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MI SB0970

Bill

Status

Engrossed

12/13/2024

Primary Sponsor

Sylvia Santana

Click for details

Origin

Senate

102nd Legislature

AI Summary

  • Creates a new pathway (Section 1j) for individuals convicted of felonies before age 18 to petition for conviction set-aside after 15 years post-release from incarceration, if they meet conditions including successful discharge from Department of Corrections, no subsequent convictions, and demonstrated community standing.

  • Allows multiple felony or misdemeanor convictions from the same transaction within 24 hours to be treated as a single conviction for set-aside purposes under specified conditions, including when paired with a felony conviction under Section 1j.

  • Establishes eligibility restrictions preventing set-aside of certain convictions including those with life imprisonment maximum penalty, sex offenses, operating while intoxicated (with limited exception for first-time offenders), and domestic violence felonies with prior misdemeanor conviction.

  • Requires applicants under Section 1j to submit comprehensive documentation including resume, reference letters, academic credentials, driving record, and pay a $150 fee to the Michigan set aside fund; allows reapplication one year after denial.

  • Maintains confidential state police records of set-aside convictions accessible only to courts, law enforcement, prosecution, corrections, and governor for specified purposes including employment decisions and sex offender registration compliance determinations.

Legislative Description

Criminal procedure: expunction; procedures and eligibility for the expungement of certain records; provide for. Amends secs. 1b, 1c, 1d, 2 & 3 of 1965 PA 213 (MCL 780.621b et seq.); adds sec. 1j & repeals sec. 4 of 1965 PA 213 (MCL 780.624).

Criminal procedure: expunction

Last Action

Referred To Committee On Government Operations

12/13/2024

Committee Referrals

Government Operations12/13/2024
Civil Rights, Judiciary, And Public Safety7/30/2024

Full Bill Text

No bill text available