Signed by Governor Gretchen Whitmer

Vote Smart's Synopsis:

Vote to pass a bill that extends the time for filing an application to set aside a first violation OWI offense from 3 to 5 years.

Highlights:

• Specifies an application to set aside more than one felony conviction will only be filed 7 or more years after whichever of the following events occurs last (Sec. 1):

• Imposition of the sentence for the convictions that the applicant seeks to set aside;

• Completion of any term of felony probation imposed for the convictions that the applicant seeks to set aside;

• Discharge from parole is imposed for the convictions that the applicant seeks to set aside; and

• Completion of any term of imprisonment imposed for the convictions that the applicant seeks to set aside.

• Prohibits a court from entering an order setting aside a conviction or convictions unless all of the following apply (Sec. 4):

• The applicable time period required under subsection (1), (2), or (3) has elapsed;

• There are no criminal charges pending against the applicant;

• The applicant has not been convicted of any criminal offense during the applicable time period required under subsection (1), (2), or (3).

• Specifies if a petition under this act is denied by the convicting court, a person will not file another petition concerning the same conviction or convictions with the convicting court until 3 years after the date the convicting court denies the previous petition, unless the court specifies an earlier date for filing another petition in the order denying the petition (Sec. 5).

• Establishes an application is invalid unless it includes, but is not limited to, the following information and is signed under oath by the person whose conviction is or convictions are to be set aside (Sec. 7):

• The full name and current address of the applicant;

• A certified record of each conviction is to be set aside;

• For an application under section 1(1), a statement that the applicant has not been convicted of an offense during the applicable time period required under subsection (1), (2), or (3); and

• A statement listing all actions enumerated in section 1(2) that were initiated against the applicant and have been dismissed.

• Requires the applicant to submit a copy of the application and 1 complete set of fingerprints to the department of state police. The department of state police will compare those fingerprints with the records of the department, including the nonpublic record created under section 3, and will forward an electronic copy of a complete set of fingerprints to the Federal Bureau of Investigation for a comparison with the records available to that agency (Sec. 8).

• Requires the copy of the application submitted to the department of state police to be accompanied by a fee of $50 payable to the state of Michigan that must be used by the department of state police to defray the expenses incurred in processing the application (Sec. 9).

• Specifies if the court determines that the circumstances and the behavior of an applicant, from the date of the applicant's conviction or convictions to the filing of the application warrant setting aside the conviction or convictions, and that setting aside the conviction or convictions is consistent with the public welfare, the court may enter an order setting aside the conviction or convictions (Sec. 13).

Full Bill Text