Beginning on April 11, 2023, Michigan State Police implemented a new process for automatically expunging certain convictions per the Clean Slate legislation enacted in 2020. This process will allow eligible convictions to be expunged without requiring an application from the individual. The Criminal Historical Record database will be used to determine when the waiting period for each conviction has been satisfied.
It was expected that over 1 million Michigan residents will have convictions automatically expunged on the first day of the program, with approximately 400,000 individuals becoming completely conviction-free. As the program continues to run, these numbers are anticipated to increase. This poses a significant challenge to those conducting background checks.
Criteria for Record Expungement
Under the new law, records will be automatically set aside based on specific criteria. The criteria for setting aside records will vary depending on the type of record, but the goal is to ensure that records are accessible for legal and investigative purposes, while protecting the privacy of individuals. Here is an overview of the specific criteria for automatic record expungement:
- Misdemeanors that are punishable by less than 92 days imprisonment will have no limit on the number of records that can be expunged after 7 years.
- Misdemeanors punishable by 93 days or more imprisonment will be limited to a maximum of four records after 7 years.
- Felonies can be expunged after 10 years, with a maximum of two records.
Limitations on Automatic Set Aside
It's important to note that not all convictions are eligible. The following convictions are not eligible for automatic expungement under the Clean Slate Law:
- Assaultive crimes
- Serious misdemeanors
- Crimes of dishonesty
- Offenses punishable by 10 or more years imprisonment
- Traffic offenses that cause injury or death
- Violations related to human trafficking
- Operating while intoxicated
Furthermore, convictions that are subject to a conviction-related suspension or revocation of a professional or occupational license are not eligible for automatic expungement.
County Search Delays
The implementation of this new law will have a significant impact on how background checks are conducted, particularly in the courts' systems used to provide access to public records. As eligible cases are expunged under the new law, changes to the information contained in these systems are inevitable, leading to potential discrepancies for employers conducting background checks.
Michigan county searches may experience delays as courthouses update their systems to reflect the new law. During the system updates, criminal search scopes will be limited to seven-year searches. Once the system updates are complete, criminal search scopes can extend beyond the seven-year scope.
Implications for Employers
With the Clean Slate law now in effect, it is important for employers to understand its impact on background checks and criminal record information in Michigan. Here are some key points to keep in mind:
- Familiarize yourself with the details of the Clean Slate law, including which convictions are eligible for automatic expungement and which are not.
- Stay informed about updates to the law and its implementation across Michigan to ensure you are up-to-date on the latest information.
- Be aware that certain criminal records may not be visible in public court documents, potentially causing a gap between what you anticipate and the details open to the public.
- Employers should review their hiring policies and recruitment strategies to make sure they are compliant with any new legal requirements.
It is important for employers to understand the law and its implications for compliance and a fair and equitable hiring process. To assist with this process, The Orsus Group offers comprehensive background check solutions and helps employers navigate the changing landscape of Michigan background checks. If you have any questions or need more information, please don't hesitate to reach out to us.