Michigan Expungement Law and The Effect on Background Checks

By the strict definition, when something is expunged, it’s gone. It exists only in memory and not on paper or in a database. In actual practice, the term “expungement” is often used to refer to something that may still exist but is difficult to get at.

What Are Expunged Criminal Records?

When it relates to criminal records, expungement (which is sometimes called expunction) is a process, ordered by a court, whereby the record of an arrest or conviction is erased in the eyes of the law. A person who has had a conviction expunged is allowed to act as if it never happened. They aren’t required to disclose the information when answering questions, filling out forms or applying for a job.

Convictions under state law are often eligible for expungement, but not everyone who is eligible applies. In fact, it’s been estimated that fewer than 10 percent of eligible Americans successfully complete the process and have their arrests and convictions expunged. There are a couple reasons for that. First, laws on expungement eligibility vary by state and are often complex, and many ex-offenders don’t realize that they’re eligible. Second, the process can be difficult and expensive. If there’s more than one conviction, the individual may have to complete the process separately for each.

Expungement is done differently in different jurisdictions. Some adhere to the strict definition of expungement and physically destroy the files and delete the digital record. Others merely prohibit the release or distribution of the record in question. When this happens, the “expunged” event is still a part of the person’s record, available to some people in specific circumstances. For example, if the person commits new crimes, the court may consider the record while passing sentence.

Expungement applies only to offenses under state law. Federal convictions can be neither expunged or sealed.

In any case, criminal record expungement is a process that can change an ex-offender’s life. Historically, however, only a small minority of eligible individuals have taken advantage of it. Some see this as a social justice issue, since poor people and minorities are overrepresented in arrests and criminal convictions. In 2014, Community Legal Services (CLS) of Philadelphia did something about this. They developed computer software that automatically creates expungement petitions for eligible individuals.

Understanding Clean Slate Laws

A state has the power to go further than CLS of Philadelphia. They don’t have to stop at creating petitions. They can build automated processes that search their criminal records, find eligible individuals and automatically either expunge or seal the records. Many states, including Michigan, are beginning to do just that. The laws that authorize this process are called “clean slate laws.” The individual doesn’t have to file petitions or take any sort of action to make expungement happen.

Clean slate laws are an obvious boon to the ex-offender, and they are not without benefits to the state and to employers that do business in the state. Ex-offenders with jobs are more likely to become productive members of society and less likely to re-offend. Employers gain an expanded pool of candidates. In fact, many employers note that these people do their jobs as well as or better than their colleagues. Expungement provides a benefit to states that no longer bear the social costs of excluding these persons from useful employment.