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MI HB5018

Bill

Status

Introduced

9/26/2013

Primary Sponsor

Thomas Leonard

Click for details

Origin

House of Representatives

97th Legislature

AI Summary

  • Allows a person convicted of not more than one offense to apply to the court to set aside the conviction, with eligibility not affected by up to 2 additional minor offenses.

  • Prohibits setting aside convictions for felonies with maximum punishment of life imprisonment, attempts at such felonies, specified sexual assault or child abuse offenses (MCL 750.145c, 750.145d, 750.520c, 750.520d, 750.520g), or traffic offenses.

  • Requires applicants to wait at least 5 years after sentencing or completion of imprisonment, whichever is later, before filing an application.

  • Removes the requirement to serve the Attorney General with the application, requiring service only upon the prosecuting attorney who prosecuted the crime.

  • Requires applicants to submit fingerprints and pay a $50 fee to the Department of State Police for background comparison with state and federal records before the court may act on the application.

Legislative Description

Criminal procedure; expunction; requirement for attorney general review of a set-aside application; eliminate. Amends sec. 1 of 1965 PA 213 (MCL 780.621).

State agencies (existing), attorney general

Last Action

Printed Bill Filed 09/27/2013

10/1/2013

Committee Referrals

Criminal Justice9/26/2013

Full Bill Text

No bill text available