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Seven Bills Signed

Michigan residents will have more opportunities to expunge convictions for low-level offenses. Governor Gretchen Whitmer signed House Bills 4980 – 4985 and 5120 in October 2020. They go into effect on April 11, 2021.

Whitmer spoke about signing these bills. She said: “These bipartisan bills are a game changer for people who are seeking opportunities for employment, housing and more, and they will help ensure a clean slate for hundreds of thousands of Michiganders.”

What The Bills Do

Key updates made by these bills include:

• Establishing an automated process for setting aside eligible misdemeanors once they are 7-years old and non-assaultive felonies once they are 10-years old.
• Updating the amount of time residents must wait until they are eligible to request expungements for certain types of convictions.
• Creating new expungement opportunities for various misdemeanors and felonies.
• Empowering residents to petition for expungement of marijuana offenses that are no longer criminal acts.
• Specifying that certain violent or otherwise serious offenses are not eligible for expunction.
• Offering expungement opportunities for various traffic offenses.
• Stipulating that multiple misdemeanors or felonies can be treated as a single conviction if the offenses:
• Occurred within a 24-hour period.
• Were not assaultive.
• Did not involve possession or use of a dangerous weapon.
• Do not have a penalty of 10+ years in prison.

Why The Bills Were Signed

Supporters of these bills believe they will create new opportunities for individuals who have completed their sentences and related requirements. People who have any type of conviction often experience difficulty finding jobs, housing and loans. By signing these bills, the Governor is attempting to remove those barriers and help reduce the rate of recidivism.

Governor Whitmer said this was a historic occasion for Michigan. She also noted that this is an: "Opportunity to grow our workforce and expand access to job training and education for so many people."

What Employers In Michigan Should Know

Michigan employers should be aware of the bills and prepared for compliance. Thousands of Michiganders may have various convictions expunged once the laws go into effect. If that happens, those records cannot be considered by any organization when they are making employment decisions.

Employers throughout the country should be aware of Second Chance Laws that are in effect where they do business.

Running Background Checks

Every employer is encouraged to run comprehensive background checks when brining on employees, volunteers and contractors. These reports help organizations identify candidates who are highly qualified and likely to succeed. They can also provide details about violent or other serious convictions that could make an applicant ineligible or show they pose an undue risk.

If you are hiring, please contact us for expert assistance. We provide pre-set packages that work well for many openings and can help you customize background check packages for any position. Our reports do not include expunged records or data that cannot be reviewed or otherwise used during the hiring process.

The team at Backgrounds Online continues to operate remotely. We are available to assist you Monday through Friday from 5am to 6pm PT.