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MI HB5912

Bill

Status

Introduced

3/16/2022

Primary Sponsor

David LaGrand

Click for details

Origin

House of Representatives

101st Legislature

AI Summary

  • Sets 7-year waiting period before filing application to set aside multiple felony convictions, calculated from the latest of: sentence imposition, probation completion, parole discharge, or imprisonment completion.

  • Establishes 5-year waiting period for applications to set aside one or more serious misdemeanor convictions, one first violation operating while intoxicated offense, or one felony conviction, using the same event-based calculation method.

  • Requires 3-year waiting period for applications to set aside one or more misdemeanor convictions (other than serious misdemeanors or assaultive crimes), calculated from the latest qualifying event.

  • Specifies that time period calculation must be done by counting backward from application date to the date of applicant's latest conviction, and applicant cannot have any new convictions during the required waiting period.

  • Allows applications under human trafficking victim provisions to be filed at any time following conviction date and permits re-filing of denied petitions only after 3 years unless court specifies earlier date.

Legislative Description

Criminal procedure: expunction; time period after certain events applicant must wait to petition to set aside a conviction; modify. Amends sec. 1d 1965 PA 213 (MCL 780.621d).

Criminal procedure: records

Last Action

Bill Electronically Reproduced 03/17/2022

3/17/2022

Committee Referrals

Judiciary3/16/2022

Full Bill Text

No bill text available