Signed by Governor Gretchen Whitmer

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the expungement of misdemeanor traffic records for juvenile offenders.

Highlights:

• Specifies that a minor can have one adjudication for an offense that would be a felony if committed by an adult and no more than 2 adjudications for an offense that would be a misdemeanor if committed by an adult (Sec. 18e).

• Specifies that multiple adjudications arising out of a series of acts that were in a continuous-time sequence of 12 hours or less and that displayed a single intent and goal, constitute 1 offense (Sec. 18e).

• Establishes procedures for an application for adjudication (Sec. 18e).

• Requires the adjudicating court or adjudicating courts must locate any court records or documents necessary to conduct a hearing under this section (Sec. 18e).

• Specifies that an order setting aside adjudication for a traffic offense under this bill must not require that the conviction be removed or expunged from the applicant's driving record (Sec. 18e).

• Requires adjudication to be set aside under this bill without filing an application beginning 2 years after the effective date of the amendatory act (Sec. 18t).

• Establishes that upon entry of an order, the person is considered not to have been previously adjudicated, and is as follows (Sec. 18t):

• The person is not entitled to the remission of any fine, or cost as a consequence of adjudication which is set aside;

• The section does not affect the right of a victim of an offense to prosecute or defend a civil action for damages and;

• Research on the utilization and effectiveness of the set-aside process.

• Requires the department of police to retain a nonpublic record of the order setting aside adjudication for a juvenile offense, which will be available only to the following (Sec. 18t):

• A court of complete jurisdiction;

• An agency of the judicial branch of state government;

• A law enforcement agency;

• A prosecuting attorney;

• The attorney general; or

• The governor.

• Authorizes the governor to issue a directive delaying the implementation of this section for up to180 days that if they determines that the process for setting aside an adjudication without an application under this section cannot be implemented by the date required (Sec. 18t).

• Authorizes the attorney general, the state court administrator, or the director of the department of state police to recommend a delay of implementation to the governor (Sec. 18t).

Full Bill Text