.
MCL 712A.18e
House Bill 5839 would amend the Michigan Penal Code to modify the requirements for
safeguarding juveniles who are victims of sex and labor trafficking via safe harbor
protections (legal provisions designed to divert minor-age victims of sex and labor
trafficking and exploitation away from the juvenile justice system by restricting the
conditions under which they can be arrested and prosecuted as criminals). Current law
allows a prosecution attempting to overcome the presumption that a minor was coerced or
forced into child sexually abusive activity, commercial sexual activity, or other form of
human trafficking to petition the court to first rule that a minor is dependent and in danger
of substantial physical or psychological harm. The bill would simply require this step in all
relevant prosecutions.
Current law also prohibits extending this presumption of coercion or force in cases
involving juveniles who fail to substantially comply with court-ordered services under the
juvenile code. The bill would newly allow for prospective eligibility for the presumption
of coercion or force in these cases.
MCL 750.451
House Bill 5840 would amend the Michigan Penal Code to modify the qualifications of
expert witnesses in human trafficking cases. Current law allows expert testimony on the
behavioral patterns of human trafficking victims and the ways in which victim behaviors
may deviate from societal expectations to be admitted as evidence in human trafficking
cases, provided that the testimony is otherwise admissible under the rules of evidence.
Under the bill, to be qualified by a court as an expert, a witness would instead be required
to possess specialized knowledge (i.e., beyond that of an average layperson) based on the
witness’s experience with, or specialized training or education in, criminal justice,
behavioral sciences, or victim services issues related to human trafficking.
The bill would allow witnesses with this sort of expertise to be called to testify by either
the prosecution or the defense, provided that their expertise would assist the judge or jury
in understanding the dynamics of human trafficking, victim response to victimization, and
impact on victims of human trafficking during and after an individual’s victimization. The
bill would also prohibit courts from admitting into evidence the opinions of human
trafficking-qualified expert witnesses regarding the credibility of any other witness or the
victim.
MCL 750.462g
House Bills 5836 through 5840 would each take effect 90 days after being enacted.
House Fiscal Agency HBs 5836 to 5840 as introduced Page 3 of 4
FISCAL IMPACT:
A fiscal analysis is in progress.
Legislative Analyst: Aaron A. Meek
Fiscal Analyst: Robin Risko
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HBs 5836 to 5840 as introduced Page 4 of 4


Statutes affected:
House Introduced Bill: 750.462
As Passed by the House: 750.462