Michigan: Adult Convictions (MI-C-5)

Prostitution-related convictions can be set aside if the offense was committed as a direct result of the petitioner being a victim of human trafficking. Mich. Comp. Laws § 780.621(3).

Record Detail(s)

Human trafficking offenses

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Set Aside

Ineligible Category or Citation

This section applies only to convictions for violations of sections 750.448, 750.449, and 750.450(prostitution-related offenses), or a local ordinance substantially corresponding to these sections. Mich. Comp. Laws § 780.621.

Procedure General

The petition must be filed in the convicting court. The court can set aside the conviction if the petitioner proves that the conviction was a direct result of being a victim of human trafficking. For the specific procedure, see Mich. Comp. Laws § 780.621.

Fees

There is no statutory language regarding fees.

Effect

The person will be considered as never having been convicted, except for registerable sex offenses. Mich. Comp. Laws § 780.622. The court notifies the agencies that hold the record of the set-aside. Mich. Comp. Laws § 780.623.

Forms

For an application to set aside a criminal record in Michigan, visit here.

Waiting Periods

The petition can be filed at any time.

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