This bill amends Michigan's laws regarding the process for setting aside criminal convictions, introducing provisions that allow multiple felony or misdemeanor offenses to be treated as a single conviction if they occurred within 24 hours and stemmed from the same transaction, excluding serious crimes. It also establishes a new section (1j) permitting individuals who committed a felony before the age of eighteen to apply for expungement under specific conditions, such as successful discharge from the Department of Corrections and maintaining a clean record since release. The bill clarifies the application process, including required documentation and fees, and emphasizes that setting aside a conviction is a privilege, not a right, while ensuring victims are notified when applications are filed.
Additionally, the bill addresses the treatment of convictions that have been set aside, stating they cannot be used as evidence in negligent hiring or licensure actions, although they may still be considered prior convictions for future offenses. It expands the definition of "applicant" to include those whose convictions have been set aside without an application. The bill mandates that courts notify the arresting agency and the department of state police upon setting aside a conviction, requiring the maintenance of a nonpublic record accessible only to certain entities. It also includes penalties for improper disclosure of information regarding set-aside convictions and repeals a previous section of law related to this issue.
Statutes affected: Senate Introduced Bill: 780.621, 780.624
As Passed by the Senate: 780.621, 780.624