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HB 4980 - Establishes Automatic System to Expunge Criminal Records for Certain Convictions - Michigan Key Vote

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Legislation - Bill Passed (House) (95-13) - (Key vote)
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Title: Establishes Automatic System to Expunge Criminal Records for Certain Convictions

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Vote Smart's Synopsis:

Vote to pass a bill that establishes an automatic system to expunge the criminal records for certain convictions.

Highlights:

 

  • Specifies that a felony conviction has to be set aside without the filing of an application, starting two years after the effective date of this section’s passage (Sec. 1).

  • Specifies that ten years have to pass after the imposition and completion of any term of imprisonment for the felony conviction in order for the conviction to be set aside (Sec. 1).

  • Establishes that a misdemeanor conviction must be set aside without the filing of an application, starting two years after the effective date of this section’s passage (Sec. 1).

  • Specifies that seven years have to pass after the imposition of the sentence in order for the misdemeanor to be set aside (Sec. 1).

  • Requires that the following be met in order for a misdemeanor or felony conviction to be set aside (Sec. 1):

    • The total number of felonies set aside does not exceed two and misdemeanors set aside does not exceed four;

    • There are no pending criminal charges against the individual;

    • The individual has not been convicted of any criminal offense during the wait period; and

    • The individual has not been convicted of more than one assaultive crime.

  • Authorizes the governor to delay a conviction being set aside for an individual for 180 days, and if necessary, an additional 180 days, if the governor, attorney general, state court administrator, department of state police, and a designated nongovernmental technical consultant agree in writing that implementation cannot be achieved by the date required due to technical limitations (Sec. 1).

  • Specifies that an individual whose conviction is set aside automatically consents to the creation of a nonpublic record of conviction (Sec. 1).

  • Specifies that the following convictions cannot be set aside (Sec. 1):

    • An assaultive crime

    • A serious misdemeanor;

    • A crime of dishonesty;

    • Any offense punishable by ten or more years’ imprisonment;

    • A violation of the laws of this state listed under chapter XVII of the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69, which involve a minor, vulnerable adult, injury or serious impairment, death, or any violation related to human trafficking.

  • Requires the department of technology, management, and budget to develop and maintain a computer-based program for the setting aside of convictions, and authorizes contracting with a private technical consultant as needed (Sec. 1).

  • Defines a"crime of dishonesty" as a felony violation of chapters XXVA and XLI, felony violations of  sections 174, 174a, 175, 176, 180, and 181 of the Michigan penal code, 1931 PA 328, MCL 750.159f to 750.159x, 750.248 to 750.265a, 750.174, 750.174a, 750.175, 750.176, 750.180, and 750.181, and a violation of 1979 PA 53, MCL 752.791 to 752.797 (Sec. 1).

  • Specifies that this act does not relieve obligations to pay restitution nor does it affect the enforcement of an order for restitution (Sec. 1).

  • Establishes that any convictions set aside may not be used in an action for negligent hiring, admission, or licensure against a person (Sec. 1).

  • Specifies that a conviction set aside may be considered a prior conviction for the purposes of charging a crime as a second offense (Sec. 1).

Legislation - Introduced (House) -

Title: Establishes Automatic System to Expunge Criminal Records for Certain Convictions

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