Michigan May Help Residents Expunge Marijuana Convictions

December 03, 2019
The state House passed a bill that would allow thousands of residents to have certain marijuana related convictions sealed.
Backgrounds Online | December 03, 2019


The state House passed a bill that would allow thousands of residents to have certain marijuana-related convictions sealed.

A Bill To Expunge Marijuana Criminal Convictions

The Michigan House passed a bill that would expunge thousands of convictions for marijuana offenses. If this bill becomes law, then eligible criminal records for recreational marijuana use would be sealed. This includes convictions for activities that are no longer deemed criminal offenses in MI.

To qualify for an expungement, the person must not have incurred any additional convictions since marijuana usage was made legal.

This legislation is supported by Genesee County Prosecutor David Leyton. He spoke about the bill: “People that get their record expunged will get a second chance that I think they should have. I think it will help them looking for work." Leyton and other supporters believe this will help thousands of Michigan residents find new employment opportunities.

The next step for this bill is to have it voted on in the Senate. If it is approved there, then it will become state law. Backgrounds Online will keep an eye on the progress of this bill and provide updates as they happen.

What Happens When A Conviction Is Expunged

When a criminal record is sealed or expunged, it is as if the conviction never occurred. An expunged record cannot be considered by employers or used for any business-related purpose. The person who had that record can legally say they do not have a conviction (assuming they did not incur any others).

Therefore, an expunged criminal record will not be included on a background check that is compiled by a reputable Consumer Reporting Agency. These reports may only contain data employers can legally use to help make important decisions, such as for hiring, employee retention and promotions.

What MI Employers Should Know

Michigan employers should know that if this bill passes, thousands of existing convictions could be expunged. Those records would no longer be reportable and therefore could not be referenced or considered when making business decisions such as whether or not to bring on an employee, contractor or volunteer.

Several other states have passed expungement laws for certain types of minor convictions. Every employer should be aware of laws that are in effect where they operate. It is essential for employers to comply with all relevant federal, state and local laws. Not doing so could result in lawsuits, fines and other legal repercussions.

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If you need background checks, rely on the services of a Consumer Reporting Agency that is accredited by the Professional Background Screening Association. Backgrounds Online is proud of our accreditation as it demonstrates our ongoing commitment to professionalism, ethics and compliance. We produce consumer reports that businesses may legally use to make informed decisions, create safe workplaces and demonstrate due diligence.

When you’re ready to run background checks, please contact us. Our experienced team is here to assist you Monday through Friday from 5am to 6pm PT.