Bill
SB 1174
Expands access to Michigan's nonpublic set-aside records to federal/state agencies and National Guard for vetting and licensing, while keeping FOIA protections.
Status & sponsors
- Senate Bill 1174 (sponsored by Sen. Rosemary Bayer) amends section 3 of 1965 PA 213 (MCL 780.623).
- Passed the Michigan Senate (Dec. 13, 2024); referred to the Committee on Government Operations.
- Legislative analyst: Eleni Lionas. Fiscal impact: none reported.
Purpose / intent
- To expand which governmental entities may access the nonpublic record retained when a Michigan court sets aside a conviction, and to clarify additional permissible uses of that nonpublic record (for example, for U.S. licensing or when required by federal law/regulation). The stated rationale includes assisting federal/state investigative or vetting functions that need a full history for employment or security screenings.
Key provisions (what the bill changes)
- Maintains the Department of State Police duty to retain a nonpublic record of:
- the court order setting aside a conviction (or notification of an automatic set‑aside) and
- the record of the arrest, fingerprints, conviction, and sentence for the case to which the order applies.
- Expands authorized recipients of that nonpublic record (subsection (2)) to include:
- Federal or State intelligence agencies, and
- the Michigan National Guard and the National Guard of another state,
in addition to entities already listed (courts, judicial branch agencies, Dept. of Corrections, law enforcement, prosecuting attorneys, Attorney General, Governor, etc.).
- Adds two specific permissible uses:
- Consideration of the information by one of the authorized State/United States entities when such consideration is required by a law or regulation of the United States.
- Consideration in a licensing function conducted by a department or agency of the United States.
- Retains existing protections:
- The nonpublic record remains exempt from disclosure under Michigan’s Freedom of Information Act.
- Individuals whose conviction was set aside may obtain a copy of the nonpublic record upon payment of a fee set by the State Police (paralleling FOIA fee procedures).
- Unauthorized divulgence by private persons (other than the subject or a victim) remains a misdemeanor (up to 90 days imprisonment, up to $500 fine, or both).
Who is affected
- Individuals whose convictions have been set aside: their nonpublic records remain protected generally, but additional federal/state agencies may access them for specified purposes (which could affect certain background/security clearances or licensing decisions).
- Federal/state intelligence agencies and National Guard organizations: gain explicit access for authorized purposes.
- Federal licensing agencies: may consider set‑aside conviction records where applicable.
- State agencies (e.g., Department of State Police) bear the retention and disclosure responsibilities already in statute.
- Employers, courts, prosecutors, and law‑enforcement agencies retain existing access and uses.
Potential impact
- Practical effect: expands limited, statutory access to set‑aside conviction records to better support certain federal/security vetting and licensing functions while preserving FOIA exemption and penalizing unauthorized public disclosure.
- Fiscal: nonpartisan analysis reports no fiscal impact on state or local governments.
Procedural / timeline notes
- Bill text amends MCL 780.623 (section 3 of 1965 PA 213).
- Senate-approved version completed Dec. 13, 2024; local record shows referral to Committee on Government Operations for further consideration. Next steps would typically include committee hearings, potential amendments, and House consideration if passed out of committee.
Compiled from official sources — confirm details with the bill’s official record.
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