Expungement of Tribal Court Criminal Convictions

Bay Mills Indian Community

Marijuana Only. Delayed sentencing possible, with expungement of conviction if defendant successfully follows through.  Most commonly used in Healing to Wellness Program.

Grand Traverse Band of Ottawa and Chippewa Indians

Delayed sentencing for up to a year, with the conviction expunged is an option. GTBC §201 also incorporates Michigan law when GTB law is silent. 

Hannahville Indian Community

HLC § 1.1608 allows. Limited to 2 convictions in lifetime; certain convictions ineligible to be set aside (Major Crimes/MVC)

Keweenaw Bay Indian Community

Expungement Provision Currently Pending BIA Approval.  (need to update?)

Lac Vieux Desert Band of Lake Superior Chippewa Indians

Juveniles:  @ 18, convictions set aside except for an offense which would constitute a felony if committed by an adult; must wait 10 years to set aside; or a criminal traffic offense, if committed by an adult would constitute a felony;  must wait 10 years to set aside. 

Adults: Felonies:  10 year wait. 

Misdemeanors: 5 year wait. Limited to 1 felony and 1 misdemeanor. No other convictions in any other tribunal. If conviction for a serious misdemeanor or assaultive crime, victim must be placed on notice and given an opportunity to appear.

Little River Band of Ottawa Indians

General provision - Article IX of Tribal Court Ordinance - Michigan law applies in the absence of any tribal or federal law.

Little Traverse Bay Band of Odawa Indians

No known provisions. 

Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians

A deferral is possible, with no conviction entered if defendant complies with deferral condition. 

Nottawaseppi Huron Band of the Potawatomi

Victims of Human Trafficking can apply to set aside convictions re. to prostitution delayed sentencing avail. With conviction expunged.8 NHBPTC §8.23-9; 8 NHBPTC 8-23

Pokagon Band of Potawatomi Indians

PBCP §15 allows for deferral and expungement after period of deferral has run, & defendant has adhered with terms & conditions of deferral.  Court may either raise expungement sua sponte, or by motion of the defendant or defense counsel.

Saginaw Chippewa Indian Tribe of Michigan

Title XII, 12.310 provides for the expungement of juvenile convictions.  The earliest juvenile convictions can be set aside is 2 years after the court no longer has jurisdiction of a matter.

Sault Ste. Marie Tribe of Chippewa Indians

§77 dictates.  Only 1 conviction may be set aside. 5 years must have lapsed. Cannot set aside homicide, abuse of office, CSC or any sexual offenses requiring SORNA registration, or conspiracy to commit any of the above.  Cannot have any other past or present pending convictions in any other jurisdiction. (has been updated more recently?)