Vote Smart's Synopsis:

Vote to pass a bill that authorizes first-time offenders for driving while intoxicated to apply for criminal records expungement from a judge.

Highlights:

• Prohibits a person from applying to have set aside, and a judge cannot set aside, a conviction for any of the following (Sec. 1c-1):

• A felony for which the maximum punishment is life imprisonment or an attempt to commit a felony for which the maximum punishment is life imprisonment;

• A violation or attempted violation of section 136b(3), 136d(1)(b) or (c), 145c, 145d, 520c, 520d, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.136b, 750.136d, 750.145c, 750.145d, 750.520c, 750.520d, and 750.520g.

• A violation or attempted violation of section 520e of the Michigan penal code, 1931 PA 328, MCL 750.520e, if the conviction occurred on or after January 12, 2015.

• The following traffic offenses:

• A conviction for operating while intoxicated is committed by any person.

• Any traffic offense committed by an individual with an endorsement on his or her operator's or chauffeur's license to operate a commercial motor vehicle that was committed while the individual was operating the commercial motor vehicle or was in another manner a commercial motor vehicle violation.

• Any traffic offense that causes injury or death.

• A felony conviction for domestic violence, if the person has a previous misdemeanor conviction for domestic violence.

• A violation of former section 462i or 462j or chapter LXVIIA or chapter LXXXIII-A of the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h and 750.543a to 750.543z.

• Specifies the prohibition on setting aside a conviction for operating while intoxicated does not apply to a conviction for a first violation operating while intoxicated offense if the person applying to have the first violation operating while intoxicated offense conviction set aside has not previously applied to have and had a first violation operating while intoxicated offense conviction set aside under this act (Sec. 1c-3).

• Establishes in deciding whether to grant the petition to set aside a first violation operating while intoxicated offense conviction the reviewing court may consider whether or not the petitioner has benefited from rehabilitative or educational programs if any were ordered by the sentencing court, or whether such steps were taken by the petitioner before sentencing for the first violation operating while intoxicated offense conviction he or she is seeking to set aside (Sec. 1c-4).

• Prohibits an order setting aside a conviction for a traffic offense under this act from requiring that the conviction be removed or expunged from the applicant's driving record maintained by the secretary of state as required (Sec. 1c-5).

Full Bill Text