Michigan Votes Forum

Introduced in the House 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 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

The vote was 100 in favor, 0 opposed and 10 not voting

(House Roll Call 973 at House Journal 89)

Click here to view bill details.

What is the purpose of this bill? Why good to the general public will be provided by expunging information from the public record. Won't this make it easier for felons to get concealed pistol permits, buy firearms etc? We have laws in place to prevent them from getting permits to purchase firearms etc. Won't this bill circumvent those laws?

This bill would probably make it easier for those convicted of embezzling, unarmed robbery, burglary, to run for public office, which may be the intent. Also, If the records are expunged, does that mean they can start with a clean slate and get the next conviction expunged etc.

It is a national tragedy and shame that some 25 percent of black men are in some way caught up in the criminal justice system. This is the result of two things: 1. A destuctive culture in the black community generated in part by the cult of victimology and the con men like Jackson and Sharpton whose livelihoods depend on sustaining it. 2. The absurd and futile "war on drugs." This bill is a bandaid applied to an gushing artery, but if all you have is a bandaid you apply it anyway.

So this bill is really about the 25% of black men who are "someway caught up in the criminal justice system" and the "absurd war on drugs". It is to put them on the same footing as the 75% who did not get caught up. I would think that the prospective employer (and the public-in the case of someone running for public office)should be given the right to decide whether he wants to hire a convicted embezzler or drug peddler etc. Many of these types of convictions are from charges that have been plea bargained down from more serious charges to save the taxpayers dollars. Now you wnat to hide even those reduced charges from record. I feel the bill is only in the interest of those convicted criminals and is not in the best interests of the public.

So how should the criminal answer questions such as: "Have you ever been convicted of a felony in this state or any other state----------"? Lie if the record has been expunged? Why not, who will know? I guess devising laws allowing people to hide their criminal past without getting caught is what this is about.

Go can embezzle, peddle drugs etc, and get that expunged from your record, but your 35 in a 25 and parking tickets will stay on your rap sheet? Is this a great law or what?

Is the purpose of this bill to allow more felons to vote?

What I think this bill does is help someoneone who has made a mistake in the past who is now a responsible citizen. Supose an 18 year old does something incredably stupid that winds up being a felony. Should that person then be punished foe the rest of his or her life? A lot of 18 year olds do stupid things. I think once that 18 year old turns 28 and if they have no other convictions of any kind, then this bill would be a good idea. If something happened once in your youth and then never happened again, I think it's an example of being young and dumb. I think a 10 year time period for a situation such as that is a good idea. However anything beyond that forget it.

I can't believe I am hearing such ignorance and simple stupidity from a group of "perfect" charlitans! I'm retired from law enforcement and have some idea of the criminal justice system , which evidently many of you commenting do not! First. THESE ARE MISDEMEANORS. . . let's repeat that. . . MISDEMEANORS. Embezzlement, robbery, drug dealing ARE NOT MISDEMEANORS. Now that we have that straight let me give some examples. Many people get "involved" in the system through various means including investigatorial, prosecutorial and oh yes, judicial misconduct. We do not live in a "Ozzie & Harriet" society so wake up these above officials from time to time do mishandle the truth. My contention is this why should I tough it out, change my life and go be a honor student in medical school to find that I will not be licensed to practice and you can fill the job with another immigrant, possibly illegal, because I was overcharged with a crime and had to plead to a misdemeanor 20 years ago. It's been my experience if a case is TRULY good, THERE IS NO BARGAINING, PERIOD! Never mind that some of these are simple cases of a fistfight, DNR violation etc. I'm as hard core pro police conservative as they come but until you have some extensive experience in this system and CAN THINK FOR YOURSELVES without being influeaced into turning this thing into a police state ,I advise you do some court watching at you county level. If we continue to abide by this ignorant "the authorities are always right" mentality we will be a Soviet style society. My friends, permanent long term records for such minor causes only serve to keep the information so that there can be a jaundice eye turned your direction at any time. Some excellent and suggested reading: The Gulag Archipelago by Aleksandr I. Solzhenitsyn. It depicts how the "police state" had a permanent never ending file on everyone so that they could make people do virtually anything at anytime due to coercion. It's time to wake the hel up and get it together. Use you brain but first you may have to deprogram it!

