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HB 5836

AN ACT RELATING TO EDUCATION -- CURRICULUM

2025 Regular Session Introduced by Jose Batista and 9 co-sponsors

HB 5836 lets trafficking victims petition to have any offense set aside if it was committed as a direct result of trafficking, widening expungement but with existing limits.

04/23/2025 Committee recommended measure be held for further study
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Bill Summary · HB 5836

Summary — HB 5836 (As Passed by the House)

Title: Criminal procedure: expunction; criminal convictions that may be set aside on grounds of being a victim of human trafficking; expand. (Amends MCL 780.621)

Purpose / Intent

HB 5836 expands Michigan’s expungement (setting-aside) law to allow people who committed offenses as a direct result of being victims of human trafficking to petition a court to have those convictions set aside. The change recognizes that many offenses committed by trafficking victims arise from coercion or exploitation and seeks to reduce long‑term collateral consequences for those victims.

Key provisions

  • Amends section 1 of the “setting aside convictions” statute (1965 PA 213; MCL 780.621).
  • Adds a new clause (subsection (3) as passed by the House) that permits a person convicted of any crime (not limited to prostitution‑related offenses) to apply to have that conviction set aside if the offense was committed as a direct result of the person being a victim of a “human trafficking violation.”
  • Retains existing eligibility restrictions and limits in the statute, including:
    • A person may not have had more than a total of three felony convictions (for purposes of eligibility).
    • No more than two convictions for an “assaultive crime” may be set aside in a person’s lifetime.
    • No more than one felony conviction for the same offense may be set aside if the offense is punishable by more than 10 years’ imprisonment.
  • Defines “human trafficking violation” to mean a violation of chapter LXVIIA of the Michigan Penal Code (MCL 750.462a–750.462h, and certain former sections).

Who is affected

  • Primary beneficiaries: adult (and, indirectly, juvenile via related bills) victims of human trafficking whose criminal offenses were committed as a direct result of trafficking.
  • Courts: convicting courts will hear expanded petitions claiming trafficking causation.
  • Criminal justice, employment, housing, and licensing systems may see downstream effects as more records can be set aside.

Procedure & status

  • A person must file an application with the convicting court to request an order setting aside convictions (same procedural mechanism as under current law).
  • As passed by the Michigan House (Dec. 11, 2024) with immediate effect; subsequently referred to the Committee on Government Operations (Dec. 18, 2024) and later to the Joint Committee on Appropriations (Jan. 22, 2025). The bill has not become law — next steps include Committee consideration and action by the Senate and the Governor.

Statutory references

  • Amends: MCL 780.621 (1965 PA 213)
  • Human trafficking defined by: MCL 750.462a–750.462h

Practical effect

If enacted, HB 5836 would broaden eligibility for expungement for trafficking victims by allowing any offense caused by trafficking‑related coercion to be set aside (subject to existing caps and exclusions), likely improving survivors’ access to housing, employment, education, and services by reducing criminal‑record barriers.

Compiled from official sources — confirm details with the bill’s official record.

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