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A proposed package of MI bills could create new opportunities for certain types of convictions to be expunged.

Criminal Expungement

Legislators in Michigan submitted a package of six bills that would create new expungement laws for residents. The bills call for:

· Automatic expungement of records for individuals who have up to four misdemeanors and two felonies when ten years have passed since sentencing, probation, parole or time in prison (whichever is the latest date). This only applies if the offenses are not assaultive and the person has not incurred any additional convictions.
· Most traffic violations would be eligible for expungement after ten years. This excludes DUIs, accidents that resulted in death and other offenses.
· Marijuana-related misdemeanors for offenses that have since been de-criminalized would become eligible for expungement.
· People who have up to three non-violent convictions can be eligible to have up to two felonies and four misdemeanors expunged.
· The amount of time that must pass for certain types of misdemeanors and felonies to become eligible for expungement could be shortened. For example:
- Misdemeanors can be eligible after three years.
- Felonies can be eligible after seven years.
· Multiple offenses that occurred during “One Bad Night” may be eligible to be sealed. This means offenses which occur within 24-hours would be treated as a single felony if none were violent, involved weapons or resulted in more than ten years of incarceration.

Representative Eric Leutheuser supports this package of bills. He said: “It’s one of those things that is truly and profoundly good. I think we could be making one of the most significant efforts in generations to help our fellow citizens gain fuller participation in our common life.”

Juvenile Records May Be Sealed

Michigan Senate Bill 681 (SB681) seeks to lower the age at which residents may have juvenile records sealed. Currently, people must wait until they are 18 to submit a request. These requests can be made one year after disposition or release from detention.

The bill would eliminate that age requirement and allow people to submit requests one year after a period of court supervision ends. It also calls for records to be automatically sealed two years after court supervision ends or the individual becomes 18, whichever occurs later.

SB681 lists specific criteria for what can and cannot be sealed. Read the full bill.

Senate Bill 682 (SB682) seeks to automatically seal juvenile court records to everyone other than law enforcement agencies. If passed, it would go into effect in January 2021. Read the full bill.

What Michigan Employers Should Know

These second chance bills have strong support and are likely to be approved. Senator Jeff Irwin spoke in favor of these bills, saying: “Everybody deserves a second chance. When people make mistakes, especially when they are young, the criminal justice system should focus on rehabilitation and getting people back on track. We're making good progress on reforming the expungement system for adults and we ought to extend similar opportunities to people who committed their crimes as juveniles."

If some or all of the bills referenced above become law, then employers in Michigan must adjust their hiring and background screening policies to ensure compliance. Criminal records that have been sealed or expunged cannot be considered for any employment-related decisions.

Stay Compliant When Background Screening

Backgrounds Online keeps up with laws that affect employers. Watch our site for details about new and changing laws where you operate. We also recommend creating and maintaining written policies that cover your entire hiring process. Have this documentation reviewed by legal counsel to make sure it covers all relevant laws.

When you’re ready to run background checks, please contact us. Our background reports provide data you can use when hiring, promoting and making other essential business decisions. We are available to assist you Monday through Friday from 5am to 6pm PT.