By K.D. Norris
This last weekend, reacting to Michigan’s Clean Slate Act coming into initial effect on April 11, two expungement resource fairs were held in West Michigan — “expungement” is the setting aside of a person’s record of criminal convictions for certain “lower level” crimes including older marijuana possessions offenses no longer even considered crimes.
The expungement resources fairs, held in Grand Rapids and Benton Harbor, are part of a wide-ranging series of actions being taken as part of the state’s criminal justice reform, specifically the Clean Slate Act, with actions by groups ranging from the office of Lt. Gov. Garlin Gilchrist II, to Western Michigan University’s Cooley Law School, to the Black & Brown Cannabis Guild.
“At both (expungement resource) events, volunteer attorneys and law students will assist registrants who appear to be eligible with filling out their expungement applications and give them general instructions on the expungement process,” Kamau Sandiford, a Kentwood based lawyer serving as WMU-Cooley’s Access to Justice staff attorney, said to WKTV before the events.
The resource fairs were co-hosted by the Black & Brown Cannabis Guild, a group which, among on other advocacy efforts, seeks to gain cleared criminal records for persons imprisoned for crimes related to outdated cannabis laws.
“As the United States moves away from the criminalization of cannabis … there remains the fundamental injustice inflicted upon those who have suffered criminal convictions and the consequences of those convictions,” as the guild states on its Last Prisoner Project webpage.
Even before the expungement resource fairs, Sandiford and WMU-Cooley Law School associate dean Tracey Brame have been hosting training sessions for attorneys on the new law including for the the Grand Rapids Bar Association and Legal Aid’s Spring Training Session early this year.
During the presentation, according to the WMU-Cooley website, Sandiford explained that under the new law, the state will be required to have an automated expungement program in place by April 2023.
That “automated expungement” system is, however, a cause of some concern from Kent County’s top criminal prosecutor.
“The Prosecuting Attorney’s Association of Michigan was generally supportive of the Clean Slate bills,” Kent County Prosecutor Chris Becker said to WKTV. “If someone has truly reformed their life and are doing well after past criminal convictions we did not see a problem in giving them a chance to have a clear record.
“If anything is wrong with it, I think the idea that we are going to have a computer system that is going to be able to ‘automatically’ clean convictions off records in two years is highly unlikely,” Becker continued. “The state is littered with computer programs/systems that were supposed to be developed and operational in a certain time, that took much longer than anticipated and never worked as promised. I fear something similar will happen here.”
Despite such concerns, the law will came into effect and the state is already working on a pilot program to aid people who have been hampered in their employment opportunities due to their past convictions and employers being able to gain access to such records.
Law’s history and state interim action
While Gov. Gretchen Whitmer signed the “Clean Slate” bill package into law in October of 2020, the efforts to move it forward started much earlier, driven in part by studies that showed not only the individuals involved but society as a whole benefits from such actions.
According to the state’s Michigan Courts website expungement “can help more people have the opportunity to find good jobs and secure safe and affordable housing. A ‘clean slate’ can help strengthen families, communities, local economies across the state, and promote public safety.”
Also, a 2020 study by two University of Michigan Law School professors found that those whose criminal records are set aside experience “a sharp upturn in their wage and employment trajectories.” The study stated that job seekers obtained employment at an increase of 11 percent and their income rose by 25 percent in two years.
And the state is not waiting for 2023, for the automated process to come into effect, to start aiding those persons with criminal records to better gain employment.
Last week, the state announced the launch of a $4 million investment in a “Clean Slate Pilot” program to assist “returning citizens” — convicted persons returning to the community and the workforce — with setting aside a conviction, through which the Michigan Department of Labor and Economic Opportunity (LEO) will awards funds to Michigan Works! Agencies to support local workforce efforts until the expungement system is in place.
“My goal since day one of taking office has been to build fundamental reforms to make our communities safer and improve the people’s outcomes going through our criminal justice system,” Lt. Gov. Gilchrist said in supplied material. “The bipartisan Clean Slate legislation fundamentally changed Michigan’s criminal history expungement laws, for the better … (and) the Clean Slate Pilot program offers a stop-gap for expungement services until the Clean Slate law goes into effect.”
As part of the pilot program, returning citizens can get an order setting aside their conviction and, according to the state announcement, “can legally state on any job or school application that they have never been convicted of or arrested for that crime.”
They will also be able to state that they have not been convicted of that crime on applications for public benefits, housing or employment.
“Before this legislation and this pilot program, there were many barriers in place for returning citizens,” Susan Corbin, LEO director, said in supplied material. “These barriers to seeking criminal record expungement include a lack of information, time constraints, cost of retaining a private attorney and fear of the criminal justice system. With the Clean Slate Pilot program, Michigan Works! Agencies will help these citizens overcome many of these barriers and guide them on a path to success.”
The Clean Slate Pilot Program funding will be awarded to all 16 Michigan Works! Agencies throughout the state with each of the agencies providing localized efforts.
For more information on the Clean Slate pilot program, visit here. To contact the local Michigan Works! office visit westmiworks.org.
Details of Clean Slate Act eligibility
Setting aside a conviction is the process that clears a public criminal record. In Michigan, there is one process to set aside a conviction on an adult record — often called expungement — and a different process to set aside a juvenile conviction, called an adjudication.
In WMU-Cooley promotional material for the recent expungement fairs, it was explained that individuals will be eligible for expungement after a waiting period of 10 years for certain felonies, or seven years for certain misdemeanors. Most traffic offenses will be available for expungement except DUIs, offenses causing injury or death, and offenses while operating a commercial vehicle.
Additionally, those who qualify for automatic expungement can have no more than two felonies and four 93-day misdemeanors expunged during their lifetime.
The Clean Slate Act also specifically allows individuals convicted of low-level misdemeanor marijuana offenses to apply for expungement, as “the law creates a presumption that these offenses were based on activities that would not have been considered crimes on or after Dec. 6, 2018.”
Crimes that will not be considered for automatic expungement include, according to supplied material, “assaultive crimes; serious misdemeanors; crimes of dishonesty; offenses punishable by 10 or more years imprisonment; violations related to human trafficking; and crimes committed against minors, vulnerable adults, injury or serious impairment, or death.”
