HB 5120 Summary

• Adds section 1f to the 1965 Criminal Procedure Act (MCL 780.621-780.624) regarding conviction set-asides under section 1e.

• Requires arresting agencies and the Michigan State Police to maintain nonpublic records of set-aside convictions for authorized use under section 3.

• Prohibits applicants whose convictions are set aside from seeking resentencing in other criminal cases where the set-aside conviction was used in the original sentencing, even if setting it aside would have changed prior record scoring under sentencing guidelines.

• Allows parties to seek rehearing, reconsideration, or appeal of set-aside rulings through applicable court procedures.

• Specifies that conviction set-asides do not entitle applicants to return of fines, costs, fees, or forfeited money or property.