People v. Van Heck
People v. Van Heck
Opinion of the Court
Defendant appeals by leave granted the trial court’s order denying his application to set aside, or “expunge,” his 1979 conviction of assault with a dangerous weapon, MCL 750.82, on the ground that defendant was ineligible to seek expungement under MCL 780.621. We reverse and remand for consideration of the merits of defendant’s application.
1. BASIC facts and procedural history
While living in the state of Connecticut during the years 1975 through 1978, defendant was convicted of five misdemeanor offenses.
Defendant thereafter sought leave to appeal the trial court’s decision, arguing that the trial court erroneously treated his pardoned Connecticut convictions as if they were expunged Michigan convictions. Because the expungement statutes, MCL 780.621 et seq., do not specifically address the effect of a pardon on a defendant’s eligibility to have a conviction set aside under those statutes, this Court granted leave to appeal.
H. ANALYSIS
Defendant argues that the trial court erred in concluding that, despite having received a full and unconditional pardon for his Connecticut convictions, defendant was precluded from seeking relief under the expungement act. We agree.
The primary goal of judicial interpretation of statutes is to give effect to the intent of the Legislature. People v Morris, 450 Mich 316, 326; 537 NW2d 842 (1995); People v Stephan, 241 Mich App 482, 496; 616 NW2d 188 (2000). The first criterion in determining such intent is the specific language of the statute. People v Stone, 234 Mich App 117, 121; 593 NW2d 680 (1999). If the statutory language is clear and unambiguous, the court must enforce it as plainly written. Morris, supra.
The statutory language at issue in this case is contained in MCL 780.621(1), which provides, in relevant part, that “a person who is convicted of not more than 1 offense may file an application with the convicting court for the entry of an order setting aside the conviction.” (Emphasis added.) It is not disputed that, in addition to the Michigan conviction defendant
In Connecticut, the pardoning power is vested in the legislature, which has delegated the exercise of such power to the Board of Pardons. Conn Gen Stat § 18-26(a); McLaughlin v Bronson, 206 Conn 267, 271; 537 A2d 1004 (1988). Pursuant to this delegation, the Board of Pardons has “authority to grant pardons, conditioned or absolute, for any offense against the state at any time after the imposition and before or after the service of any sentence.” Conn Gen Stat
Despite the sweeping manner in which Connecticut law “erases” a conviction upon pardon, there are “a few, very limited” exceptions to the nondisclosure requirements of Conn Gen Stat § 54-142a. Doe, supra at 185. Pursuant to Conn Gen Stat § 54-142a(e), erased information may be released to the pardoned individual at any time. See, also, Conn Gen Stat § 54-142k(c) and (d). A trial court may also order disclosure of erased records to a defendant in an action for
Given the limited nature of these exceptions, it is clear that while a pardon granted pursuant to Conn Gen Stat § 18-26 does not act to erase the conduct leading to the pardoned conviction, it nonetheless removes the legal disabilities that flow from that conviction. Thus, upon the grant of an absolute pardon, the pardoned individual is no longer considered by the law to have been “convicted” or otherwise adjudicated guilty of the pardoned crime.
In contrast, an expungement under MCL 780.621 does not fully relieve an individual of the legal disabilities flowing from the conviction. For example, expungement pursuant to MCL 780.621 does not relieve a felony sex offender from the continuing duty to register pursuant to the provisions of the Sex Offenders Registration Act, MCL 28.721 et seq* *****
Given such continuing legal disabilities, we conclude that the Connecticut pardon granted defendant
Accordingly, we find that the trial court erred in concluding that defendant was ineligible for expungement under MCL 780.621(1). We therefore reverse the trial court’s finding that defendant was ineligible to seek expungement under MCL 780.621(1) and remand for consideration of the merits of defendant’s application under MCL 780.621(9). We do not retain jurisdiction.
The offenses of which defendant was convicted — criminal mischief, assault, and three counts of larceny — stemmed from defendant’s arrest on four different occasions during the years 1975 and 1977.
Pursuant to MCL 780.624, “[a] person may have only 1 conviction set aside under [the] act.”
