Michigan 2025-2026 Regular Session Status: Introduced 1 D cosponsors

SB 78 — Criminal procedure: expunction; procedures and eligibility for the expungement of certain records; provide for. Amends secs. 1b, 1c, 1d, 2 & 3 of 1965 PA 213 (MCL 780.621b et seq.) & adds sec. 1j & repeals sec. 4 of 1965 PA 213 (MCL 780.624).

Last action — 5/20/2025 - referred to Committee on Judiciary

  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been introduced in the Senate. Introduced May 20, 2025. It must pass committee before a floor vote.

Next likely step: a committee referral and hearing.

Prognosis

Stalled 28% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • Introduced

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Criminal procedure: expunction; procedures and eligibility for the expungement of certain records; provide for. Amends secs. 1b, 1c, 1d, 2 & 3 of 1965 PA 213 (MCL 780.621b et seq.) & adds sec. 1j & repeals sec. 4 of 1965 PA 213 (MCL 780.624).

Bill Text

What changed in the latest version

16 added · 15 removed

Plain-language change summary

In the latest version of Bill SB 78, several lines have been added while others have been removed, indicating some key updates to the bill's content. The additions may clarify intentions or improve specific regulations. This matters because it helps ensure that the bill addresses current issues more effectively, which can lead to better outcomes for the communities affected by its provisions. Overall, these changes aim to enhance the legislation’s clarity and impact.

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SENATE BILL NO.
SB-78, As Passed Senate, May 20, 2025 SENATE BILL NO.
SCS S00718'25_SB0078_INTR_1 u1q7w6 THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
SCS S00718'25_SB78_APS_1 m7bnhy THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
(a) A felony for which the maximum punishment is life SCS S00718'25_SB0078_INTR_1 u1q7w6 1 imprisonment or an attempt to commit a felony for which the maximum punishment is life imprisonment.
(a) A felony for which the maximum punishment is life SCS S00718'25_SB78_APS_1 m7bnhy 1 imprisonment or an attempt to commit a felony for which the maximum punishment is life imprisonment.
(3) The prohibition on setting aside a conviction for operating while intoxicated under subsection (1)(d)(i) does not apply to a conviction for a first violation operating while SCS S00718'25_SB0078_INTR_1 u1q7w6 1 intoxicated offense if the person applying to have the first violation operating while intoxicated offense conviction set aside has not previously applied to have and had a first violation operating while intoxicated offense conviction set aside under this act.
(3) The prohibition on setting aside a conviction for operating while intoxicated under subsection (1)(d)(i) does not apply to a conviction for a first violation operating while SCS S00718'25_SB78_APS_1 m7bnhy 1 intoxicated offense if the person applying to have the first violation operating while intoxicated offense conviction set aside has not previously applied to have and had a first violation operating while intoxicated offense conviction set aside under this act.
SCS S00718'25_SB0078_INTR_1 u1q7w6 1 (a) Imposition of the sentence for the convictions that the applicant seeks to set aside.
SCS S00718'25_SB78_APS_1 m7bnhy 1 (a) Imposition of the sentence for the convictions that the applicant seeks to set aside.
(b) Completion of any term of imprisonment imposed for the SCS S00718'25_SB0078_INTR_1 u1q7w6 1 conviction that the applicant seeks to set aside.
(b) Completion of any term of imprisonment imposed for the SCS S00718'25_SB78_APS_1 m7bnhy 1 conviction that the applicant seeks to set aside.
SCS S00718'25_SB0078_INTR_1 u1q7w6 1 (c) For an application under section 1(1), a statement that the applicant has not been convicted of an offense during the applicable time period required under subsection (1), (2), or (3).
SCS S00718'25_SB78_APS_1 m7bnhy 1 (c) For an application under section 1(1), a statement that the applicant has not been convicted of an offense during the applicable time period required under subsection (1), (2), or (3).
The department of state police shall report to the court in which the application is filed the information contained in the department's records with respect to any pending charges against the applicant, any record of conviction of the applicant, SCS S00718'25_SB0078_INTR_1 u1q7w6 1 and the setting aside of any conviction of the applicant and shall report to the court any similar information obtained from the Federal Bureau of Investigation.
The department of state police shall report to the court in which the application is filed the information contained in the department's records with respect to any pending charges against the applicant, any record of conviction of the applicant, SCS S00718'25_SB78_APS_1 m7bnhy 1 and the setting aside of any conviction of the applicant and shall report to the court any similar information obtained from the Federal Bureau of Investigation.
(12) For an application under section 1(3), if the applicant proves to the court by a preponderance of the evidence that the SCS S00718'25_SB0078_INTR_1 u1q7w6 1 conviction was a direct result of his or her being a victim of human trafficking, the court may, subject to the requirements of subsection (13), enter an order setting aside the conviction.
(12) For an application under section 1(3), if the applicant proves to the court by a preponderance of the evidence that the SCS S00718'25_SB78_APS_1 m7bnhy 1 conviction was a direct result of his or her being a victim of human trafficking, the court may, subject to the requirements of subsection (13), enter an order setting aside the conviction.
SCS S00718'25_SB0078_INTR_1 u1q7w6 1 (g) The applicant can demonstrate a record and reputation that shows the applicant is not likely to act in a manner that is a danger to the safety of others.
SCS S00718'25_SB78_APS_1 m7bnhy 1 (g) The applicant can demonstrate a record and reputation that shows the applicant is not likely to act in a manner that is a danger to the safety of others.
SCS S00718'25_SB0078_INTR_1 u1q7w6 1 (p) A $150.00 fee to be paid to the Michigan set aside fund created under section 1i.
SCS S00718'25_SB78_APS_1 m7bnhy 1 (p) A $150.00 fee to be paid to the Michigan set aside fund created under section 1i.
SCS S00718'25_SB0078_INTR_1 u1q7w6 1 (5) This act does not affect the right of a victim of a crime to prosecute or defend a civil action for damages.
SCS S00718'25_SB78_APS_1 m7bnhy 1 (5) This act does not affect the right of a victim of a crime to prosecute or defend a civil action for damages.
SCS S00718'25_SB0078_INTR_1 u1q7w6 1 (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.
SCS S00718'25_SB78_APS_1 m7bnhy 1 (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.
(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 SCS S00718'25_SB0078_INTR_1 u1q7w6 1 offenders registration act, 1994 PA 295, MCL 28.721 to 28.736, 28.730, has violated that act, or for use in a prosecution for violating that act.
(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 SCS S00718'25_SB78_APS_1 m7bnhy 1 offenders registration act, 1994 PA 295, MCL 28.721 to 28.736, 28.730, has violated that act, or for use in a prosecution for violating that act.
(7) (6) As used in this section, "victim" means any individual SCS S00718'25_SB0078_INTR_1 u1q7w6 who suffers direct or threatened physical, financial, or emotional harm as the result of the offense that was committed by the applicant.
(7) (6) As used in this section, "victim" means any individual SCS S00718'25_SB78_APS_1 m7bnhy who suffers direct or threatened physical, financial, or emotional harm as the result of the offense that was committed by the applicant.
Final Page SCS S00718'25_SB0078_INTR_1 u1q7w6
Final Page SCS S00718'25_SB78_APS_1 m7bnhy
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Action History

