780.621 Application for order setting aside conviction; felony or misdemeanor conviction; setting aside of certain convictions prohibited; victim of human trafficking violation; definitions. Sec. 1. (1) Except as otherwise provided in this act, a person who is convicted of 1 or more criminal offenses may file an application with the convicting court for the entry […]
780.621a Definitions. Sec. 1a. As used in this act: (a) “Conviction” means a judgment entered by a court upon a plea of guilty, guilty but mentally ill, or nolo contendere, or upon a jury verdict or court finding that a defendant is guilty or guilty but mentally ill. (b) “Traffic offense” means a violation of […]
780.621b Setting aside multiple criminal offenses arising out of same transaction; exceptions. Sec. 1b. (1) For purposes of a petition to set aside a conviction under section 1 or 1e, more than 1 felony offense or more than 1 misdemeanor offense must be treated as a single felony or misdemeanor conviction if the felony or […]
780.621c Prohibition on setting aside convictions for certain criminal cases; applicability to MCL 780.621g; inapplicable to secretary of state driving record. Sec. 1c. (1) A person shall not apply to have set aside, and a judge shall not set aside, a conviction for any of the following: (a) A felony for which the maximum punishment […]
780.621d Application and procedures for setting aside felonies and serious misdemeanor convictions. Sec. 1d. (1) An application under section 1 to set aside more than 1 felony conviction shall only be filed 7 or more years after whichever of the following events occurs last: (a) Imposition of the sentence for the convictions that the applicant […]
780.621e Application to set aside misdemeanor marihuana offenses; requirements; rebuttable presumption; order; “misdemeanor marihuana offense” defined. Sec. 1e. (1) Beginning on January 1, 2020, a person convicted of 1 or more misdemeanor marihuana offenses may apply to set aside the conviction or convictions under this subsection. (2) An application under subsection (1) must contain all […]
780.621f Procedures for setting aside certain marihuana offenses under MCL 780.621e. Sec. 1f. (1) If an application to set aside a conviction or convictions under section 1e is granted, the arresting agency and the department of the state police shall maintain the nonpublic record created under section 3 for use as authorized under section 3. […]
780.621g Setting aside certain convictions without application; requirements; exceptions; implementation date; reinstatement; “crime of dishonesty” defined. Sec. 1g. (1) Beginning 2 years after the effective date of the amendatory act that added this section and subject to any necessary appropriation, a misdemeanor conviction for an offense for which the maximum punishment is imprisonment for not […]
780.621h Reinstatement of conviction set aside without application. Sec. 1h. (1) Upon the occurrence of 1 of the circumstances under subsection (2) or (3), a conviction that was set aside by operation of law under section 1g shall be reinstated by the court as provided in this section. (2) If it is determined that a […]
780.621i Michigan set aside fund; creation; expenditures. Sec. 1i. (1) The Michigan set aside fund is created within the state treasury. (2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to […]
780.622 Entry of order; effect; use of set aside conviction; “applicant” defined. Sec. 2. (1) Upon the entry of an order under section 1 or 1e, or upon the automatic setting aside of a conviction under section 1g, the applicant, for purposes of the law, is considered not to have been previously convicted, except as […]
780.623 Sending copy of order to arresting agency and department of state police; retention and availability of nonpublic record of order and other records; providing copy of nonpublic record to person whose conviction set aside; fee; nonpublic record exempt from disclosure; prohibited conduct; misdemeanor; penalty; liability; “victim” defined. Sec. 3. (1) Upon the entry of […]
780.624 Setting aside of convictions; limitation. Sec. 4. Except as provided in sections 1, 1e, and 1g, a person may have only 1 conviction set aside under this act. History: Add. 1982, Act 495, Eff. Mar. 30, 1983 ;– Am. 2014, Act 335, Eff. Jan. 14, 2015 ;– Am. 2020, Act 193, Eff. Apr. 11, […]
