For several years now there has been a contentious divide between the Republican and Democratic parties, so much so that it seems that if one party says up the other party will say down just for spite. However, here in Michigan, at least on one subject, the parties managed to see past politics to give bipartisan support for a bill that will have a positive impact on the State of Michigan and many of its residents. House Bill 4980 was signed by Governor Gretchen Whitmer on October 13, 2020.

What is this bill, and how can it help the state? The bill, commonly referred to as the Clean Slate Law, will make it easier and more automatic for people to have misdemeanor and felony convictions expunged from their records provided they do not commit another crime.

There are many ban-the-box laws in various states, counties, and cities, but sometimes these laws have the opposite effect of what they were designed to do. While the ban-the-box laws seek to control when and how employers can consider criminal records, this new law will remove certain records altogether. Having a clean record will help to make it easier for people to find employment and at a better pay rate.

One study found that “the record clearing intervention appeared to boost both average

employment rates and average earnings.”  This is an important step, and having more opportunities for work, housing, and government aid helps to prevent offenders from repeating their mistakes and committing more crimes.

The current process for expungement is so cumbersome and costly that less than 10% of those eligible even try to have eligible records cleared. The new process, as listed in the “Brief Summary” section of the bill, reads as follows:

“Each of the bills either amends an existing section of, or adds a new section to, 1965 PA

213, which provides for setting aside (expunging) a conviction in certain criminal cases.

The changes proposed by the bills include the following:

• Retain the current process by which an individual applies to have a conviction set aside and also allow for an automatic expungement process for certain convictions if required conditions were met (meaning the act’s requirements to file a petition would not apply).

• Expand the number and revise the types of felonies and misdemeanors eligible to be set aside by application and revise the waiting periods before being eligible to apply.

• Treat multiple felonies or misdemeanor offenses arising from the same transaction as a single felony or misdemeanor conviction, with certain conditions.

• Make most traffic offenses eligible for expungement.

• Allow a person to petition to set aside one or more marijuana offenses if the offense would not have been a crime if committed after the use of recreational marijuana by adults became legal in the state.

• Prohibit a person who had an eligible misdemeanor marijuana offense set aside from petitioning to be sentenced for any other offense for which the marijuana offense had been considered in the sentence for that other offense.”

Certain crimes such as violent crimes, child abuse, sexual assault, crimes that result in life sentences, to name a few, will not be eligible for expungement.

This new law will help people who have been able to maintain a clear record after having made a mistake and will also help employers who struggle with finding good employees. Helping people and employers will be good for our state overall. Good things can happen when leaders are willing to work together and do what is good and right for all concerned.

Sources: Bridgemi.com, legislature.mi.gov, papers.ssrn.com, crimeandjusticeresearchalliance.org