HOUSE BILL NO. 6225
December 04, 2024, Introduced by Reps. Grant and Scott and referred to the Committee on
Criminal Justice.
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.
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THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1b. (1) For purposes of a petition to set aside a
2 conviction under section 1 or 1e, more than 1 felony offense or
3 more than 1 misdemeanor offense must be treated as a single felony
4 or misdemeanor conviction if the felony or misdemeanor convictions
5 were contemporaneous such that all of the felony or misdemeanor
6 offenses occurred within 24 hours and arose from the same
7 transaction, provided that none of those felony or misdemeanor
8 offenses constitute any of the following:
9 (a) An assaultive crime.
10 (b) A crime involving the use or possession of a dangerous
11 weapon.
12 (c) A crime with a maximum penalty of 10 or more years'
13 imprisonment.
14 (d) A conviction for a crime that if it had been obtained in
15 this state would be for an assaultive crime.
16 (2) For purposes of a petition to set aside a conviction under
17 section 1j, a felony offense and 1 or more misdemeanor offenses
18 must be treated as a single felony conviction if the felony and
19 misdemeanor convictions were contemporaneous such that all of the
20 offenses occurred within 24 hours and arose from the same
21 transaction.
22 (3) (2) As used in this section, "dangerous weapon" means that
23 term as defined in section 110a of the Michigan penal code, 1931 PA
24 328, MCL 750.110a.
25 Sec. 1c. (1) A Except as otherwise provided in section 1j, a
26 person shall not apply to have set aside, and a judge shall not set
27 aside, a conviction for any of the following:
28 (a) A felony for which the maximum punishment is life
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1 imprisonment or an attempt to commit a felony for which the maximum
2 punishment is life imprisonment.
3 (b) A violation or attempted violation of section 136b(3),
4 136d(1)(b) or (c), 145c, 145d, 520c, 520d, or 520g of the Michigan
5 penal code, 1931 PA 328, MCL 750.136b, 750.136d, 750.145c,
6 750.145d, 750.520c, 750.520d, and 750.520g.
7 (c) A violation or attempted violation of section 520e of the
8 Michigan penal code, 1931 PA 328, MCL 750.520e, if the conviction
9 occurred on or after January 12, 2015.
10 (d) The following traffic offenses:
11 (i) Subject to subsections (3) and (4), a conviction for
12 operating while intoxicated committed by any person.
13 (ii) Any traffic offense committed by an individual with an
14 indorsement on his or her operator's or chauffeur's license to
15 operate a commercial motor vehicle that was committed while the
16 individual was operating the commercial motor vehicle or was in
17 another manner a commercial motor vehicle violation.
18 (iii) Any traffic offense that causes injury or death.
19 (e) A felony conviction for domestic violence, if the person
20 has a previous misdemeanor conviction for domestic violence.
21 (f) A violation of former section 462i or 462j or chapter
22 LXVIIA or chapter LXXXIII-A of the Michigan penal code, 1931 PA
23 328, MCL 750.462a to 750.462h and 750.543a to 750.543z.
24 (2) The prohibition on the setting aside of the convictions
25 under subsection (1) upon application also applies to the setting
26 aside of convictions without application under section 1g.
27 (3) The prohibition on setting aside a conviction for
28 operating while intoxicated under subsection (1)(d)(i) does not
29 apply to a conviction for a first violation operating while
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1 intoxicated offense if the person applying to have the first
2 violation operating while intoxicated offense conviction set aside
3 has not previously applied to have and had a first violation
4 operating while intoxicated offense conviction set aside under this
5 act. However, a conviction for a first violation operating while
6 intoxicated offense that may be set aside upon application is not
7 eligible for and shall may not be set aside without application
8 under section 1g.
9 (4) In making a determination whether to grant the petition to
10 set aside a first violation operating while intoxicated offense
11 conviction, the reviewing court may consider whether or not the
12 petitioner has benefited from rehabilitative or educational
13 programs, if any were ordered by the sentencing court, or whether
14 such steps were taken by the petitioner before sentencing for the
15 first violation operating while intoxicated offense conviction he
16 or she is seeking to set aside. The reviewing court is not
17 constrained by the record made at sentencing. The reviewing court
18 may deny the petition if it is not convinced that the petitioner
19 has either availed himself or herself of rehabilitative or
20 educational programming or benefited from rehabilitative or
21 educational programming he or she has completed.
