HB 5238 Summary

• Allows persons convicted of not more than 1 offense to apply to have that conviction set aside, with eligibility not affected by up to 2 additional minor offenses.

• Prohibits setting aside convictions for felonies with maximum life imprisonment, sexual assault offenses (sections 145c, 145d, 520c, 520d, 520g of Michigan Penal Code), and traffic offenses.

• Creates exception allowing victims of human trafficking to apply to set aside convictions for certain offenses (sections 448, 449, 450) committed as a direct result of their trafficking victimization, without the standard 5-year waiting period.

• Requires applicants to submit application to convicting court at least 5 years after sentence imposition or completion of imprisonment (whichever is later), along with fingerprints and $50 fee to Department of State Police for background verification.

• Provides that persons whose convictions are set aside under section 1(1) remain subject to sex offender registration requirements for listed offenses, but those under section 1(3) (human trafficking victims) are not subject to registration.