Michigan House Bill HB5009

Michigan 2025-2026 Regular Session

• Introduced: 9/18/25
• Refer: 9/18/25

Caption

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).

Impact

This bill's impact on state laws could be significant, as it introduces more leniency in the expungement of criminal records, particularly for individuals who were trafficked or otherwise victimized. It aligns legal assistance with support for vulnerable populations, indicating a shift towards rehabilitation over punishment. The bill aims to restore individuals' rights and opportunities post-conviction, potentially reducing recidivism rates and enhancing reintegration into society.

Summary

House Bill 5009 seeks to amend the existing 1965 Act related to the setting aside of criminal convictions. The bill allows individuals convicted of certain felonies to apply for their records to be cleared, specifically aiming to assist those who have been victims of human trafficking. Under the proposed legislation, a person may apply to have all their convictions set aside if they have no more than three felony offenses, with specific limitations on the number of assaultive crimes that can be removed from one's record.

Contention

Despite its humanitarian objectives, HB5009 may face opposition due to concerns surrounding the implications of erasing criminal records. Critics may argue that setting aside convictions, especially for serious offenses, could undermine public safety or weaken the accountability of offenders. Furthermore, there may be debates on whether the provisions adequately protect victims of human trafficking while ensuring that justice for their crimes is maintained.