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MI HB4983
Bill
Status
10/13/2020
Primary Sponsor
Yousef Rabhi
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AI Summary
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Establishes a 7-year waiting period after sentence imposition, probation/parole completion, or imprisonment for applicants seeking to set aside more than one felony conviction.
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Requires a 5-year waiting period after sentence imposition, probation/parole completion, or imprisonment for applicants seeking to set aside one or more serious misdemeanors or one felony conviction.
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Sets a 3-year waiting period after sentence imposition, probation/parole completion, or imprisonment for applicants seeking to set aside one or more misdemeanors (excluding assaultive crimes and serious misdemeanors).
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Requires applicants to submit a $50 fee and complete fingerprints to the Michigan State Police for background checks; prohibits courts from approving applications if criminal charges are pending or the applicant was convicted of any offense during the applicable waiting period.
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Mandates prosecutors notify crime victims of assaultive crimes or serious misdemeanors about applications and allows victims to appear and make statements at proceedings; permits courts to deny initial applications and requires a 3-year waiting period before reapplication unless the court specifies an earlier date.
Legislative Description
Criminal procedure: expunction; time period after certain events applicant must wait to petition to set aside a conviction; amend. Amends 1965 PA 213 (MCL 780.621 - 780.624) by adding sec. 1d. TIE BAR WITH: HB 4980'19, HB 4981'19, HB 4982'19, HB 4984'19, HB 4985'19, HB 5120'19
Criminal procedure: records
Last Action
Assigned Pa 190'20 With Immediate Effect
10/13/2020