Sec. 1h.
(1) Upon the occurrence of 1 of the circumstances under subsection (2) or (3), a conviction that was set aside by operation of law under section 1g shall be reinstated by the court as provided in this section.
(2) If it is determined that a conviction was improperly or erroneously set aside under section 1g because the conviction was not eligible to be set aside under section 1g or any other provision of this act, the court shall, on its own motion, reinstate the conviction.
(3) Upon a motion by a person owed restitution, or on its own motion, the court shall reinstate a conviction that was set aside under section 1g for which the individual whose conviction was set aside was ordered to pay restitution if the court determines that the individual has not made a good-faith effort to pay the ordered restitution.
History: Add. 2020, Act 193, Eff. Apr. 11, 2021
Structure Michigan Compiled Laws
Chapter 780 - Criminal Procedure
Act 213 of 1965 - Setting Aside Convictions (780.621 - 780.624)
Section 780.621a - Definitions.
Section 780.621f - Procedures for Setting Aside Certain Marihuana Offenses Under MCL 780.621e.
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.