Michigan House Bill HB5958

Michigan 2023-2024 Regular Session

• Introduced: 9/26/24
• Refer: 9/26/24

Caption

Criminal procedure: expunction; certain conditions allowing for setting aside convictions and certain implementation dates; amend. Amends sec. 1g of 1965 PA 213 (MCL 780.621g).

Impact

The implications of HB 5958 can be substantial for individuals with criminal records, as it eases the process of expungement by reducing the administrative burden typically required to file an application. Additionally, the bill limits the number of convictions that can be set aside to two felonies and four misdemeanors during a person’s lifetime, which could streamline the clearing of records for many while still maintaining some restrictions against those with repeated serious offenses.

Summary

House Bill 5958 aims to amend existing legislation regarding the expungement of certain criminal convictions in Michigan. The bill proposes that misdemeanors with a maximum punishment of 92 days can be set aside automatically after seven years, while felony convictions may also be set aside after ten years under specific circumstances. This shift represents a significant change in Michigan's approach to managing criminal records, potentially affecting thousands of individuals seeking to remove the barriers posed by past convictions on their lives.

Contention

However, the proposal has generated discussion regarding the balance between offering second chances and ensuring public safety. Opponents may argue that automatic expungement for felonies might overlook the severity of certain crimes, particularly violent or serious offenses, and could potentially undermine public confidence in the justice system. Additionally, provisions allowing for implementation delays by the governor due to technological requirements might delay the potential benefits of the bill.

Implementation

Finally, the success of HB 5958 relies on appropriate funding and the development of a reliable system for tracking and maintaining records of expunged convictions. The legislation stipulates that several state departments, including the Department of Technology, Management, and Budget, must collaborate in creating the necessary processes. The overall impact of this bill represents a step towards more progressive criminal justice policies in Michigan.