MI HB5542

Allows persons convicted of human trafficking-related crimes (MCL 750.448, 750.449, or 750.450) to petition for conviction set-aside at any time if they can prove by preponderance of evidence the conviction was a direct result of being a human trafficking victim.

Permits persons with not more than 1 felony and 2 misdemeanors to petition for set-aside of the felony conviction, or persons with not more than 2 misdemeanors to petition for set-aside of 1 or both misdemeanor convictions, with a 5-year waiting period after sentence completion.

Prohibits set-aside for certain convictions including felonies with life imprisonment, specified sexual assault offenses, trafficking offenses convicted after January 12, 2015, traffic offenses, and domestic violence felonies with prior domestic violence misdemeanors.

Requires applicants to submit fingerprints and a $50 fee to the Michigan State Police, who must compare records with federal databases and report findings to the court before the court acts on the application.

Mandates notice to victims of assaultive crimes or serious misdemeanors, granting them the right to appear and make written or oral statements at set-aside proceedings.