  1. 5/20/2025 - referred to Committee on Judiciary

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 146 not signed on · 14 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (146)

146 members have not signed on to this bill.

Show all 146 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSED

Passed 23 Yea · 11 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 19000
Republican 41102
Unaffiliated 0001
Total 231103
% of votes cast 62%30%0%8%
How each member voted (37)
Member Party Vote
Outman — Not Voting
Darrin Camilleri Democrat Yea
Dayna Polehanki Democrat Yea
Erika Geiss Democrat Yea
Jeff Irwin Democrat Yea
Jeremy Moss Democrat Yea
John Cherry Democrat Yea
Kevin Hertel Democrat Yea
Mallory McMorrow Democrat Yea
Mary Cavanagh Democrat Yea
Paul Wojno Democrat Yea
Rosemary Bayer Democrat Yea
Sam Singh Democrat Yea
Sarah Anthony Democrat Yea
Sean McCann Democrat Yea
Stephanie Chang Democrat Yea
Sue Shink Democrat Yea
Sylvia Santana Democrat Yea
Veronica Klinefelt Democrat Yea
Winnie Brinks Democrat Yea
Aric Nesbitt Republican Nay
Dan Lauwers Republican Nay
Edward McBroom Republican Yea
Jim Runestad Republican Nay
John Damoose Republican Yea
Jon Bumstead Republican Nay
Jonathan Lindsey Republican Not Voting
Joseph Bellino Jr. Republican Nay
Kevin Daley Republican Nay
Lana Theis Republican Nay
Mark Huizenga Republican Yea
Michael Webber Republican Nay
Michele Hoitenga Republican Nay
Roger Hauck Republican Nay
Roger Victory Republican Yea
Ruth Johnson Republican Not Voting
Thomas Albert Republican Nay

Official roll call →

PASSED ROLL CALL # 139 YEAS 23 NAYS 11 EXCUSED 3 NOT VOTING 0

Passed 8 Yea · 7 Nay
Party YeaNayPresentNot Voting
Democrat 6000
Republican 2700
Total 8700
% of votes cast 53%47%0%0%
How each member voted (15)
Member Party Vote
Dayna Polehanki Democrat Yea
Jeff Irwin Democrat Yea
Paul Wojno Democrat Yea
Rosemary Bayer Democrat Yea
Stephanie Chang Democrat Yea
Sue Shink Democrat Yea
Edward McBroom Republican Yea
Jim Runestad Republican Nay
John Damoose Republican Yea
Jon Bumstead Republican Nay
Jonathan Lindsey Republican Nay
Michael Webber Republican Nay
Michele Hoitenga Republican Nay
Rick Outman Republican Nay
Ruth Johnson Republican Nay

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 78 do?
Criminal procedure: expunction; procedures and eligibility for the expungement of certain records; provide for. Amends secs. 1b, 1c, 1d, 2 & 3 of 1965 PA 213 (MCL 780.621b et seq.) & adds sec. 1j & repeals sec. 4 of 1965 PA 213 (MCL 780.624).
Who sponsors SB 78?
SB 78 is sponsored by Sylvia Santana (Democrat).
What is the current status of SB 78?
This bill has been introduced in the Senate. Introduced May 20, 2025. It must pass committee before a floor vote.
Where can I track SB 78?
Track SB 78 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes about 2 months ago · updated continuously

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