Bill
HB 5838
Expands juvenile expungement to offenses from trafficking; allows setting aside up to 1 adult felony and 2 misdemeanors (3 if no juvenile felony), with limits and court discretion.
Status / Timeline
- Introduced: June 25, 2024 (Rep. Carol Glanville, et al.).
- Passed House: December 11, 2024 (Yeas 58, Nays 51; immediate effect).
- Referred: Committee on Government Operations (Dec 18, 2024); later referred to Joint Committee on Appropriations (Jan 22, 2025).
- Legal reference: amends section 18e, Chapter XIIA of the Probate Code (1939 PA 288) — MCL 712A.18e.
Purpose / Intent
- To expand the juvenile “set‑aside” (expungement) eligibility for adjudications entered against juveniles who committed offenses as a direct result of being a victim of human trafficking. The bill removes the current, narrow limitation that effectively confined relief mainly to prostitution‑related adjudications and allows broader access to record‑sealing for trafficking victims.
Key provisions and changes
- Expands scope: Allows a juvenile who committed any offense as a direct result of being a victim of a human trafficking violation to petition the adjudicating court to set aside (expunge) that adjudication. Previously only a limited set of prostitution‑related adjudications were eligible.
- Subject to existing numeric and categorical limits in MCL 712A.18e:
- Applicant may not have been adjudicated for more than 1 juvenile offense that would be a felony if committed by an adult and not more than 3 juvenile offenses in total (of which at most 1 may be a felony‑equivalent), and must have no adult felony convictions.
- Can set aside only 1 adjudication that would be an adult felony and up to 2 misdemeanor adjudications (or up to 3 misdemeanors if no juvenile felony adjudication is set aside).
- Exclusions remain: adjudications for offenses punishable by life imprisonment, and convictions under section 2d of the chapter, cannot be set aside under this section.
- Preserves procedural requirements for set‑aside applications:
- Application may be filed only after 1 year from termination of jurisdiction.
- Application must include specified items (certified record, statements under oath), and the applicant must submit fingerprints for state/FBI checks.
- Attorney General/prosecuting attorney must be served and have 35 days to contest.
- Where appropriate, victims must be notified and may appear or submit statements.
- Court retains discretion and must find that applicant’s conduct and circumstances warrant setting aside and that doing so is consistent with the public welfare.
- Technical: Retains existing provisions treating multiple adjudications arising within a continuous 12‑hour sequence as a single offense unless certain serious factors apply (assaultive crime, weapon, or offense punishable by 10+ years).
Who is affected
- Primary beneficiaries: juveniles who committed offenses that were a direct consequence of being victims of human trafficking — they would gain broader access to sealing juvenile records.
- Courts, prosecutors, and the Attorney General: will handle additional petitions and notice/contest procedures.
- Victims of offenses (where identified) retain notification and participation rights.
Potential impact
- Increases opportunities for juvenile trafficking victims to clear or seal adjudications that impede education, employment, and reintegration, while retaining statutory safeguards and court discretion.
- The relief is not automatic — applicants must meet eligibility limits, satisfy procedural steps, and convince the court that setting aside is consistent with public welfare.
Related bills
- HBs 5836, 5837, 5839, and 5840 (companion proposals addressing adult expungement, an affirmative defense for trafficking victims, safe‑harbor procedures, and expert witness qualifications in trafficking cases).
Compiled from official sources — confirm details with the bill’s official record.
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