Michigan Compiled Laws — SETTING ASIDE CONVICTIONS (Act 213 of 1965)

Application for order setting aside conviction; felony or misdemeanor conviction; setting aside of certain convictions prohibited; victim of human trafficking violation; definitions.

(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 of an order setting aside 1 or more convictions as follows: (a) Except as provided in subdivisions (b) and (c), a person convicted of 1 or more criminal…

Definitions.

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 the Michigan vehicle code, Act No. 300 o…

Setting aside multiple criminal offenses arising out of same transaction; exceptions.

(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 misdemeanor convictions were contemporaneous such that all of the felony or misdemeanor offenses occ…

Prohibition on setting aside convictions for certain criminal cases; applicability to MCL 780.621g; inapplicable to secretary of state driving record.

(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 is life imprisonment or an attempt to commit a felony for which the maximum punishment is life imprisonment. (b) A violation or attempted violation of sec…

Application and procedures for setting aside felonies and serious misdemeanor convictions.

(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 seeks to set aside. (b) Completion of any term of felony probation imposed for the…

Application to set aside misdemeanor marihuana offenses; requirements; rebuttable presumption; order; "misdemeanor marihuana offense" defined.

(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 of the following information: (a) The full name and current address of the applicant. (b)…

Procedures for setting aside certain marihuana offenses under MCL 780.621e.

(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. (2) If an application to set aside a conviction or convictions is gra…

Setting aside certain convictions without application; requirements; exceptions; implementation date; reinstatement; "crime of dishonesty" defined.

(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 more than 92 days is set aside under this section without the filing of an application…

Reinstatement of conviction set aside without application.

(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 conviction was improperly or erroneously set aside under section 1g because the…

Michigan set aside fund; creation; expenditures.

(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 the fund interest and earnings from fund investments…

Entry of order; effect; use of set aside conviction; "applicant" defined.

(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 provided in this section and section 3. (2) The applicant is not entitled to the remission of…

(1) Upon the entry of an order under section 1 or 1e, the court shall send a copy of the order to the arresting agency and the department of state police. (2) The department of state police shall retain a nonpublic record of the order setting aside a conviction, or other notification regarding a conviction that was aut…

Setting aside of convictions; limitation.

Except as provided in sections 1, 1e, and 1g, a person may have only 1 conviction set aside under this act.