Michigan Senate Bill SB1174

Michigan 2023-2024 Regular Session

• Introduced: 12/3/24
• Refer: 12/3/24
• Report Pass: 12/11/24
• Refer: 12/11/24
• Report Pass: 12/12/24
• Engrossed: 12/13/24
• Refer: 12/13/24

Caption

Criminal procedure: expunction; availability of nonpublic records of the order setting aside a conviction; modify. Amends sec. 3 of 1965 PA 213 (MCL 780.623).

Impact

The impact of SB1174 is significant as it modifies how criminal records are handled post-expunction, thereby enhancing the privacy of individuals who have had their convictions set aside. The amendments to the laws governing nonpublic records ensure that pertinent information is only available to authorized parties under specific circumstances. This change could remove barriers for those trying to gain employment or secure licenses by shielding them from the collateral consequences that often accompany a criminal record. Moreover, it emphasizes a rehabilitative approach to handling past offenses, allowing individuals a chance to move forward without their history constantly shadowing them.

Summary

Senate Bill 1174 aims to amend the existing Michigan law regarding the expunction of criminal convictions. Specifically, it seeks to modify section 3 of Public Act 213 of 1965, which governs the setting aside of certain criminal convictions. This bill establishes that when a court sets aside a conviction, a nonpublic record containing details about the conviction is maintained by the Department of State Police. This nonpublic record is accessible only to certain authorized bodies, such as law enforcement agencies, licensing agencies, and the courts for specific legal purposes. The goal of the bill is to help individuals who have had their convictions set aside to better reintegrate into society by managing how sensitive information is shared and utilized.

Sentiment

The sentiment around Senate Bill 1174 appears to be largely supportive, particularly from rehabilitation advocates who argue that it helps promote second chances for individuals with past convictions. Supporters emphasize its potential to alleviate stigma faced by those attempting to reintegrate into society. However, there may be concerns among some law enforcement or victim rights groups regarding the accessibility of certain information, which could lead to a debate about balancing public safety with the rights of rehabilitated individuals. Overall, the bill reflects a growing recognition of the need for reform in how the legal system treats individuals with criminal histories.

Contention

One notable point of contention surrounding SB1174 includes the level of access that law enforcement agencies will retain to nonpublic records. While proponents of the bill advocate for the rehabilitation and privacy of individuals, opponents may argue that maintaining discretion in the release of such records is essential for public safety and accountability. The discourse may include concerns over whether the bill sufficiently protects the rights of victims or if it inadvertently undermines the integrity of the legal process by too greatly restricting access to important historical information.