22 (5) An order setting aside a conviction for a traffic offense
23 under this act must not require that the conviction be removed or
24 expunged from the applicant's driving record maintained by the
25 secretary of state as required under the Michigan vehicle code,
26 1949 PA 300, MCL 257.1 to 257.923.
27 Sec. 1d. (1) An application under section 1 to set aside more
28 than 1 felony conviction shall only be filed 7 or more years after
29 whichever of the following events occurs last:
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1 (a) Imposition of the sentence for the convictions that the
2 applicant seeks to set aside.
3 (b) Completion of any term of felony probation imposed for the
4 convictions that the applicant seeks to set aside.
5 (c) Discharge from parole imposed for the convictions that the
6 applicant seeks to set aside.
7 (d) Completion of any term of imprisonment imposed for the
8 convictions that the applicant seeks to set aside.
9 (2) An application under section 1 to set aside 1 or more
10 serious misdemeanor convictions, 1 first violation operating while
11 intoxicated offense, or 1 felony conviction shall only be filed 5
12 or more years after whichever of the following events occurs last:
13 (a) Imposition of the sentence for the conviction or
14 convictions that the applicant seeks to set aside.
15 (b) Completion of probation imposed for the conviction or
16 convictions that the applicant seeks to set aside.
17 (c) Discharge from parole imposed for the conviction that the
18 applicant seeks to set aside, if applicable.
19 (d) Completion of any term of imprisonment imposed for the
20 conviction or convictions that the applicant seeks to set aside.
21 (3) An application under section 1 to set aside 1 or more
22 misdemeanor convictions, other than an application to set aside a
23 serious misdemeanor, a first violation operating while intoxicated
24 offense, or any other misdemeanor conviction for an assaultive
25 crime, shall only be filed 3 or more years after whichever of the
26 following events occurs last:
27 (a) Imposition of the sentence for the conviction that the
28 applicant seeks to set aside.
29 (b) Completion of any term of imprisonment imposed for the
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1 conviction that the applicant seeks to set aside.
2 (c) Completion of probation imposed for the conviction or
3 convictions that the applicant seeks to set aside.
4 (4) For an application under section 1, a court shall not
5 enter an order setting aside a conviction or convictions unless all
6 of the following apply:
7 (a) The applicable time period required under subsection (1),
8 (2), or (3) has elapsed.
9 (b) There are no criminal charges pending against the
10 applicant.
11 (c) The applicant has not been convicted of any criminal
12 offense during the applicable time period required under subsection
13 (1), (2), or (3).
14 (5) If Except as provided in section 1j, if a petition under
15 this act is denied by the convicting court, a person shall not file
16 another petition concerning the same conviction or convictions with
17 the convicting court until 3 years after the date the convicting
18 court denies the previous petition, unless the court specifies an
19 earlier date for filing another petition in the order denying the
20 petition.
21 (6) An application under section 1(3) may be filed at any time
22 following the date of the conviction to be set aside. A person may
23 apply to have more than 1 conviction set aside under section 1(3).
24 (7) An application under section 1 is invalid unless it
25 contains the following information and is signed under oath by the
26 person whose conviction is or convictions are to be set aside:
27 (a) The full name and current address of the applicant.
28 (b) A certified record of each conviction that is to be set
29 aside.
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1 (c) For an application under section 1(1), a statement that
2 the applicant has not been convicted of an offense during the
3 applicable time period required under subsection (1), (2), or (3).
4 (d) A statement listing all actions enumerated in section 1(2)
5 that were initiated against the applicant and have been dismissed.
6 (e) A statement as to whether the applicant has previously
7 filed an application to set aside this or other conviction and, if
8 so, the disposition of the application.
9 (f) A statement as to whether the applicant has any other
10 criminal charge pending against him or her in any court in the
11 United States or in any other country.
12 (g) If the person is seeking to have 1 or more convictions set
13 aside under section 1(3), a statement that he or she meets the
14 criteria set forth in section 1(3), together with a statement of
15 the facts supporting his or her contention that the conviction was
16 a direct result of his or her being a victim of human trafficking.
17 (h) A consent to the use of the nonpublic record created under
18 section 3 to the extent authorized by section 3.