In light of the trial court’s clear holding that the setting aside of defendant’s felonious assault conviction would “violate the spirit, if not the letter” of MCL 780.621, we reject the prosecution’s claim, which has been adopted by the dissent, that denial of defendant’s petition was an exercise of the trial court’s discretion under MCL 780.621(9). As the dissent correctly notes, MCL 780.621(9) provides the trial court with discretion to grant or deny a petition for expungement. However, as recognized by this Court in People v Boulding, 160 Mich App 156, 158; 407 NW2d 613 (1986), “[t]he statute by its plain language requires a balancing of factors, specifically a determination of the ‘circumstances and behavior’ of a petitioner balanced against the ‘public welfare.’ ” Moreover, in balancing these factors, the trial court must provide “enough of a determination” for this Court “to analyze the manner in which the court’s discretion was exer
It does not matter that these offenses were misdemeanors. “[T]he act’s language precluding relief if an applicant has been convicted of more than one offense applies to both felonies and misdemeanors.” People v Grier, 239 Mich App 521, 523; 608 NW2d 821 (2000).
Pursuant to Conn Gen Stat § 54-142a(h), “court records” do not include “a record or transcript of the proceedings made or prepared by an official court reporter, assistant court reporter or monitor.” Neither does the statute require erasure of records extraneous to the fact of arrest and prosecution. See State v West, 192 Conn 488, 496; 472 A2d 775 (1984) (identifying information such as photographs and fingerprints are not “records” within the meaning of § 54-142a).
See Conn OAG, 1989, No 89-28, p 4 (November 12, 1989), where, in answering the question whether a person who has been granted an absolute pardon from a felony conviction falls within the provisions of Conn
[A]n individual who has received an absolute pardon has effectively had all legal disabilities associated with the crime for which he was pardoned removed. Accordingly, such an individual cannot be deemed to have been convicted of a felony for purposes of Conn Gen Stat § 53a-217(a) and could therefore carry a firearm . .. without violating this statute.
In Michigan, the Legislature has similarly exempted those who have been pardoned from the statutes prohibiting convicted felons from possessing firearms. See MCL 750.224f(4).
Notwithstanding any constitutional impediment that may exist regarding registration under the Sex Offenders Registration Act, see Fullmer v Michigan Dep’t of State Police, 207 F Supp 2d 650 (ED Mich, 2002), MCL 780.622(3) evinces a legislative intent to preserve certain legal disabilities associated with expunged convictions.
In Michigan, the pardoning power of the state is vested exclusively in the Governor:
The governor shall have power to grant reprieves, commutations and pardons after convictions for all offenses, except cases of impeachment, upon such conditions and limitations as he may direct, subject to procedures and regulations prescribed by law. He shall inform the legislature annually of each reprieve, commutation and pardon granted, stating reasons therefor. [Const 1963, art 5, & 14.]
Dissenting Opinion
(dissenting). I respectfully dissent.
The majority concludes that the trial court ignored the fact that defendant had received a full and unconditional pardon from his Connecticut convictions and found that defendant was precluded from seeking relief under the expungement act. I disagree with this
Then the question becomes does it make sense to grant him relief because of the fact that the misdemeanors were in another state, irrespective of how the other state deals with erasures, set asides, expungements, pardons, whatever you want to call it.
And it seems to me that that’s [sic] kind of quirky position that the petitioner is placed in, and I have some question as to whether he should be granted relief where his petition is clearly in violation of the spirit, if not the letter, of the Michigan statute given the fact that he would not be entitled to relief had all of the convictions occurred in Michigan.
I think, that being the case, I am inclined to conclude that, in the exercise of the Court’s discretion, the petition to set aside should be denied because it seems to me it would be inappropriate to grant a petition in a situation where the spirit of Michigan law, if not a specific letter, would foreclose the relief. [Emphasis added.]
MCL 780.621(9) provides:
If the court determines that the circumstances and behavior of the applicant from the date of the applicant’s conviction to the filing of the application warrant setting aside the conviction and that setting aside the conviction is consistent with the public welfare, the court may enter an order setting aside the conviction. The setting aside of a conviction under this act is a privilege and conditional and is not a right. [Emphasis added.]
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