MI SB1005

Allows persons convicted of operating a motor vehicle while intoxicated under Michigan Vehicle Code section 625(1) or (3) to petition for setting aside the conviction after 20 years have elapsed since their most recent criminal conviction and all fines and restitution have been paid.

Permits persons convicted of human trafficking-related crimes under sections 448, 449, or 450 of the Michigan Penal Code to apply for conviction set-aside at any time if they can prove by preponderance of the evidence the conviction resulted directly from being a human trafficking victim.

Clarifies that convictions deferred and dismissed under specified Michigan statutes (liquor control, revised judicature act, criminal procedure, public health code, and penal code provisions) are treated as misdemeanor convictions for determining set-aside eligibility.

Maintains prohibitions on setting aside convictions for felonies with life imprisonment maximums, certain sexual assault and abuse crimes, human trafficking violations after January 12, 2015, and general traffic offenses unless meeting the 20-year DUI exception.

Requires applicants to submit applications with fingerprints to the Department of State Police for $50 fee, which compares records and forwards information to the Federal Bureau of Investigation before court action.