HB 6158 Summary

• Allows persons convicted of one or more criminal offenses to petition the court to set aside convictions: up to 1 felony and 2 misdemeanors, or up to 2 misdemeanors alone, after 5 or more years following sentence completion, probation completion, parole discharge, or imprisonment completion.

• Permits persons convicted before January 12, 2015 of violating MCL 750.520e (certain sexual conduct offenses) to petition to set aside the conviction if they have no other convictions except up to 2 minor offenses (max 90 days imprisonment, $1,000 fine, and offender age 21 or under).

• Allows any person to petition to set aside any crime conviction at any time if they prove by preponderance of evidence the offense resulted directly from being a victim of human trafficking, with exceptions for life felonies and enumerated sex/trafficking offenses.

• Prohibits setting aside convictions for: life felonies, specific sex crimes, traffic offenses including DUI, certain domestic violence felonies, and violations related to organized crime or human trafficking committed on or after January 12, 2015.

• Requires applicants to submit fingerprints and $50 fee to state police; mandates notice to prosecutors and victims of assaultive crimes; allows prosecutors and victims to contest applications; takes effect 90 days after enactment.