citizenX [by Anonymous Citizen about 2004 House Bill 5493 (Revise criminal record expungement grounds)] I can't believe I am hearing such ignorance and simple stupidity from a group of "perfect" charlitans! I'm retired from law enforcement and have some idea of the criminal justice system , which evidently many of you commenting do not! First. THESE ARE MISDEMEANORS. . . let's repeat that. . . MISDEMEANORS. Embezzlement, robbery, drug dealing ARE NOT MISDEMEANORS. Now that we have that straight let me give some examples. Many people get "involved" in the system through various means including investigatorial, prosecutorial and oh yes, judicial misconduct. We do not live in a "Ozzie & Harriet" society so wake up these above officials from time to time do mishandle the truth. My contention is this why should I tough it out, change my life and go be a honor student in medical school to find that I will not be licensed to practice and you can fill the job with another immigrant, possibly illegal, because I was overcharged with a crime and had to plead to a misdemeanor 20 years ago. It's been my experience if a case is TRULY good, THERE IS NO BARGAINING, PERIOD! Never mind that some of these are simple cases of a fistfight, DNR violation etc. I'm as hard core pro police conservative as they come but until you have some extensive experience in this system and CAN THINK FOR YOURSELVES without being influeaced into turning this thing into a police state ,I advise you do some court watching at you county level. If we continue to abide by this ignorant "the authorities are always right" mentality we will be a Soviet style society. My friends, permanent long term records for such minor causes only serve to keep the information so that there can be a jaundice eye turned your direction at any time. Some excellent and suggested reading: The Gulag Archipelago by Aleksandr I. Solzhenitsyn. It depicts how the "police state" had a permanent never ending file on everyone so that they could make people do virtually anything at anytime due to coercion. It's time to wake the hel up and get it together. Use you brain but first you may have to deprogram it!

What is there about this statement that you didn't understand? The bill would allow a person convicted of either one FELONY offense and no other offenses, or not more than two misdemeanor offenses. Is a FELONY the same as a MISDEMEANOR?

This bill is trying to hide facts. Why not let the employers etc, know the truth and decide if they think you are worthy of another chance. This bill is similar to those proposed by persons who would like to re-write history to leave out or change parts that are not favorable to them or their specific cause.

Evidently, you do not understand that as it HAS BEEN for many years, you can ALREADY expunge a felony conviction. My case in point, what sense does it make for someone to be able to expunge a murder or robbery conviction yet you can't expunge a DNR or Ordinance violation?

Employers are not capable of seeing through the mishandling of justice. Ever heard of GOVERNMENTAL IMMUNITY? As I said before go out and courtwatch! Why should someone have to deal with being branded by a potentiallly corrupt courthouse and given an ECONOMIC DEATH PENALTY? Even the very skilled ATTORNEYS have a hard time with uprooting prosecutorial and judicial error. Many of these courts,prosecutors and police already operate unconstitutionally. When was the last time (no matter how attrocious) you saw a judge removed from the bench? If we followed this idiotic logic then we may as well tell everyone "sorry Charlie" and instead of a misdemeanor getting in their way they may as well become larger threats THAT PAY, such as bank robbers and dope dealers, all because of some "societal charlitans" want to be "holier than though". I know there have to be some people with wired, working brains out there somewhere and I wish they would weigh in before we become more of a big brother police state! Plato was absolutely correct regarding the masses! I don't care if you want to enslave yourself but you should not want to enslave others.

 I know for a person who has not had this happen to them would not understand the process of expungement. However as much as we like to think the world is fair its just not true. Employers sometimes wont even give you a chance. I plead guilty to what I was told by a public defender was a high misdeameanor. I found out  2 seconds before I plead it was really a felony. My court appointed attorney told me if didnt do this I would go to jail although I had never been in trouble before. It was questionable due to the nature of my situation that I was guilty at all due to the officers misconduct as well , but i plead because I was 22 and undeducated as to the nature of law. I am now 31 with a bachlors and 2 masters degrees. I am in the church I have a small business , but I cant find a person really willing to touch me with a 10 foot pole and pay me what I deserve cause of this one discretion even though I have graduated 3 times since then with honors and never have I been in trouble again. I believe i deserve that second chance Ive more than paid my dues. Its not fair that I am punished the rest of my days for a non violent offense where at best i wasnt even properly represented.

 

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.

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

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?

 

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...