Bipartisan plan creates efficiencies in Michigan’s justice system

State Rep. Eric Leutheuser speaks in support of his expungement reform plan Tuesday in the Michigan House chamber.

The Michigan House approved by an overwhelming majority state Rep. Eric Leutheuser’s plan to reform “clean slate” laws and give residents with old criminal convictions, and who have remained clean, a new opportunity for a fresh start.

Safeguards are included in the bills to ensure reforms apply only to those who are unlikely to reoffend. Recent data shows those who remain clean and seek employment after serving their time are even less likely to be rearrested than the general population.

Leutheuser, of Hillsdale, said the proposal, developed through months of thoughtful deliberation and several committee hearings, would make Michigan a leader in criminal justice reform.

“People who legitimately do their time and remain clean could expect past crimes to be removed from their record only if they meet several thresholds. Employers would be able to select from a broader field of applicants for jobs that need to be filled,” Leutheuser said. “At the same time, law enforcement, judges, and prosecutors will still be able to see a person’s full background so they can best accomplish their important roles. The bill combines the creation of a more efficient process with the installment of important safeguards.”

A University of Michigan Law School study published earlier this year found people whose criminal records are cleared tend to experience a sharp upturn in their wage and employment trajectories. On average, wages went up by 25 percent within two years of the expungement. The increase in taxpayer participation benefits society as a whole.

Leutheuser said these results were observed under Michigan’s current expungement law, which already allows individual expungement requests but is very narrow in scope. Right now, only individuals with one felony or two misdemeanors qualify, and they must wait a minimum of five years before they can start the process.

Leutheuser’s “clean slate” bill would establish automatic set-aside for certain low level offenses, which could free up court resources and create efficiencies within the existing system. Law enforcement would still be able to see any offenses that are set aside, as is possible today.

“Right now, the process of getting an expungement is long and complicated – and many people don’t even realize they’re qualified,” Leutheuser said. “This plan will make the process as effective as possible for people who have properly served their time.

“I like to compare it to the concept of points on a driver’s license. If you’re caught speeding and you end up with points on your license, you don’t have to go back to the Secretary of State a couple of years later and plead your case. Your points simply drop off automatically once the appropriate amount of time has passed.”

Other pieces of the plan would:

• Prudently expand the number of people who qualify for expungement.
• Require judges to expunge marijuana convictions if the behavior that led to the conviction is now allowed under current law.
• Make some minor traffic offenses eligible for expungement.
• Shorten the waiting period for expungement.

House Bills 4980-4985 and 5120 now advance to the Senate for consideration.

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