Criminal procedure: expunction; criminal convictions that may be set aside on grounds of being a victim of human trafficking; expand. Amends sec. 1 of 1965 PA 213 (MCL 780.621).

2025-2026 Regular Session Introduced by Kelly Breen and 19 co-sponsors

Expands eligibility to set aside prostitution-related convictions for trafficking victims, helping them clear records and improve housing, employment, and licensing access.

bill electronically reproduced 09/18/2025

#crimevictims:other #crimes:humantrafficking #criminalprocedure:expunction #criminalprocedure:other

Main purpose / intent

HB 5009 expands eligibility to have criminal convictions set aside (commonly called expunction or setting aside a conviction) for individuals who committed certain offenses as a direct result of being a victim of human trafficking. The bill amends section 1 of 1965 PA 213 (MCL 780.621) to add explicit relief for trafficking victims and clarifies related eligibility limits and definitions.

Key provisions

Adds a new subsection permitting a person convicted under specified prostitution-related statutes (MCL 750.448, 750.449, 750.450) — or a local ordinance substantially corresponding to those statutes — to apply to have the conviction set aside if the offense was committed as a direct result of being a victim of a “human trafficking violation.”

Retains overall numerical and categorical limits on relief in subsection (1): generally a person convicted of one or more offenses (but not more than a total of three felonies) may apply to set aside convictions; lifetime limits on assaultive crimes (no more than two set-asides for assaultive crimes); and a cap of one felony conviction set aside for the same offense if it carries potential imprisonment over 10 years.

Creates or clarifies statutory definitions used for eligibility (examples shown in the bill text):

“Human trafficking violation” — references chapter LXVIIA (MCL 750.462a–750.462h).
“Assaultive crime” — includes specified statutory violent offenses and other violent felonies.
Definitions of “felony,” “misdemeanor,” “operating while intoxicated,” and related terms, for consistent application of eligibility limits.

Preserves exclusions where set-aside is prohibited by other statutory sections (e.g., convictions excluded under section 1c).

Who is affected

Primary beneficiaries: persons who committed certain offenses (notably prostitution-related offenses) as a direct result of being victims of human trafficking — they may now seek to have those convictions set aside.

Courts: increased petitions under MCL 780.621 and the need to adjudicate claims that an offense was committed as a result of trafficking.

Criminal record users (employers, licensing boards) — successful petitions reduce the public effect of covered convictions.

Procedural / timeline notes

Statute amended: section 1 of 1965 PA 213 (MCL 780.621).

Bill introduction / status: introduced in 2025 (documents show both March 13, 2025 filing and a House-introduced version electronically reproduced 09/18/2025 by Rep. Kelly Breen). As of 09/18/2025 the bill was read a first time and referred to the House Judiciary Committee. SB 3009 is listed as a companion.

No fiscal impact estimate is included in the bill text provided.

Practical effect

If enacted, HB 5009 would broaden avenues for trafficking victims to clear certain criminal records tied to their exploitation, potentially improving access to housing, employment, education, and licensing. Courts will be required to evaluate claim-specific factual showings that the offense resulted directly from human trafficking.

Bill