The Setting Aside Convictions Act (SACA); Mootness

Given that defendant-Tull’s felony conviction had “been automatically set aside under MCL 780.621g(2),” the court concluded his appeal from the circuit court’s denial of his application under the SACA was now moot. Thus, it dismissed the appeal. The trial court register of actions for the offense in question indicated “the Michigan State Police automatically set aside Mr. Tull’s conviction on” 7/18/23 under MCL 780.621g, the SACA’s automatic expungement provision. Because the conviction was set aside after the court “granted leave to appeal, this issue has become moot.” There was no controversy for the court “to decide, because Mr. Tull has already obtained his requested relief via MCL 780.621g(2) and it would, therefore, be impossible for [it] to fashion a remedy.”