People v. Van Heck

651 N.W.2d 174, 252 Mich. App. 207
CourtMichigan Court of Appeals
DecidedSeptember 24, 2002
DocketDocket 230042
StatusPublished
Cited by11 cases

This text of 651 N.W.2d 174 (People v. Van Heck) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Van Heck, 651 N.W.2d 174, 252 Mich. App. 207 (Mich. Ct. App. 2002).

Opinions

Bandstra, J.

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.1 After returning to Michigan in 1979, defendant was convicted a sixth time after having pleaded guilty of threatening a co-worker [209]*209with a shotgun. In June 1999, defendant petitioned for and received an unconditional and absolute pardon for his five misdemeanor convictions from the Connecticut Board of Pardons. Defendant thereafter sought to have his 1979 Michigan conviction set aside pursuant to MCL 780.621, which permits “a person who is convicted of not more than 1 offense [to] file an application with the convicting court for the entry of an order setting aside the conviction.” MCL 780.621(1). The prosecutor, along with the Attorney General, opposed defendant’s application, arguing that defendant was ineligible for such relief because he had been convicted of more than one offense, to wit, the Connecticut misdemeanors. Although acknowledging that defendant had received a full pardon for his Connecticut convictions, the prosecutor argued that because the pardon was grounded not on the validity of the underlying convictions but rather on defendant’s efforts to rehabilitate himself, the pardon was the “functional equivalent” of an expungement under MCL 780.621, of which defendant was entitled to only one.2 In response, defendant argued that given the sweeping manner in which Connecticut law “erases” a person’s conviction after pardon, his full and unconditional pardon was “more akin to an acquittal” of the misdemeanor offenses than an expungement, and that these offenses therefore should not be considered for purposes of determining his eligibility under the Michigan expungement statute. The trial court, although acknowledging that a Connecticut pardon is far more reaching in its effect [210]*210than an expungement under MCL 780.621, found that to grant defendant’s motion would nonetheless violate “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.” Accordingly, the trial court denied defendant’s application.

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.3

[211]*211As previously noted, the expungement act does not specifically address the effect of a pardon, whether granted in this jurisdiction or another, on a defendant’s eligibility to seek expungement of a subsequent conviction. Resolution of this matter therefore requires interpretation of the relevant statutory provisions. This Court reviews de novo questions of statutory interpretation. People v Rahilly, 247 Mich App 108, 112; 635 NW2d 227 (2001).

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 [212]*212sought to have expunged, defendant was convicted of several misdemeanor offenses in Connecticut.4 Defendant argues, however, that because the Connecticut crimes have been unconditionally pardoned, they should not be considered as offenses for purposes of determining his eligibility for expungement under MCL 780.621(1). In making this argument, defendant asserts that the effect of his full pardon was to erase his convictions so that, as a matter of law, he was entitled to be treated as though the convictions had never occurred. The prosecutor responds that, while a full and unconditional pardon may remove all legal consequences attendant to an offense, it does not vitiate the historical fact of the conviction. Thus, the prosecutor argues, the Connecticut pardon is the functional equivalent of an expungement under MCL 780.621, of which defendant is entitled to only one. See MCL 780.624. To resolve this dispute, we must determine the legal effect of a pardon in Connecticut and whether such pardon is the functional equivalent of a Michigan expungement or something greater.

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 [213]*213§ 18-26(b). Where the pardon granted is absolute, the pardoned individual is entitled to have “all police and court records and records of the state’s or prosecuting attorney pertaining to such case . . . erased.” Conn Gen Stat § 54-142a(d). Thereafter, “any person [or law enforcement agency] charged with retention and control of such records,” may not disclose to anyone any information pertaining to the charge erased and, upon request of the pardoned individual, must “cause the actual physical destruction of [all court] records.”5 Conn Gen Stat § 54-142a(e); see also Doe v Manson, 183 Conn 183, 184-185; 438 A2d 859 (1981). Although such physical destruction may not occur “until three years have elapsed from the date of the final disposition of the criminal case to which such records pertain,” upon erasure, the individual is “deemed to have never been arrested .. . with respect to the proceedings so erased and may so swear under oath.” Conn Gen Stat § 54-142a(e).

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

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People v. Van Heck
651 N.W.2d 174 (Michigan Court of Appeals, 2002)

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Bluebook (online)
651 N.W.2d 174, 252 Mich. App. 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-van-heck-michctapp-2002.