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HB 6236

Criminal procedure: expunction; expungement of domestic violence convictions; prohibit. Amends sec. 1c of 1965 PA 213 (MCL 780.621c).

2023-2024 Regular Session Introduced by Graham Filler and 1 co-sponsor

HB 6236 tightens expungement; bars setting aside for most serious felonies, DV, and listed violent/sexual offenses plus some traffic crimes, with a narrow first-OWI rehab exception.

bill electronically reproduced 12/04/2024
#crimes:domesticviolence #criminalprocedure:expunction
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Bill Summary · HB 6236

Summary — HB 6236 (House Introduced Bill)

  • Bill number: HB 6236
  • Title: Criminal procedure: expunction; expungement of domestic violence convictions; prohibit. (Amends MCL 780.621c)
  • Sponsors / Introduced: Reps. Jimmie Wilson and Filler. Introduced 12/04/2024; first read 12/04/2024.
  • Status (as of provided record): Referred to Committee on Criminal Justice; public hearing held 02/25/2025. Bill text electronically reproduced 12/04/2024.

Purpose / Intent

HB 6236 narrows eligibility for "setting aside" convictions (commonly called expungement or expunction under Michigan law) by adding or clarifying categories of convictions that an individual may not apply to have set aside. The stated intent is to prohibit relief for certain serious offenses, including specific violent and sexual offenses, certain traffic offenses, and specified domestic violence convictions.

Key provisions and changes

  • Amends section 1c of 1965 PA 213 (MCL 780.621c) to list convictions that may not be set aside.
  • Prohibits setting aside convictions for:
    • Any felony (or attempt) carrying a maximum penalty of life imprisonment.
    • Convictions (or attempts) for specified Michigan Penal Code sections (MCL 750.136b, 750.136d, 750.145c, 750.145d, 750.520c, 750.520d, 750.520g) and for MCL 750.520e if the conviction occurred on or after January 12, 2015. (These listed sections relate to certain assault/sexual and related offenses.)
    • Specified traffic-related convictions, including:
    • Operating while intoxicated (OWI) generally, with a limited exception described below.
    • Any traffic offense committed while operating a commercial motor vehicle while holding a commercial endorsement.
    • Any traffic offense that causes injury or death.
    • A felony domestic violence conviction if the person has a prior misdemeanor domestic violence conviction.
    • Certain formerly numbered statutory provisions (former sections 462i or 462j and related chapters).
  • Applies the prohibition both to applications by persons and to non-application/automatic set-asides under section 1g.
  • OWI exception: a first OWI conviction may be set aside on application if the applicant has not previously sought and received a set-aside for a first OWI. Such convictions are not eligible for automatic set-aside under section 1g.
  • In ruling on a first-OWI set-aside petition, the court may consider whether the petitioner participated in or benefited from rehabilitative/educational programming; the court is not limited to the sentencing record and may deny the petition if unpersuaded of rehabilitation.
  • Orders setting aside traffic convictions must not require removal of the conviction from the Secretary of State driving record (per Michigan vehicle code requirements).

Who would be affected

  • People with convictions seeking to have convictions set aside (particularly individuals with felony domestic violence convictions who have prior misdemeanor domestic violence convictions; people with convictions under the listed Penal Code sections; individuals with OWI convictions; commercial drivers).
  • Courts reviewing set-aside petitions would apply the new prohibitions and the rehabilitation considerations for first OWI petitions.
  • Employers, licensing boards, victims, and background-check users may see fewer records eligible for expunction.
  • Michigan Secretary of State: traffic convictions set aside under the act are still retained on driving records as required by law.

Procedural / timeline notes

  • Introduced 12/04/2024; referred to Committee on Criminal Justice the same day. Public hearing held 02/25/2025 according to the legislative actions listed.
  • The bill amends MCL 780.621c as last amended by 2021 PA 79.

Implications to consider

  • The bill limits expungement options for many serious offenses and establishes a more restrictive policy toward sealing certain records, especially for repeat domestic violence offenders and many violent/sexual offenses.
  • It preserves a limited pathway for first-time OWI relief subject to judicial discretion and rehabilitation review, while ensuring driving records remain intact for state motor-vehicle purposes.

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

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