19 (8) The An applicant under this act shall submit a copy of the
20 application and 1 complete set of fingerprints to the department of
21 state police. The department of state police shall compare those
22 fingerprints with the records of the department, including the
23 nonpublic record created under section 3, and shall forward an
24 electronic copy of a complete set of fingerprints to the Federal
25 Bureau of Investigation for a comparison with the records available
26 to that agency. The department of state police shall report to the
27 court in which the application is filed the information contained
28 in the department's records with respect to any pending charges
29 against the applicant, any record of conviction of the applicant,
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1 and the setting aside of any conviction of the applicant and shall
2 report to the court any similar information obtained from the
3 Federal Bureau of Investigation. The court shall not act upon the
4 application until the department of state police reports the
5 information required by this subsection to the court.
6 (9) The copy of the application submitted to the department of
7 state police under subsection (8) must be accompanied by a fee of
8 $50.00 payable to the state of Michigan that must be used by the
9 department of state police to defray the expenses incurred in
10 processing the application.
11 (10) A For an application under this act, a copy of the
12 application must be served upon the attorney general and upon the
13 office of each prosecuting attorney who prosecuted the crime or
14 crimes the applicant seeks to set aside, and an opportunity must be
15 given to the attorney general and to the prosecuting attorney to
16 contest the application. If For an application under this act, if a
17 conviction was for an assaultive crime or a serious misdemeanor,
18 the prosecuting attorney shall notify the victim of the assaultive
19 crime or serious misdemeanor of the application under section 22a
20 or 77a of the William Van Regenmorter crime victim's rights act,
21 1985 PA 87, MCL 780.772a and 780.827a. The notice must be by first-
22 class mail to the victim's last known address. The victim has the
23 right to appear at any proceeding under this act concerning that
24 conviction and to make a written or oral statement.
25 (11) For an application under section 1(1), upon the hearing
26 of the application the court may require the filing of affidavits
27 and the taking of proofs as it considers proper.
28 (12) For an application under section 1(3), if the applicant
29 proves to the court by a preponderance of the evidence that the
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1 conviction was a direct result of his or her being a victim of
2 human trafficking, the court may, subject to the requirements of
3 subsection (13), enter an order setting aside the conviction.
4 (13) If the court determines that the circumstances and
5 behavior of an applicant under section 1(1) or (3), from the date
6 of the applicant's conviction or convictions to the filing of the
7 application warrant setting aside the conviction or convictions,
8 and that setting aside the conviction or convictions is consistent
9 with the public welfare, the court may enter an order setting aside
10 the conviction or convictions.
11 (14) The setting aside of a conviction or convictions under
12 this act is a privilege and conditional and is not a right.
13 Sec. 1j. (1) An individual may file an application with the
14 convicting court to set aside a felony conviction, if all of the
15 following conditions apply:
16 (a) The applicant committed the felony before the applicant's
17 eighteenth birthday.
18 (b) The applicant has been successfully discharged from the
19 department of corrections.
20 (c) Fifteen years have passed since the applicant's release
21 from incarceration.
22 (d) The applicant has not been convicted of a criminal charge
23 on or after the applicant's eighteenth birthday or had any other
24 conviction set aside under this act.
25 (e) The applicant does not have a pending criminal charge.
26 (f) The applicant has not tested positive for the illegal use
27 of a controlled substance since the felony conviction to be set
28 aside.
29 (g) The applicant can demonstrate a record and reputation that
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1 shows the applicant is not likely to act in a manner that is a
2 danger to the safety of others.
3 (h) The felony conviction to be set aside is not a listed
4 offense as defined in section 2 of the sex offenders registration
5 act, 1994 PA 295, MCL 28.722.
6 (2) An individual applying for the setting aside of a
7 conviction or convictions under subsection (1) shall file an
8 application to the convicting court that includes all of the
9 following, if applicable:
10 (a) The applicant's signature, under oath, affirmatively
11 stating that the applicant qualifies under subsection (1).
12 (b) A certified record of each conviction that is requested to
13 be set aside.
14 (c) A complete set of fingerprints and copy of the application
15 sent to the department of state police, in accordance with section
16 1d(8).
17 (d) A resume or curriculum vitae.
18 (e) Reference letters.
19 (f) Academic credentials.
20 (g) An internet criminal history access tool report.
21 (h) A driving record from this state or another state.
22 (i) A personal letter of interest.
23 (j) Community involvement.
24 (k) Elected offices or appointments.
25 (l) Assumed name and business information.
26 (m) Ties to the community.
27 (n) Awards and recognitions.
28 (o) Media coverage.
29 (p) A $150.00 fee to be paid to the Michigan set aside fund
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