Michigan House Bill HB6236

Michigan 2023-2024 Regular Session

• Introduced: 12/4/24
• Refer: 12/4/24

Caption

Criminal procedure: expunction; expungement of domestic violence convictions; prohibit. Amends sec. 1c of 1965 PA 213 (MCL 780.621c).

Impact

The implications of HB 6236 are significant, particularly in terms of its restrictive approach to expungement. By prohibiting the setting aside of convictions for serious crimes, the bill maintains accountability for those offenders and prevents them from not only concealing their criminal background but also potentially reintegrating seamlessly into society. Advocates for the bill argue that this will protect public safety, while critics may contend it limits the opportunity for rehabilitation of individuals who have committed less severe offenses. This legislative change may also alter how courts view rehabilitation efforts by individuals seeking to expunge certain convictions.

Summary

House Bill 6236 seeks to amend the 1965 PA 213 statute related to expunging criminal convictions in the state of Michigan. The bill stipulates specific categories of convictions that cannot be set aside, which includes felonies punishable by life imprisonment, certain violations of the Michigan Penal Code, and various traffic offenses, particularly those leading to injury or death. This revision aims to enforce stricter criteria regarding the expungement of criminal records, particularly concerning serious offenses such as domestic violence and operating while intoxicated.

Contention

Opposition to HB 6236 may arise from those who believe that the bill further complicates the issues surrounding re-entry for former offenders. Critics, including advocacy groups, express concern that the lack of opportunity for expunging certain convictions—like a first-time operating while intoxicated—could disproportionately affect individuals striving for better lives post-conviction. There are arguments suggesting that the bill may perpetuate cycles of inequality and marginalization, particularly for those whose offenses stemmed from addiction or economic hardship, thereby restricting their ability to lead productive lives after serving their sentences.