Michigan, like most other states, has a criminal expungement process that allows a person to petition the court to clear, or expunge, a criminal conviction when they have paid their debt to society.

Our state’s current law allows for a person to apply for the expungement of one felony or two misdemeanor convictions five years after an individual has finished their criminal sentence, based on certain criteria.

This is a relatively obscure process that few are eligible apply for. A recent University of Michigan study indicated that, of the eligible criminals in our state, only 6.5 percent have their records expunged within five years of becoming eligible. In fact, more than 90 percent of people who are eligible don’t even apply to have their convictions expunged. 

Perhaps in response to this data, legislation was introduced to increase participation in the expungement process. The bills aim to accomplish this by making more offenses eligible, by increasing the maximum number of felonies and misdemeanors that can be set aside, and by automatically expunging certain eligible offenders.

Supporters of the bills say they would address an awareness issue and help former convicts find employment. Those who oppose argue the current system works when utilized and perhaps an awareness campaign would be better than automatically expunging convictions, which they say doesn’t take into account crime victims and could come at a significant expense to taxpayers.

If changes to Michigan’s expungement process are needed, it is my goal to make sure they are meaningful and done without unintended consequences. I invite your thoughts and ideas on this issue as the legislation makes its way through the Legislature. If you would like to share further comments or concerns, please send me an email at SenKLaSata@senate.michigan.gov.