Mich. Comp. Laws » Michigan Compiled Laws / Chapter 780 / Act 213 of 1965
Michigan Compiled Laws

Mich. Comp. Laws § 780.623 (2026)

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; nonpublic record exempt from disclosure; prohibited conduct; misdemeanor; penalty; liability; "victim" defined.

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SETTING ASIDE CONVICTIONS


Act 213 of 1965


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; nonpublic record exempt from disclosure; prohibited conduct; misdemeanor; penalty; liability; "victim" defined.

Sec. 3.

    (1) Upon the entry of an order under section 1 or 1e, the court shall send a copy of the order to the arresting agency and the department of state police.

    (2) The department of state police shall retain a nonpublic record of the order setting aside a conviction, or other notification regarding a conviction that was automatically set aside under section 1g, and of the record of the arrest, fingerprints, conviction, and sentence of the person in the case to which the order or other notification applies. Except as provided in subsection (3), this nonpublic record shall be made available only to a court of competent jurisdiction, an agency of the judicial branch of state government, the department of corrections, a law enforcement agency, a prosecuting attorney, the attorney general, or the governor upon request and only for the following purposes:

    (a) Consideration in a licensing function conducted by an agency of the judicial branch of state government.

    (b) To show that a person who has filed an application to set aside a conviction has previously had a conviction set aside under this act.

    (c) The court's consideration in determining the sentence to be imposed upon conviction for a subsequent offense that is punishable as a felony or by imprisonment for more than 1 year.

    (d) Consideration by the governor if a person whose conviction has been set aside applies for a pardon for another offense.

    (e) Consideration by the department of corrections or a law enforcement agency if a person whose conviction has been set aside applies for employment with the department of corrections or law enforcement agency.

    (f) Consideration by a court, law enforcement agency, prosecuting attorney, or the attorney general in determining whether an individual required to be registered under the sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.736, has violated that act, or for use in a prosecution for violating that act.

    (g) Consideration by a court, law enforcement agency, prosecuting attorney, or the attorney general for use in making determinations regarding charging, plea offers, and sentencing, as applicable.

    (3) A copy of the nonpublic record created under subsection (2) must be provided to the person whose conviction is set aside under this act upon payment of a fee determined and charged by the department of state police in the same manner as the fee prescribed in section 4 of the freedom of information act, 1976 PA 442, MCL 15.234.

    (4) The nonpublic record maintained under subsection (2) is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

    (5) Except as provided in subsection (2), a person, other than the person whose conviction was set aside or a victim, who knows or should have known that a conviction was set aside under this section and who divulges, uses, or publishes information concerning a conviction set aside under this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

    (6) An entity is not liable for damages or subject to criminal penalties under this section for reporting a public record of conviction that has been set-aside by court order or operation of law, if that record was available as a public record on the date of the report.

    (6) As used in this section, "victim" means any individual who suffers direct or threatened physical, financial, or emotional harm as the result of the offense that was committed by the applicant.

    

    

History: Add. 1982, Act 495, Eff. Mar. 30, 1983 ;-- Am. 1988, Act 11, Imd. Eff. Feb. 8, 1988 ;-- Am. 1993, Act 342, Eff. May 1, 1994 ;-- Am. 1994, Act 294, Eff. Oct. 1, 1995 ;-- Am. 2014, Act 463, Imd. Eff. Jan. 12, 2015 ;-- Am. 2020, Act 193, Eff. Apr. 11, 2021

Compiler's Notes:

    Subsection (6) beginning with "As used in this section," evidently should be numbered (7).

Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 2002–2024 · leading case: Maldonado v. Ford Motor Co., 719 N.W.2d 809 (Mich. 2006).
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Maldonado v. Ford Motor Co., 719 N.W.2d 809 (Mich. 2006). · cites it 6× “Bennett's counsel pointed out that plaintiff's counsel's behavior apparently violated MCL 780.623(5), [6] which criminalizes the divulgence, use, or publication of information regarding an expunged conviction.”
Elezovic v. Ford Motor Co., 697 N.W.2d 851 (Mich. 2005). · cites it 2× “First, we note that MCL 780.623(5) provides: Except as provided in subsection (2) [pertaining to certain law enforcement purposes], a person, other than the applicant, who knows or should have known that a conviction was set aside under this section and who divulges, uses, or…”
People v. Van Heck, 651 N.W.2d 174 (Mich. Ct. App. 2002). · cites it 2× “MCL 780.623(2). Given such continuing legal disabilities, we conclude that the Connecticut pardon granted defendant in this matter is not akin to a Michigan expungement.”
Seguna v. Maketa, 181 P.3d 399 (Colo. Ct. App. 2008). · cites it 5× “" Mich. Comp. Laws § 780.622 (1). Records of the set-aside conviction are kept as nonpublic records by the Michigan state police.”
People v. Droog, 761 N.W.2d 822 (Mich. Ct. App. 2009). “MCL 780.623(5). That provision is not before us, and we express no comment regarding the merits of the prosecution’s concern.”
Mizori v. United States (W.D. Mich. 2024). · cites it 2× “” Mich. Comp. Laws § 780.623 (2)(c). Furthermore, Defendant has not demonstrated that his possession of marijuana conviction was set aside for reasons of constitutional invalidity, innocence, or errors of law, as required under USSG § 4A1.”
20221229_C357544_49_357544.Opn.Pdf (Mich. Ct. App. 2022). “” MCL 780.623(2). The “nonpublic record” is required to be made available to certain individuals, agencies, and courts in certain circumstances.”
People of Michigan v. Jason Edward Koert (Mich. Ct. App. 2024). “Section 2 outlines the duty of the state police to maintain nonpublic records of the set-aside convictions and the limited circumstances under which these records may be divulged to a limited set of governmental bodies.”
John Does I-viii v. Munoz, 462 F. Supp. 2d 787 (E.D. Mich. 2006). “§ 780.623. Although individuals convicted of certain sex offenses may have their conviction set aside, the Setting Aside Act treats them somewhat differently than other individuals whose convictions are set aside.”
— Mich. Comp. Laws § 780.623(2) — 2 cases
People v. Van Heck, 651 N.W.2d 174 (Mich. Ct. App. 2002). “MCL 780.623(2). Given such continuing legal disabilities, we conclude that the Connecticut pardon granted defendant in this matter is not akin to a Michigan expungement.”
20221229_C357544_49_357544.Opn.Pdf (Mich. Ct. App. 2022). “” MCL 780.623(2). The “nonpublic record” is required to be made available to certain individuals, agencies, and courts in certain circumstances.”
— Mich. Comp. Laws § 780.623(5) — 3 cases
Maldonado v. Ford Motor Co., 719 N.W.2d 809 (Mich. 2006). “Bennett's counsel pointed out that plaintiff's counsel's behavior apparently violated MCL 780.623(5), [6] which criminalizes the divulgence, use, or publication of information regarding an expunged conviction.”
Elezovic v. Ford Motor Co., 697 N.W.2d 851 (Mich. 2005). “First, we note that MCL 780.623(5) provides: Except as provided in subsection (2) [pertaining to certain law enforcement purposes], a person, other than the applicant, who knows or should have known that a conviction was set aside under this section and who divulges, uses, or…”
People v. Droog, 761 N.W.2d 822 (Mich. Ct. App. 2009). “MCL 780.623(5). That provision is not before us, and we express no comment regarding the merits of the prosecution’s concern.”
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