Update
Michigan has implemented a new “Clean Slate” law which will have a significant impact on those who conduct background checks in the state. This law aims to automatically seal certain non-violent conviction records if a person has remained conviction-free for a period of time. Some counties have already started doing this early in the year but come April 2023 you will see this happening more rapidly, as all counties will be auditing and deciding on moving eligible cases to expungement.
Details on the law, as outlined on the Michigan government site click here.
Beginning this month, April of 2023, an automated system for expunging convictions without the necessity of filing an application will be established.
Up to 2 felony convictions will automatically be expunged the later of 10 years after sentencing or the person’s release from custody.
Up to 4 misdemeanors will automatically be expunged 7 years after sentencing.
The following convictions are not going to be eligible for automatic expungement:
• convictions for “assaultive offenses”;
• convictions for “serious misdemeanors”;
• convictions for offenses punishable by 10 or more years imprisonment;
• convictions that involve a minor, a vulnerable adult, injury or serious impairment of a person, death of a person;
• convictions that involve human trafficking; and
• any conviction that cannot be expunged under new MCL 780.621c.
As eligible cases start to be expunged and removed from a person’s case file, you may find you were expecting a case which has been removed under this new law.
In total, 19 states have some form of automatic record clearing, including laws permitting expungements of dismissed records, non-convictions, or marijuana-related offenses.
If you have questions regarding this change or any questions about conducting background searches in Michigan, please reach out to us at (812) 474-9000 or contact our help desk, help@referenceservices.com
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Reference Services, Inc is headquartered in Evansville, IN and has remained one of the premier employment background screening companies in the country. Clients representing almost every industry imaginable rely on RSI to provide fast, accurate and legally compliant background checks on their applicants so they can hire a more productive, safer, and reliable workforce. www.referenceservices.com
Give us a call at 812-474-9000 or email compliance@referenceservices.com.