Michigan Senate Bill SB0970

Michigan 2023-2024 Regular Session

• Introduced: 7/30/24
• Refer: 7/30/24
• Report Pass: 12/13/24
• Engrossed: 12/13/24
• Refer: 12/13/24

Caption

Criminal procedure: expunction; procedures and eligibility for the expungement of certain records; provide for. Amends secs. 1b, 1c, 1d, 2 & 3 of 1965 PA 213 (MCL 780.621b et seq.); adds sec. 1j & repeals sec. 4 of 1965 PA 213 (MCL 780.624).

Impact

If passed, SB 970 would significantly impact Michigan's criminal justice system by revising the laws governing the expungement of criminal records. This includes the ability for offenders who have served their sentences, including parole and probation, to apply for expungement after a specified waiting period. Notably, the bill limits what types of convictions can be expunged, particularly excluding serious violent crimes and certain offenses related to domestic violence, thereby ensuring that the most severe offenses do not qualify for this process.

Summary

Senate Bill 970 amends the 1965 Public Act 213 to outline procedures and eligibility for expungement of certain criminal records in Michigan. It provides a clear framework for individuals seeking to have their felony or misdemeanor convictions set aside, addressing specific conditions under which multiple offenses, if committed contemporaneously, can be treated as a single conviction. The bill aims to streamline the expungement process while also widening the potential for individuals with certain records to rehabilitate and reintegrate into society without the stigma of past convictions hindering their opportunities.

Sentiment

The sentiment surrounding SB 970 appears to be generally supportive among advocates for criminal justice reform who believe that the bill enables necessary changes to aid those who have committed offenses in reintegrating into society. However, there are concerns raised by some lawmakers regarding the balance between providing second chances and ensuring public safety, particularly around excluding specific violent crimes from expungement eligibility.

Contention

A significant point of contention within the discussions on SB 970 pertains to the types of offenses that remain ineligible for expungement. Critics argue that the exclusions could unjustly perpetuate the consequences of prior offenses and hinder individuals from moving forward in their lives, especially for those whose circumstances have changed. Proponents assert that maintaining certain restrictions is vital for public safety and accountability.