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MI SB0400
Bill
AI Summary
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Establishes a 7-year waiting period after sentence completion, probation, parole discharge, or imprisonment before applying to set aside multiple felony convictions.
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Requires a 5-year waiting period after sentence completion, probation, parole discharge, or imprisonment before applying to set aside one or more serious misdemeanor convictions, a first operating while intoxicated offense, or one felony conviction.
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Requires a 3-year waiting period after sentence completion, imprisonment, or probation before applying to set aside one or more misdemeanor convictions (excluding serious misdemeanors, operating while intoxicated, and assaultive crimes).
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Mandates that applicants have no pending criminal charges and no new convictions during the applicable waiting period, and submit fingerprints and a $50 fee to the Michigan State Police for background verification before court action.
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Allows immediate application to set aside convictions for victims of human trafficking under section 1(3) if proven by preponderance of evidence; effective date is March 9, 2022, contingent on enactment of House Bills 4219 and 4220.
Legislative Description
Criminal procedure: expunction; time period required to elapse before applying to expunge operating while intoxicated conviction; provide for. Amends sec. 1d of 1965 PA 213 (MCL 780.621d). TIE BAR WITH: HB 4219'21, HB 4220'21
Crimes: intoxication or impairment
Last Action
Assigned Pa 0082'21 With Immediate Effect
9/14/2021