Statute
Mich. Comp. Laws Ann. §780.621(3)
Survivors of trafficking who have been convicted of certain prostitution offenses may apply to have that conviction set aside if they committed the offense as a direct result of being a victim of human trafficking. Michigan limits relief to certain prostitution offenses but survivors can seek to set aside multiple convictions, as opposed to the limited number of offenses that can be expunged under the general expungement law.
In addition to demonstrating that the offenses were committed as a direct result of the trafficking, the Michigan law is unique in that it directs a court to look at the survivor’s “circumstances and behavior” after their convictions. This requirement inappropriately shifts the focus from the exploitation the survivor faced to a demonstration of appropriate behavior after the arrests and should be reexamined.
Updated Sept 2021