Statute

Mich. Comp. Laws Ann. §780.621(4)

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.

This webpage was produced by Freedom Network USA under Grant Number 2017-VT-BX-K018, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this document are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice.