Vote Smart's Synopsis:

Vote to pass a bill that authorizes drivers with a conviction of operating a vehicle while intoxicated eligible to remove their first offense from the record books, as long as it didn't lead to the death or serious injury of a victim.

Highlights:

• Defines "first violation operating while intoxicated offense" as a violation of any of the following committed by an individual who at the time of the violation has no prior convictions for violating section 625 of the Michigan vehicle code (Sec. 4.d).

• Establishes a person who is convicted of 1 or more criminal offenses to file an application with the convicting court for the entry of an order setting aside 1 or more convictions as follows (Sec. 1-1):

• A person convicted of 1 or more criminal offenses, but not more than a total of 3 felony offenses, in this state, may apply to have all of his or her convictions from this state set aside;

• An applicant may not have more than a total of 2 convictions for an assaultive crime set aside under this act during his or her lifetime;

• An applicant may not have more than 1 felony conviction for the same offense set aside under this section if the offense is punishable by more than 10 years imprisonment;

• A person who is convicted of a violation or an attempted violation of section 520e of the Michigan penal code, 1931 PA 328, MCL 750.520e, before January 12, 2015, can petition the convicting court to set aside the conviction if the individual has not been convicted of another offense other than not more than 2 minor offenses. As used in this subdivision, "minor offense" means a misdemeanor or ordinance violation to which all of the following apply:

• The maximum permissible term of imprisonment does not exceed 90 days.

• The maximum permissible fine is not more than $1,000.00.

• The person who committed the offense is not more than 21 years old.

• Establishes A conviction that was deferred and dismissed under any of the following, whether a misdemeanor or a felony, is considered a misdemeanor conviction under subsection (1) for purposes of determining whether a person is eligible to have any conviction set aside under this act (Sec. 1-2):

• Section 703 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703.

• Section 1070(1)(b)(i) or 1209 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1070 and 600.1209.

• Section 13 of chapter II or section 4a of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 762.13 and 769.4a.

• Section 7411 of the public health code, 1978 PA 368, MCL 333.7411.

• Section 350a or 430 of the Michigan penal code, 1931 PA 328, MCL 750.350a and 750.430.

• Any other law or laws of this state or of a political subdivision of this state similar in nature and applicability to those listed in this subsection that provides for the deferral and dismissal of a felony or misdemeanor charge.

• Establishes a person who is convicted of a violation of section 448, 449, or 450 of the Michigan penal code, 1931 PA 328, MCL 750.448, 750.449, and 750.450, or a local ordinance substantially corresponding to section 448, 449, or 450 of the Michigan penal code, 1931 PA 328, MCL 750.448, 750.449, and 750.450, may apply to have that conviction set aside if he or she committed the offense as a direct result of his or her being a victim of a human trafficking violation (Sec. 1-3).

Full Bill Text