SETTING ASIDE CONVICTIONS
Act 213 of 1965
780.622 Entry of order; effect; use of set aside conviction; "applicant" defined.
Sec. 2.
(1) Upon the entry of an order under section 1 or 1e, or upon the automatic setting aside of a conviction under section 1g, the applicant, for purposes of the law, is considered not to have been previously convicted, except as provided in this section and section 3.
(2) The applicant is not entitled to the remission of any fine, costs, or other money paid as a consequence of a conviction that is set aside.
(3) If the conviction set aside under section 1(1), 1e, or 1g is for a listed offense as defined in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722, the applicant is considered to have been convicted of that offense for purposes of that act.
(4) This act does not affect the right of the applicant to rely upon the conviction to bar subsequent proceedings for the same offense.
(5) This act does not affect the right of a victim of a crime to prosecute or defend a civil action for damages.
(6) This act does not create a right to commence an action for damages for incarceration under the sentence that the applicant served before the conviction is set aside under this act.
(7) This act does not relieve any obligation to pay restitution owed to the victim of a crime nor does it affect the jurisdiction of the convicting court or the authority of any court order with regard to enforcing an order for restitution.
(8) A conviction, including any records relating to the conviction and any records concerning a collateral action, that has been set aside under this act cannot be used as evidence in an action for negligent hiring, admission, or licensure against any person.
(9) A conviction that is set aside under section 1, 1e, or 1g may be considered a prior conviction by court, law enforcement agency, prosecuting attorney, or the attorney general, as applicable, for purposes of charging a crime as a second or subsequent offense or for sentencing under sections 10, 11, and 12 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12.
(10) As used in this section, "applicant" includes an individual who has applied under this act to have his or her conviction or convictions set aside and an individual whose conviction or convictions have been set aside without an application under section 1g.
History: 1965, Act 213, Imd. Eff. July 16, 1965 ;-- Am. 1982, Act 495, Eff. Mar. 30, 1983 ;-- Am. 1993, Act 342, Eff. May 1, 1994 ;-- Am. 1994, Act 294, Eff. Oct. 1, 1995 ;-- Am. 2014, Act 335, Eff. Jan. 14, 2015 ;-- Am. 2020, Act 193, Eff. Apr. 11, 2021
Notes of Decisions
Cited in
11
cases (
4 in the last 5 years), 1989–2025 · leading case:
Does v. Munoz, 507 F.3d 961 (6th Cir. 2007).
Does v. Munoz, 507 F.3d 961 (6th Cir. 2007).
· cites it 2× “See Mich. Comp. Laws §§ 780.622 (1); 780.623(2).”
People v. Van Heck, 651 N.W.2d 174 (Mich. Ct. App. 2002).
· cites it 4× “§ 780.622(3). More generally, the Department of State Police is required to retain a record of expunged convictions and their associated sentences, which may be accessed and used by a number of state authorities for a variety of reasons, including denial of employment or a…”
People v. Droog, 761 N.W.2d 822 (Mich. Ct. App. 2009).
“” MCL 780.622(1). In that sense, the setting aside of a conviction under the Code of Criminal Procedure is much broader than the expunction of a violation reportable to the Secretary of State under the Vehicle Code.”
Doe v. Fed. Bureau of Investigation, 718 F. Supp. 90 (D.D.C. 1989).
“Doe points out that, under Michigan law, upon entry of the order he “shall be considered not to have been previously convicted,” Mich.Comp.Laws § 780.622(1), and he argues that “[t]he statement in FBI records that John Doe was convicted for possession of an explosive device in…”
People of Michigan v. Jason Edward Koert (Mich. Ct. App. 2024).
· cites it 10× “621(1)(d), it would have included such an exception in MCL 780.622 and the defendant would not be eligible to have the CSC-IV conviction set aside.”
Seguna v. Maketa, 181 P.3d 399 (Colo. Ct. App. 2008).
“621 (3), and the setting aside of a conviction is "a privilege and conditional and is not a right," Mich. Comp. Laws § 780.621 (9). Upon the entry of an order setting aside a conviction, "the applicant, for purposes of the law, shall be considered not to have been previously…”
Mizori v. United States (W.D. Mich. 2024).
· cites it 2× “) While state law provides that once a conviction is set aside, the defendant is “considered not to have been previously convicted” for all “purposes of the law,” see Mich. Comp. Laws § 780.622 (1), “the fact of the matter remains that [Defendant] was convicted of a crime and a…”
Ward v. United States (W.D. Mich. 2025).
· cites it 2× “) While state law provides that once a conviction is set aside, the defendant is “considered not to have been previously convicted” for all “purposes of the law,” see Mich. Comp. Laws § 780.622 (1), “the fact of the matter remains that [Defendant] was convicted of a crime and a…”
Does v. Munoz (6th Cir. 2007).
· cites it 2× “See Mich. Comp. Laws §§ 780.622 (1); 780.623(2).”
John Does I-viii v. Munoz, 462 F. Supp. 2d 787 (E.D. Mich. 2006).
“§ 780.622(3). Similarly, SORA provides that individuals are deemed to have been convicted for purposes of the act even if their convictions subsequently were set aside pursuant to the Setting Aside Act.”
— Mich. Comp. Laws § 780.622(1) — 3 cases
People v. Droog, 761 N.W.2d 822 (Mich. Ct. App. 2009).
“” MCL 780.622(1). In that sense, the setting aside of a conviction under the Code of Criminal Procedure is much broader than the expunction of a violation reportable to the Secretary of State under the Vehicle Code.”
Doe v. Fed. Bureau of Investigation, 718 F. Supp. 90 (D.D.C. 1989).
“Doe points out that, under Michigan law, upon entry of the order he “shall be considered not to have been previously convicted,” Mich.Comp.Laws § 780.622(1), and he argues that “[t]he statement in FBI records that John Doe was convicted for possession of an explosive device in…”
People of Michigan v. Jason Edward Koert (Mich. Ct. App. 2024).
“621(1)(d), it would have included such an exception in MCL 780.622 and the defendant would not be eligible to have the CSC-IV conviction set aside.”
— Mich. Comp. Laws § 780.622(1)(a) — 1 case
People of Michigan v. Jason Edward Koert (Mich. Ct. App. 2024).
“621(1)(d), it would have included such an exception in MCL 780.622 and the defendant would not be eligible to have the CSC-IV conviction set aside.”
— Mich. Comp. Laws § 780.622(1)(d) — 1 case
People of Michigan v. Jason Edward Koert (Mich. Ct. App. 2024).
“621(1)(d), it would have included such an exception in MCL 780.622 and the defendant would not be eligible to have the CSC-IV conviction set aside.”
— Mich. Comp. Laws § 780.622(2) — 1 case
People of Michigan v. Jason Edward Koert (Mich. Ct. App. 2024).
“621(1)(d), it would have included such an exception in MCL 780.622 and the defendant would not be eligible to have the CSC-IV conviction set aside.”
— Mich. Comp. Laws § 780.622(3) — 2 cases
People v. Van Heck, 651 N.W.2d 174 (Mich. Ct. App. 2002).
“§ 780.622(3). More generally, the Department of State Police is required to retain a record of expunged convictions and their associated sentences, which may be accessed and used by a number of state authorities for a variety of reasons, including denial of employment or a…”
John Does I-viii v. Munoz, 462 F. Supp. 2d 787 (E.D. Mich. 2006).
“§ 780.622(3). Similarly, SORA provides that individuals are deemed to have been convicted for purposes of the act even if their convictions subsequently were set aside pursuant to the Setting Aside Act.”
— Mich. Comp. Laws § 780.622(7) — 1 case
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