SETTING ASIDE CONVICTIONS
Act 213 of 1965
780.621b Setting aside multiple criminal offenses arising out of same transaction; exceptions.
Sec. 1b.
(1) For purposes of a petition to set aside a conviction under section 1 or 1e, more than 1 felony offense or more than 1 misdemeanor offense must be treated as a single felony or misdemeanor conviction if the felony or misdemeanor convictions were contemporaneous such that all of the felony or misdemeanor offenses occurred within 24 hours and arose from the same transaction, provided that none of those felony or misdemeanor offenses constitute any of the following:
(a) An assaultive crime.
(b) A crime involving the use or possession of a dangerous weapon.
(c) A crime with a maximum penalty of 10 or more years' imprisonment.
(d) A conviction for a crime that if it had been obtained in this state would be for an assaultive crime.
(2) As used in this section, "dangerous weapon" means that term as defined in section 110a of the Michigan penal code, 1931 PA 328, MCL 750.110a.
History: Add. 2020, Act 188, Eff. Apr. 11, 2021
Notes of Decisions
People of Michigan v. Lidi Maryanovska (Mich. Ct. App. 2023).
· cites it 10× “MCL 780.621b provides, in relevant part: (1) For purposes of a petition to set aside a conviction under section 1 or 1e, more than 1 felony offense or more than 1 misdemeanor offense must be treated as a single felony or misdemeanor conviction if the felony or misdemeanor…”
People of Michigan v. Monica Rannay Pulliam (Mich. Ct. App. 2024).
“Although defendant technically has four felonies on her record, her 2000 convictions of maintaining a drug house and possession of cocaine are considered a single felony for purposes of the clean slate law under the “one bad night” exception, MCL 780.621b, thus bringing her…”
Mich. Comp. Laws § 780.621b(1): 1 case
People of Michigan v. Lidi Maryanovska (Mich. Ct. App. 2023).
“MCL 780.621b provides, in relevant part: (1) For purposes of a petition to set aside a conviction under section 1 or 1e, more than 1 felony offense or more than 1 misdemeanor offense must be treated as a single felony or misdemeanor conviction if the felony or misdemeanor…”
Mich. Comp. Laws § 780.621b(1)(c): 1 case
People of Michigan v. Lidi Maryanovska (Mich. Ct. App. 2023).
“MCL 780.621b provides, in relevant part: (1) For purposes of a petition to set aside a conviction under section 1 or 1e, more than 1 felony offense or more than 1 misdemeanor offense must be treated as a single felony or misdemeanor conviction if the felony or misdemeanor…”
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