The automated process is still in its early stages
Michigan is one of only four states, along with Utah, California and Pennsylvania, to have modern automated expungement systems.
The program scans state criminal record lists daily, looking for offenses that meet the eligibility criteria to have the conviction revoked, including offense type, time elapsed since conviction, and whether statutory limits for automatic expungement have been reached. .
Prior to 2020, Michigan residents convicted of one felony or two misdemeanors or less for a specific crime were eligible to apply to the courts to have their records cleared unless they had committed another crime for at least five years. was there.
However, these rules do not apply to many nonviolent crimes, including traffic offenses, and criminal justice reform advocates say the cost and complexity of expunging records prevent many eligible residents from doing so. claimed to be. Researchers at the University of Michigan found only 6.5 percent of Michigan residents. succeeded in expunging the conviction from their records Within 5 years after obtaining the qualification.
The bipartisan “blank slate” bill, signed into law by Gov. Gretchen Whitmer in October 2020, overhauls the state’s eviction process, making that option available to anyone with three felonies or less and no count of misdemeanors. and expedite the process for marijuana possession. Related Convictions.
The law also allows people who have not since committed a crime, with a few exceptions, including violent crimes, crimes involving minors and vulnerable groups, to commit up to two felonies, seven It paved the way for the automatic dismissal of up to four misdemeanors a year later. Adult, sex offenses, and other serious crimes.
Some crimes, such as first-time drunk driving offenses, are not subject to automatic revocation, but can be revoked by petitioning a judge if the case does not involve death or serious injury.
It is reasonable that convictions not otherwise absolved are automatically expunged, including those of more obscure crimes. Misdemeanor convictions automatically dismissed in the original sentencing included three non-payment of Mackinac Bridge tolls, seven divination-related and five dueling-related counts. weeks of the program.Fortune-telling and dueling were prohibited Discontinued in 1993 and 2015Each.
Grand Rapids Democratic Rep. Phil Skaggs worked closely on the 2020 elimination bill on the staff of former Rep. David Ragland.
The bipartisan agreement on automatic termination is “a tremendous advance” that will ultimately allow thousands of otherwise eligible Michigan residents to do so without facing complex and costly legal hurdles. He said he will be able to enjoy the benefits of erasure.
“Any significant bill, especially one that hasn’t been tested in many other states, will face unforeseen problems and difficulties,” he said. “But overall, this has been a huge success in encouraging Michigans to try to take the straight and narrow road so they know they have this.”
looking to the future
As Michigan officials, advocates and convicted individuals become accustomed to the automated expungement process, observers say more work may be needed to keep the system running smoothly. points out.
Kamau Sandiford, Manager of the Safe & Just Michigans Organization clean slate programThe organization may still need to go to court to revoke old convictions, as some crimes subject to automatic expungement that are not tied to a specific criminal law may be missed by the system. said it was working with an individual
Sandiford added that the state does not have a system in place to notify individuals if a conviction has been revoked or is subject to revocation.
he pointed out Utah has a process for notifying individuals of what has or has not been automatically removed from their records, and hopes Michigan agencies will consider doing the same.
“We hope that at some point some sort of portal will be developed where people can easily access their records and determine what violations have been committed and will be automatically deleted. I look forward to it,” Sandiford said.
The Michigan Sheriff’s Association and other groups say that while it is likely that some individuals will be automatically cleared of felonies for purchasing firearms, it is possible that felonies will be automatically removed from the record for firearm purchases. I’m wondering what effect it has on performance. not recognized by the federal database Without direct intervention from the courts or the state.
Former sheriff Matt Saxton, executive director of the Michigan Sheriff’s Association, said he hasn’t heard much feedback from members since the procedure went into effect in April. At this point, from a law enforcement perspective, “it’s very difficult to tell if there’s been any significant change,” he said.
Saxton said part of the group’s initial concern was timing. That meant that certain felonies would be automatically dropped just as tougher firearms laws passed Congress. Ultimately, the question of whether people whose convictions have been automatically dismissed can buy firearms could be challenged in court, he said.
“At this point, we have to wait and see,” he said.
How to check your records
If a person’s conviction is subject to automatic expungement, no further action is required and the conviction will be expunged from state records.
If you want to find out if your conviction has been overturned, Personal record check national or Ichat Search public criminal records – If you don’t see a conviction, it has been removed from the record.
A personal records check requires fingerprints, a $30 processing fee, and includes all public and private criminal record information. ICHAT searches, on the other hand, cost $10 per name-based search and include publicly available criminal background information.
