Introduced by Rep. Stacy Erwin Oakes (D) on January 18, 2011, 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 and no other offenses, or not more than two misdemeanors, to apply to have these "set aside," or expunged from the person's public record. This would not apply to convictions for criminal sexual conduct, domestic violence, or crimes punishable by life imprisonment. Under current law, only a person with a single criminal conviction can petition to have the record expunged.
Referred to the House Judiciary Committee on January 18, 2011.
Reported in the House on May 12, 2011, with the recommendation that the substitute (H-4) be adopted and that the bill then pass.
Motion by Rep. Jim Stamas (R) on October 13, 2011, to send the bill back to committee. The motion passed by voice vote in the House on October 13, 2011.
Referred to the House Judiciary Committee on October 13, 2011.
Re: 2011 House Bill 4106 (Revise criminal record expungement rules ) by peppie on February 28, 2013
what do yall think the chance of the bill passing this year now that they have a criminal justice committee that help them focus on the bill more
Re: 2011 House Bill 4106 (Revise criminal record expungement rules ) by yellis01 on February 1, 2013 Hey All.
I just contacted Rep Oakes office and was informed that they will be re-introducing this bill possibly as soon as next week, it will be HB 4186. I suggest we all take an active role in this legislation session, first by writing your congresspersons from your individual areas to let them know this issue is important to you so it should be to them as well, second by following its progression and attending any hearings regarding this bill. I have done this before myself and it truly helps when they can see whom the legislation affects and why it is important to act on it. Third, I also suggest that we start stalking the speaker of the house also, as he is the decision maker as to which bills go before the house to be voted on, if enough of us make a stink, possibly he will be motivated to call on this bill instead of passing it by! I firmly believe the only way to get what we want is to fight for it, this time I think if we can come together and start getting the word out about this legislation as much as we can it might make a difference, we may finally be heard! I was thinking about making a facebook page, I don't think it can hurt right? During my masters program, I was working on a research design proposal for a case study to learn why so few of Michigan residents with criminal records don't apply for expungement. Do any of you think this would help? All we have is speculation as to why an estimated average of 3,000 folks apply annually, this number does not reflect how many people were approved, just the application totals. I read an article last year that stated over 700,000 people had criminal records in Michigan, this was gleaned from census data. I also learned from someone that the $50 app fee also plays a part, I know some of us would gladly pay $50 or more to clear our records, I was operating under the impression that this possibly could be useful for the bureaucrats to see this kind of data (from the proposed research study) but then again, I also read the analysis that they have done for these bills and it clearly states in black and white that this is good legislation (4106) and the arguments against it are outweighed by the arguments for it. I know this may seem like a slap in the face but the analysis done for SB 0159 that passed in 2011 stated that they did not recommend that this bill be passed, that instead they should pass the broader bill HB4106, so I guess that shows how effective these analysis are in helping the bureaucrats make a decision. Again, I think it goes back to taking an active role in our legislative sessions to get the bills we want passed. If none of us is making it an issue or taking it seriously or supporting this bill outside of this little forum then how can we expect anyone else to care or act on our behalf, we have to do the work and it starts today with you, me, and whoever else this may affect.
Re: 2011 House Bill 4106 (Revise criminal record expungement rules ) by thekaisho42 on January 29, 2013 The bill did not go anywhere and died after it was returned to the House Judiciary Committee. If I were a betting man, I would say it was returned to the committee because it was the same day those two yahoos robbed a bank in Ravenna, MI and a Walker, MI police officer, Trevor Slot, was killed when they ran him over near Grand Rapids, MI.
After that, not one person in the Legislature was going to touch that bill because it had the "appearance" of being soft on crime. No politician, with a police officer newly deceased, was going to touch this "toxic" proposal with a 10 foot battle lance.
Now that HB 4106 is dead, there will be a need for a new proposal using the same arguments as before. This will need to be proposed by more than one representative or senator to gain traction, but, only one will do in a pinch. Write your local senator and representative about this topic and REMIND THEM THAT AL THAT IS NEEDED NOW IS TO REMOVE THE AGE RESTRICTION FROM THE CURRENT LAW. There doesn't need to be an entirely new bill, really, just an amendment that is sorely needed at this time.
My email is email@example.com if anyone cares to send me something about this...but please, I ask you, don't SPAM me, ok?