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MI SB0400

Bill

Status

Passed

9/14/2021

Primary Sponsor

Ed McBroom

Click for details

Origin

Senate

101st Legislature

AI Summary

  • Establishes a 7-year waiting period after sentence completion, probation, parole discharge, or imprisonment before applying to set aside multiple felony convictions.

  • 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.

  • 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).

  • 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.

  • 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

Committee Referrals

Judiciary5/5/2021
Judiciary And Public Safety4/28/2021

Full Bill Text

No bill text available