Legislative Analysis
Phone: (517) 373-8080
ALLOW EXPUNGEMENT OF CONVICTION DESPITE
http://www.house.mi.gov/hfa
ANOTHER CONVICTION DURING WAITING PERIOD
Analysis available at
House Bill 5957 as introduced http://www.legislature.mi.gov
Sponsor: Rep. Kara Hope
House Bill 5958 as introduced
Sponsor: Rep. Graham Filler
Committee: Criminal Justice
Complete to 11-11-24
SUMMARY:
House Bills 5957 and 5958 would each amend 1965 PA 213, which provides procedures and
parameters for expunging (setting aside) certain criminal convictions. 1 Generally speaking,
some convictions are expunged automatically after a certain period of time specified in the act.
In other cases, eligible convictions can be expunged upon application (petition), but a specified
period of time must elapse before an application can be filed. These periods of time are known
as the “waiting period.” Waiting periods are generally based on offense type and, for
applications, the number of convictions sought to be expunged.
In addition to other requirements under the act, a conviction cannot be set aside if the individual
has been convicted of a criminal offense during the waiting period. In other words, a person
who is convicted of another offense during the waiting period is disqualified from expunging
the prior conviction (the one the waiting period pertains to).
The bills would eliminate the disqualification described above. House Bill 5958 would
eliminate it for automatic expungements, and House Bill 5957 would eliminate it and related
requirements for expungements by application.
In addition, the act now provides that, for purposes of setting aside a conviction by application,
more than one felony offense or more than one misdemeanor offense must be treated as a single
felony or misdemeanor conviction if the felony or misdemeanor convictions were
contemporaneous such that all of the felony or misdemeanor offenses occurred within 24 hours
and arose from the same transaction. However, these provisions do not apply if any of the
offenses constitute an assaultive crime, a crime that if committed in this state would be an
assaultive crime, a crime involving the use or possession of a dangerous weapon, or a crime
with a maximum penalty of 10 or more years of imprisonment.
House Bill 5957 would revise this provision to instead provide that more than one conviction
must be treated as a single conviction if the convictions were contemporaneous such that all of
the conduct underlying the convictions occurred within 24 hours and arose from the same
transaction. However, these provisions do not apply if any of the convictions constitute an
assaultive crime, a crime that if committed in this state would be an assaultive crime a crime
1
Convictions for some offenses are ineligible for expungement, and many requirements, limitations, and procedures
apply to expungement that are not generally relevant here. For an overview of Michigan’s expungement laws and
procedures, see https://www.michigan.gov/ag/initiatives/expungement-assistance
House Fiscal Agency Page 1 of 2
 involving the use or possession of a dangerous weapon, or a crime with a maximum penalty of
10 or more years of imprisonment.
MCL 780.621b, 780.621d, and 780.621e (HB 5957)
MCL 780.621g (HB 5958)
FISCAL IMPACT:
House Bills 5957 and 5958 would have an indeterminate fiscal impact on local courts. Under
provisions of the bills, individuals seeking expungement would file a single application for all
eligible convictions instead of filing multiple applications. This would affect court caseloads,
including related administrative costs.
Legislative Analyst: Rick Yuille
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 5957 and 5958 as introduced Page 2 of 2


Statutes affected:
House Introduced Bill: 780.621