LANSING, Mich. (AP) — Michigan will automatically expunge qualifying felonies after Gov. Gretchen Whitmer signed bills Monday in Detroit that supporters say will affect hundreds of thousands of people’s ability to work and thrive.
The “Clean Slate” legislation requires the state to create an automated system over the next two years for expungements of certain felonies after 10 years and misdemeanors after seven years.
The legislation does not expand expungement for certain offenses involving assault, weapons, felonies that carry a maximum sentence of life in prison or driving under the influence .
Other parts of the package take effect in 180 days and allows those with marijuana misdemeanor convictions to apply for expungement if their offenses would have been legal for recreational use approved in 2018.
Whitmer was joined at the bill signing by supporters and lawmakers, including Lt. Gov. Garlin Gilchrist II who spoke about helping those who’ve made a mistake to have the opportunity to lead a better life.
“If we want a state where everyone has the opportunity to contribute to our society, secure meaningful work, provide for their families, find a home and build their futures, we can cannot maintain lifelong barriers for someone based on past mistakes,” Gilchrist said.
Safe & Just Michigan Executive Director John Cooper said traffic offenses make up half of all criminal cases in Michigan and now many of those people will be eligible for expungement.
“This package will increase economic productivity, increase our tax base, expand our workforce, increase incomes for hundreds of thousands of people and their families, and allow hundreds thousands of people to fully participate in our economy and our communities,” Cooper said.
Only 6.5% of people who qualify for expungement in the state end up clearing their records after five years of eligibility, according to a recent study from the University of Michigan. Being able to have a criminal record expunged, lowers recidivism rates and opens up opportunities for economic growth, speakers said citing the study.
Research conducted by the University of Michigan Law School, which was recently published by the Harvard Law Review, found that people who receive expungements see a 23% increase in income within a year.
This means more resources for families and communities, and a broader tax base, without any negative impact on public safety.
The changes proposed by House Bills 4980-4985 and 5120 include the following:
• Creates an automatic process for setting aside eligible misdemeanors after seven years and eligible non-assaultive felonies after 10 years.
• Expands the number and revises the types of felonies and misdemeanors eligible to be set aside by application.
• Revises 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, provided the offenses happened within 24 hours of one another and are not assaultive crimes, or involves possession or use of a dangerous weapon, or is a crime that carries penalty of 10 or more years in prison.
• Expands expungement eligibility to various traffic offenses
• 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.
“Thousands of Detroiters who want to work and be a part of Detroit’s comeback have been held back for too long because of mistakes they’ve made in their past,” said Detroit Mayor Mike Duggan. “Thanks to the governor and our state legislators, more than 80,000 more Detroiters now will be eligible to have those past mistakes removed from their record and a chance at a new start. Detroit’s Project Clean Slate has helped hundreds of people get their records expunged already. It’s free, helps clients through the entire process and connects them to opportunities through Detroit At Work.”
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