SB 681 Summary

• Expands eligibility for setting aside juvenile adjudications to include up to 1 felony offense and up to 3 misdemeanor offenses (previously more restrictive limits), with exceptions for assaultive crimes, weapons offenses, and crimes with maximum penalties of 10+ years imprisonment.

• Creates automatic set-aside process for juvenile adjudications 2 years after termination of court supervision or when person turns 18 years old, whichever is later, without requiring applicant to file an application.

• Excludes certain serious offenses from automatic set-aside including human trafficking-related crimes, sex offenses, and violations of specific sections of the Michigan penal code related to criminal sexual conduct and exploitation.

• Requires court to set aside adjudications (without discretion) for violations of MCL 750.413 or sections 448-450 if offense resulted from being a human trafficking victim.

• Maintains nonpublic records of set-aside adjudications accessible only to courts, law enforcement, prosecutors, and other specified government entities for employment, licensing, sentencing, and pardon considerations.

• Effective date: July 3, 2021.