Michigan House Bill HB4956

Michigan 2023-2024 Regular Session

• Introduced: 9/7/23
• Refer: 9/7/23
• Report Pass: 9/20/23
• Engrossed: 11/1/23
• Refer: 11/2/23
• Report Pass: 11/7/23
• Enrolled: 11/8/23
• Chaptered: 12/31/23
• Passed: 12/31/23

Caption

Criminal procedure: expunction; reference to crime of partial birth abortion; remove to reflect repeal. Amends sec. 1 of 1965 PA 213 (MCL 780.621). TIE BAR WITH: HB 4949'23

Impact

If enacted, this bill would have a significant impact on Michigan state law regarding the expungement process. Specifically, it would modify the existing framework to potentially allow a greater number of individuals to clear their criminal records, particularly those with non-violent offenses. The focus on limiting the expungement of assaultive crimes is particularly notable, as it seeks to balance the interests of justice with public safety. The changes could lead to increased opportunities for employment and housing for those previously convicted, particularly benefiting communities seeking to reduce recidivism rates.

Summary

House Bill 4956 seeks to amend the Michigan law concerning the expungement of criminal records, specifically focusing on certain convictions under the 1965 PA 213. The bill allows individuals convicted of up to three felony offenses to petition the court for the setting aside of their convictions. However, it places limits on the types of offenses that can be expunged, particularly emphasizing restrictions around assaultive crimes and repeat offenses, which are defined within the bill. This legislative proposal reflects an ongoing effort to reform the criminal justice system in Michigan by providing second chances and reducing barriers for those looking to reintegrate into society.

Sentiment

The general sentiment around HB 4956 appears to be cautiously optimistic among its supporters, who view it as a step toward more equitable treatment of individuals with criminal histories. Advocates for criminal justice reform believe that providing a pathway for expungement is essential in supporting rehabilitation efforts. Conversely, there are concerns voiced by some stakeholders about the potential implications for public safety, particularly regarding the expungement of assaultive crime convictions. This dichotomy reveals a broader debate in society about redemption versus accountability.

Contention

Notably, points of contention surrounding this bill include the limits placed on expungements for assaultive crimes, where critics argue that the restrictions could unfairly disadvantage individuals seeking rehabilitation. There is also discussion about the criteria establishing what constitutes a minor offense, particularly relating to those who fall under the category of human trafficking victims. These discussions reflect the complexities of criminal justice reform, where balancing second chances with community safety remains a critical challenge.