Bill Text: MI SB0159 | 2011-2012 | 96th Legislature | Chaptered
Bill Title: Criminal procedure; expunction; eligibility requirements for setting aside convictions; revise. Amends sec. 1 of 1965 PA 213 (MCL 780.621).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-06-28 - Assigned Pa 0064'11 With Immediate Effect [SB0159 Detail]
Download: Michigan-2011-SB0159-Chaptered.html
Act No. 64
Public Acts of 2011
Approved by the Governor
June 23, 2011
Filed with the Secretary of State
June 23, 2011
EFFECTIVE DATE: June 23, 2011
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2011
Introduced by Senator Jones
ENROLLED SENATE BILL No. 159
AN ACT 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 2002 PA 472.
The People of the State of Michigan enact:
Sec. 1. (1) Except as provided in subsection (2), a person who is convicted of not more than 1 offense may file an application with the convicting court for the entry of an order setting aside the conviction. A person who is otherwise eligible to file an application under this section is not rendered ineligible by virtue of being convicted of not more than 2 minor offenses in addition to the offense for which the person files an application.
(2) A person shall not apply to have set aside, and a judge shall not set aside, a conviction for a felony for which the maximum punishment is life imprisonment or an attempt to commit a felony for which the maximum punishment is life imprisonment, a conviction for a violation or attempted violation of section 145c, 145d, 520c, 520d, or 520g of the Michigan penal code, 1931 PA 328, MCL750.145c, 750.145d, 750.520c, 750.520d, and 750.520g, or a conviction for a traffic offense.
(3) An application shall not be filed until at least 5 years following imposition of the sentence for the conviction that the applicant seeks to set aside or 5 years following completion of any term of imprisonment for that conviction, whichever occurs later.
(4) The application is invalid unless it contains the following information and is signed under oath by the person whose conviction is to be set aside:
(a) The full name and current address of the applicant.
(b) A certified record of the conviction that is to be set aside.
(c) A statement that the applicant has not been convicted of an offense other than the conviction sought to be set aside as a result of this application, and not more than 2 minor offenses, if applicable.
(d) A statement as to whether the applicant has previously filed an application to set aside this or any other conviction and, if so, the disposition of the application.
(e) A statement as to whether the applicant has any other criminal charge pending against him or her in any court in the United States or in any other country.
(f) A consent to the use of the nonpublic record created under section 3 to the extent authorized by section 3.
(5) The applicant shall submit a copy of the application and 2 complete sets of fingerprints to the department of state police. The department of state police shall compare those fingerprints with the records of the department, including the nonpublic record created under section 3, and shall forward a complete set of fingerprints to the federal bureau of investigation for a comparison with the records available to that agency. The department of state police shall report to the court in which the application is filed the information contained in the department’s records with respect to any pending charges against the applicant, any record of conviction of the applicant, and the setting aside of any conviction of the applicant and shall report to the court any similar information obtained from the federal bureau of investigation. The court shall not act upon the application until the department of state police reports the information required by this subsection to the court.
(6) The copy of the application submitted to the department of state police under subsection (5) shall be accompanied by a fee of $50.00 payable to the state of Michigan which shall be used by the department of state police to defray the expenses incurred in processing the application.
(7) A copy of the application shall be served upon the attorney general and upon the office of the prosecuting attorney who prosecuted the crime, and an opportunity shall be given to the attorney general and to the prosecuting attorney to contest the application. If the conviction was for an assaultive crime or a serious misdemeanor, the prosecuting attorney shall notify the victim of the assaultive crime or serious misdemeanor of the application pursuant to section 22a or 77a of the William Van Regenmorter crime victim’s rights act, 1985 PA 87, MCL 780.772a and 780.827a. The notice shall be by first-class mail to the victim’s last known address. The victim has the right to appear at any proceeding under this act concerning that conviction and to make a written or oral statement.
(8) Upon the hearing of the application the court may require the filing of affidavits and the taking of proofs as it considers proper.
(9) If the court determines that the circumstances and behavior of the applicant from the date of the applicant’s conviction to the filing of the application warrant setting aside the conviction and that setting aside the conviction is consistent with the public welfare, the court may enter an order setting aside the conviction. The setting aside of a conviction under this act is a privilege and conditional and is not a right.
(10) As used in this section:
(a) “Assaultive crime” means that term as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a.
(b) “Minor offense” means a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 90 days, for which the maximum permissible fine does not exceed $1,000.00, and that is committed by a person who is not more than 21 years of age.
(c) “Serious misdemeanor” means that term as defined in section 61 of the William Van Regenmorter crime victim’s rights act, 1985 PA 87, MCL 780.811.
(d) “Victim” means that term as defined in section 2 of the William Van Regenmorter crime victim’s rights act, 1985 PA 87, MCL 780.752.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
