2004 House Bill 5493 (Revise criminal record expungement grounds)

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Introduced by Rep. Mary Waters (D) on February 10, 2004, to revise the grounds for seeking to have a criminal record expunged from a person’s record. The bill would allow a person convicted of only one felony offense or not more than two misdemeanor offenses to apply to have either the felony conviction or one or both of the misdemeanors expunged. This would not apply to a conviction for an assaultive crime, including criminal sexual conduct, convictions for crimes punishable by life imprisonment, or traffic offenses. Under current law, only a person with a single criminal conviction can petition to have the record expunged.
- Referred to the House Criminal Justice Committee on February 10, 2004.
  - Reported in the House on December 1, 2004, with the recommendation that the substitute (H-4) be adopted and that the bill then pass.
- Substitute offered in the House on December 2, 2004, to replace the previous version of the bill with one that revises the crimes that can be expunged. See House-passed bill for details. The substitute passed in the House by voice vote on December 2, 2004.
Passed in the House (100 to 0) on December 2, 2004, to revise the grounds for seeking to have a criminal record expunged from a person’s record. The bill would allow a person convicted of either one felony offense and no other offenses, or not more than two misdemeanor offenses, to apply to have the convictions set aside. This would not apply to a conviction for criminal sexual conduct, convictions for crimes punishable by life imprisonment, or traffic offenses. Under current law, only a person with a single criminal conviction can petition to have the record expunged. [Vote Details and Comments]
Received in the Senate on December 7, 2004.
- Referred to the Senate Judiciary Committee on December 7, 2004.

Most Recent Comments

1) Re: I see [by "convict" on September 7, 2009]

Its not to put them on equal footing, its to provide a second chance at gainful employment and ultimately rehabilitation. Alot of good people are convicted felons, alot of people who would be all-star employees anywhere they go. Even the most morally righteous among us are capable of making mistakes. But all that moral righteousness gets sold when the "convict" can't feed his family with his bi-weekly McDonald's check and decides there is better money in crime and no other real opporunity. Recidivism, anyone?

Or, the "75% who did not get caught up" can continue paying, in tax dollars, for "convicts" to recieve welfare and other forms of government aid, welfare the "convicts" never wanted but are forced to seek because they can't afford to eat. Hell, maybe you would like to have me over for Christmas dinner at your place. Or perhaps anyone who is convicted of any crime should recieve a death sentence?

Not many of us are interested in running for public office. Most of us have given up on owning a firearm. And we would all gladly surrender these and many more priveleges in exchange for employment opportunities that can realistically feed our families. Some of us would even surrender parts of our bodies...

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2) Re: Is the purpose to register more "voters". [by ghendrickson on April 30, 2009]

[quote user="discouraged77"]

Not everyone convicted of a felony is a menace to society.... good people can make bad decisions, or get in bad situations and i use

[/quote]

I absolutely agree that by no means is everyone that is convicted of a felony a menace. In terms of criminal record expungement one of the biggest reasons that felons commit crimes again is because they are discriminated against when trying to find a job and make an honest living. One of the main ideas of the justice system is to rehabilitate offenders and if they aren't treated as if they were then what is the point. If you get out of prison and try for a year to make an honest living and nobody will hire you, do you think after applying to 200 jobs people are just going to give up and starve to death?

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3) Re: Is the purpose to register more "voters". [by discouraged77 on April 15, 2009]

felons can already vote im michigan so this would not be the intent. Not everyone convicted of a felony is a menace to society. People always tellme in the exception to the rule. However I can see the perspective of many people, but good people can make bad decisions, or get in bad situations and i use my incident as a testimony often BUT it still doesnt change I don't deserve the way I have been treated a person never spending a day in jail Im not a drug peddler, embezzler or dishonest person. I am a person who got a felony for rolling the window up on an officer who made a racial remark towards me. I refuse to play the race card cause Im responsible for my behavior, but I dont believe I should be crucified and stripped of everything Ive worked hard for because one day I let my emotions get the best of me and did something more immature and irresponsible but no one was harmed society was not endangered . People hear felony and think criminal and guys sometimes thats just not always the case. Im educated , im motivated any company would be lucky to have me in all my jobs ive never called in been late or absent. Everything is not always what it seems and its the truth some people not the masses its a small percent , but it does exist that some people just dont get a fair chance.

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