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Judgment of Guilt in Criminal Prosecution or Judgment in Civil Action as Evidence in Determining Good Moral Character; Notice; Rebuttal - Mich. Comp. Laws Section 338.42

Legal Research Home > Michigan Laws > Professions And Occupations > Judgment of Guilt in Criminal Prosecution or Judgment in Civil Action as Evidence in Determining Good Moral Character; Notice; Rebuttal - Mich. Comp. Laws Section 338.42

Sec. 2.

A judgment of guilt in a criminal prosecution or a judgment in a civil action shall not be used, in and of itself, by a licensing board or agency as proof of a person's lack of good moral character. It may be used as evidence in the determination, and when so used the person shall be notified and shall be permitted to rebut the evidence by showing that at the current time he or she has the ability to, and is likely to, serve the public in a fair, honest, and open manner, that he or she is rehabilitated, or that the substance of the former offense is not reasonably related to the occupation or profession for which he or she seeks to be licensed.

History: 1974, Act 381, Eff. Apr. 1, 1975 ;-- Am. 1978, Act 294, Imd. Eff. July 10, 1978
Compiler's Notes: For transfer of powers and duties of the bureau of family services from the department of consumer and industry services to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

Last modified: March 17, 2013