§1.16 The Former Rule. The eligibility rules before 2011 were (1) that the offender had to have only one conviction on his or her record, (2) that the conviction was for an eligible offense, and (3) that the petition could not be filed until five years after the imposition of sentence or completion of incarceration, whichever was later. Ineligible offenses were those with a maximum penalty of life and attempts to commit those crimes, certain sex crimes and attempts to commit those crimes, and traffic offenses.
2011 Rule Change. In June 2011, the legislature expanded the list of eligible offenders but narrowed the list of eligible offenses. An eligible offender included an individual with a single conviction on his or her record and also an individual who had one felony conviction and not more than two “minor offense” convictions. “Minor offense” was defined as an offense committed before the offender’s 21st birthday and for which the maximum penalty was not more than 90 days and a fine of not more than $1,000. The list of ineligible offenses was expanded to include child sexually abusive activity, using the Internet or computer to commit a crime, and attempts to commit those crimes. 2011 PA 64 (eff. June 23, 2011).
2015 Rule Chance. Once again, the legislature expanded the list of eligible offenders but narrowed the list of eligible offenses. The legislature also changed the timing rules and expanded the definition of “misdemeanor” and “felony” conviction to include deferred and diverted matters.
2011 Rule Change. In June 2011, the legislature expanded the list of eligible offenders but narrowed the list of eligible offenses. An eligible offender included an individual with a single conviction on his or her record and also an individual who had one felony conviction and not more than two “minor offense” convictions. “Minor offense” was defined as an offense committed before the offender’s 21st birthday and for which the maximum penalty was not more than 90 days and a fine of not more than $1,000. The list of ineligible offenses was expanded to include child sexually abusive activity, using the Internet or computer to commit a crime, and attempts to commit those crimes. 2011 PA 64 (eff. June 23, 2011).
2015 Rule Chance. Once again, the legislature expanded the list of eligible offenders but narrowed the list of eligible offenses. The legislature also changed the timing rules and expanded the definition of “misdemeanor” and “felony” conviction to include deferred and diverted matters.
