MI SB1148

Allows persons exonerated of criminal convictions to have those convictions automatically set aside without filing an application, effective January 1, 2021.

Defines "exonerated" as official clearance through reversal or vacation of judgment, dismissal of charges, acquittal, or gubernatorial pardon based on new evidence of innocence.

Permits one felony conviction to be set aside if person has not more than 2 misdemeanor convictions, or permits up to 2 misdemeanor convictions to be set aside if no other felony or misdemeanor convictions exist.

Restricts set-asides for certain crimes including life felonies, sexual offenses, domestic violence felonies with prior misdemeanor domestic violence convictions, and operating while intoxicated offenses.

Allows convictions for human trafficking-related offenses (sections 448, 449, 450 of Michigan Penal Code) to be set aside at any time if applicant proves by preponderance of evidence the conviction resulted directly from being a human trafficking victim.