More Michiganders Could Expunge Criminal Records Under Bill Nearing Governor's Desk

[bobandtorey]

LANSING, MI - Michigan lawmakers have signed off on legislation that would expand the opportunity for some convicts to expunge certain crimes from their records.

House Bill 4186 was unanimously approved by the Senate on Thursday night as the 2013-14 session neared an end. The proposal must head back to the House for enrollment before reaching the governor’s desk for final approval.

"Ultimately, this means that individuals will have a chance at having criminal offenses removed from their record, thereby giving them a second chance," said sponsoring Rep. Stacy Erwin Oakes, D-Saginaw. "That would then allow them to hopefully gain employment and even housing."

Current law allows some residents with a single conviction to request expungement five years after sentencing or prison release.

The bill would expand that opportunity to some people convicted of a single felony and no more than two misdemeanors. They could petition the court for expunction five years after finishing probation or parole.

“The judge still has discretion,” said Oakes. “It’s not automatic.”

Certain crimes are ineligible for expungement including those punishable by life in prison, most sexual offenses, some instances of domestic violence, stalking, causing death by explosives, swatting or certain traffic offenses, such as drunk driving.

The bill would expand that list to prevent expungement for second-degree child abuse, human trafficking, terrorism offenses, other sexual crimes and domestic violence felonies for offenders with prior domestic violence misdemeanor convictions.

Related: The invisible sentence? Michigan bill would allow more convicts to expunge criminal records

The expungement legislation is supported by a number of legal groups, including the State Bar of Michigan, the Prosecuting Attorneys Association of Michigan and the Michigan Judges Association.

"This is not a soft on crime bill," Ingham County Circuit Court Judge Rosemarie E. Aquilina said during committee testimony last year when lawmakers first began considering the change.

"This tells you that the dollars you have spent, that you have allocated for rehabilitation, are working. It tells you that the message has been sent that your dollars for incarceration, your probation dollars, they worked. This person did everything they were supposed to, then they went out and changed their life. They deserve expungement."

Expunged records are not public but can still be accessed by judges and law enforcement authorities. The bill, as approved, would allow victims to discuss convictions without penalty even if the record has been expunged.

[t-pain]

“The judge still has discretion,” said Oakes. “It’s not automatic.”

so you have to convince a prohibitionist judge to expunge your marijuana crime?

somehow i have my doubts.....

[bobandtorey]

Thanks 

 

Just so that you and i understand it 

 

I agree

[shishka]

Thanks for posting this Bob. If Snyder signs this I am going to be the happiest person in Michigan. Luckily my convicting court was A2/Washtenaw. Should be a slam dunk to get my growing felony growing expunged.

Edited December 20, 2014 by shishka

[bobandtorey]

 welcome

 

He will sign this one 

[shishka]

Yeah I know they tried this a couple years ago with SB244.

 

Well well well, I may be able to play(legally)after all.

 

Going to read the bill again...

Edited December 20, 2014 by shishka

[t-pain]

good luck shishka!!!!!!

[trichcycler]

would a 1980's 7411 misdemeanor be eligible for expungement? or is that already gone?

[bobandtorey]

Anything can be expunged if you don't mine paying $$ to get it done imo

[shishka]

good luck shishka!!!!!!

Thank you. Some day I just might come out from the shadows.

 

would a 1980's 7411 misdemeanor be eligible for expungement? or is that already gone?

A 7411 should already be gone.

 

Anything can be expunged if you don't mine paying $$ to get it done imo

Not so sure about that, I tried throwing money at mine and couldn't find a lawyer that would even try. Was told even if a judge went along with it the MSP would never let it slide through.

[bobandtorey]

Thank you. Some day I just might come out from the shadows.

 

A 7411 should already be gone.

 

Not so sure about that, I tried throwing money at mine and couldn't find a lawyer that would even try. Was told even if a judge went along with it the MSP would never let it slide through.

Well maybe this Bill will make it better to get it done i hope so