New Michigan Expungement Law Proposed
Under Public Act 213 of 1965, a person with only one criminal conviction may apply to have that conviction set aside. To apply, the person must wait at least five years from the date of sentencing or the completion of imprisonment, whichever happens to be later. Either a felony or a misdemeanor can apply to the court for an order setting aside the conviction. Certain crimes, such as murder, rape, and traffic offenses are not eligible for expunction.
House Bill No. 4106 would amend Public Act 213 of 1965 to instead allow a person to file an application with the convicting court for an order setting aside one or more convictions as follows:
- A person convicted of one felony offense and not more than two misdemeanor offenses could petition to set aside the felony offense.
- A person convicted of not more than two misdemeanor offenses and no other felony or misdemeanor offenses could apply to have either or both of the misdemeanor convictions set aside.
- A person who had not been convicted of a felony offense but who had been convicted of not more than one misdemeanor offense for causing damage or injury to another person or to property could petition to set aside that misdemeanor conviction.
Currently, an application to set aside a conviction can be made five years after the sentence is imposed or five years after completion of any term of imprisonment imposed for that conviction, whichever is later. House Bill No. 4106 would revise these time limitations. The proposed bill, would require a person to wait until at least five years after the imposition of the sentence, or five years after the completion of the probation or discharge from parole imposed for that felony or misdemeanor, or at least five years after completing imprisonment for that conviction, whichever occurred later.
Lastly, House Bill No. 4106 would add to the list of offenses that could not be set aside, a conviction that is a felony involving domestic violence if the person had a prior misdemeanor conviction for domestic violence.
Please see the update about the progress on this bill at http://www.recordclearing.org/news/set-back-for-michigan-expungement-law/