HB 5545 Summary

• Expands eligibility to petition courts to set aside criminal convictions: persons with one felony and up to 2 misdemeanors may petition to set aside the felony; persons with up to 2 misdemeanors and no other felony or misdemeanor convictions may petition to set aside one or both misdemeanors.

• Deferred and dismissed charges under specified statutes (liquor control code, revised judicature act, code of criminal procedure, public health code, and Michigan penal code) are treated as misdemeanor convictions for eligibility purposes.

• Prohibits setting aside convictions for: felonies with life imprisonment maximum, certain sexual assault and sexual abuse crimes, traffic offenses including operating while intoxicated, felony domestic violence with prior misdemeanor domestic violence conviction, and violations of stalking and human trafficking statutes.

• Requires applicants wait 5 years after sentence imposition, probation completion, parole discharge, or imprisonment completion (whichever is latest) before filing petition; denies petitions may be refiled after 3 years unless court specifies earlier date.

• Establishes $50 fee for Department of State Police processing; maintains nonpublic records accessible only to courts, law enforcement, prosecutors, and specified government agencies for limited purposes; violators of confidentiality provisions face up to 90 days imprisonment or $500 fine.