HB 5011 — Summary (Juvenile expunction for offenses resulting from human trafficking)
Status & procedural history
- Bill number: HB 5011 (amends MCL 712A.18e, §18e of chapter XIIA of the 1939 Probate Code).
- Filed: March 13, 2025; reintroduced/read first time September 18, 2025 by Rep. Carol Glanville; referred to the House Committee on Judiciary. (Legislative entries also show prior readings and committee referrals in spring 2025.)
- Subject: Juvenile criminal procedure; expunction/setting aside juvenile adjudications that resulted from a person being a victim of human trafficking.
Purpose / intent
- To expand eligibility for setting aside (commonly called expunction or sealing) juvenile adjudications under MCL 712A.18e to include adjudications that arose because the juvenile was a victim of human trafficking. The change is intended to remove or relax barriers that prevent trafficking survivors from clearing juvenile records for acts they committed as a direct result of being trafficked.
Key provisions (what the bill would do)
- Amends section 18e of chapter XIIA (MCL 712A.18e) — the statute governing when and how juvenile adjudications may be set aside.
- Preserves existing procedural safeguards in the statute (application requirements, fingerprint checks, notice to the attorney general and prosecuting attorney, victim notice and hearing rights, and the court’s public-welfare standard for granting relief).
- Adds an explicit ground allowing a juvenile adjudication to be set aside when the offense resulted from the individual being a victim of human trafficking. (The bill text integrates this expansion into the set‑aside eligibility framework; specific numeric limits and other exclusions in the existing statute remain unless explicitly overridden by the new trafficking-related provision.)
Who is affected
- Primary beneficiaries: individuals adjudicated as juveniles whose offenses were committed as a direct result of being victims of human trafficking. Clearing these records can improve access to employment, education, housing, licensure, and reduce collateral consequences.
- Secondary affected parties: adjudicating courts (additional hearings and determinations), prosecutors and the attorney general (notice and opportunity to contest), law enforcement (background checks, records), victim-witness programs, and state agencies or employers that use juvenile adjudication records.
Procedure and timing
- Applications continue to be filed in the adjudicating court and must include the statutory application contents, fingerprints, and permit criminal-record checks by state police and the FBI.
- The court retains authority to hold hearings, require affidavits/proofs, and deny relief if setting aside is not consistent with the public welfare. Victim notice and participation rules remain in place for qualifying offenses.
Notes and limits
- The bill modifies eligibility in the juvenile set‑aside statute; it does not itself create new criminal defenses or alter adult criminal records.
- The bill text retains the statute’s other eligibility limits (e.g., certain life felonies excluded) unless explicitly changed in the enacted language. Readers should consult the enacted version for precise scope (e.g., whether numeric caps on eligible adjudications are waived for trafficking-related offenses).
For the enacted text and court practice implications, monitor committee reports, any amendments, and the final session law.