Michigan Compiled Laws
Act 213 of 1965 - Setting Aside Convictions (780.621 - 780.624)
Section 780.621f - Procedures for Setting Aside Certain Marihuana Offenses Under MCL 780.621e.

Sec. 1f.
(1) If an application to set aside a conviction or convictions under section 1e is granted, the arresting agency and the department of the state police shall maintain the nonpublic record created under section 3 for use as authorized under section 3.
(2) If an application to set aside a conviction or convictions is granted under section 1e, the applicant may not thereafter seek resentencing in another criminal case the applicant was sentenced for during which the conviction or convictions at issue were used in determining an appropriate sentence for the applicant, whether or not the setting aside of the conviction or convictions would have changed the scoring of a prior record variable for purposes of the sentencing guidelines or otherwise.
(3) A party aggrieved by the ruling of the convicting court considering an application under section 1e may seek a rehearing or reconsideration under the applicable rules of the convicting court or may file an appeal with the circuit court or, if applicable, the court of appeals in accordance with the rules of those courts.
(4) The setting aside of a conviction under section 1e does not entitle the applicant to the return of any fines, costs, or fees imposed as part of the applicant's sentence for the conviction or convictions or of any money or property forfeited by the prosecuting agency or any law enforcement agency as a result of the conduct leading to the conviction or as a result of the conviction itself.
History: Add. 2020, Act 189, Eff. Apr. 11, 2021

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 780 - Criminal Procedure

Act 213 of 1965 - Setting Aside Convictions (780.621 - 780.624)

Section 780.621 - Application for Order Setting Aside Conviction; Felony or Misdemeanor Conviction; Setting Aside of Certain Convictions Prohibited; Victim of Human Trafficking Violation; Definitions.

Section 780.621a - Definitions.

Section 780.621b - Setting Aside Multiple Criminal Offenses Arising Out of Same Transaction; Exceptions.

Section 780.621c - Prohibition on Setting Aside Convictions for Certain Criminal Cases; Applicability to MCL 780.621g; Inapplicable to Secretary of State Driving Record.

Section 780.621d - Application and Procedures for Setting Aside Felonies and Serious Misdemeanor Convictions.

Section 780.621e - Application to Set Aside Misdemeanor Marihuana Offenses; Requirements; Rebuttable Presumption; Order; "Misdemeanor Marihuana Offense" Defined.

Section 780.621f - Procedures for Setting Aside Certain Marihuana Offenses Under MCL 780.621e.

Section 780.621g - Setting Aside Certain Convictions Without Application; Requirements; Exceptions; Implementation Date; Reinstatement; "Crime of Dishonesty" Defined.

Section 780.621h - Reinstatement of Conviction Set Aside Without Application.

Section 780.621i - Michigan Set Aside Fund; Creation; Expenditures.

Section 780.622 - Entry of Order; Effect; Use of Set Aside Conviction; "Applicant" Defined.

Section 780.623 - Sending Copy of Order to Arresting Agency and Department of State Police; Retention and Availability of Nonpublic Record of Order and Other Records; Providing Copy of Nonpublic Record to Person Whose Conviction Set Aside; Fee; Nonpu...

Section 780.624 - Setting Aside of Convictions; Limitation.