Is a Second Chance a Terrible Idea?
Michigan’s “second chance” bill unanimously passed both the state House and Senate last December. Just days ago it also received the governor’s signature and passed into law. But for all the wide support this bill has received, both in government and by a number of legal groups, including the State Bar of Michigan and the Michigan Judges Association, there are those who feel that it’s a terrible idea.
Pat Clawson, who works as a private investigator and investigative journalist in Flint, testified before the Legislature against the bill, saying that he felt it endangered the public. He explained that employers would unwittingly hire individuals with criminal histories, which puts other workers, clients and the business itself in danger.
But Clawson, it seems, is in the minority here. A great many people around the state are in favor of this new law, including Ingham County Circuit Court Judge Rosemarie E. Aquilina. She describes the bill as being a sign that our tax dollars allocated for criminal rehabilitation are working.
Prior Michigan law allowed for individuals who have a single conviction to request that the court expunge their record after a five year post release period. But the new law will expand on that option. It will allow certain low level offenders to have up to two misdemeanors and no more than one felony removed from their records after a five year period.
It is important to note that this option isn’t available for all types of crimes. Convictions for robbery, larceny, assault and bribery are examples of crimes that may be expunged under the new law. But the list of crimes that are ineligible for expungement is considerably longer. It includes most sexual offenses (like rape), child abuse crimes, convictions for drunk driving, murder, domestic assault felonies for individuals with prior assault convictions, terrorism crimes, human trafficking, and any crime punishable by a life sentence.
According to Representative Stacy Erwin-Oakes, the bill’s sponsor, the point behind this is to make it easier for people who had a single felony conviction to get a job. But this isn’t just a “get out of a criminal record free” card – there is much more to it than that.
Each individual who meets the criteria would need to petition the court for expunction, and their history would be closely scrutinized. The court will be looking for proof that they have indeed met all of the requirements and changed their behavior. And the final decision would still lie with a judge, who would decide for each petitioning individual on a case-by-case basis.
Want to know if you qualify for an expungement? Take a look at our expungement page for more information. Get the help you need to clean up your criminal record.