Virginia’s New Record Sealing Laws Give a Second Chance to Reformed Individuals
Earlier this year, we covered Kansas City’s efforts to expand employment protections for individuals with criminal histories. Meanwhile, Virginia has...
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Verified Credentials May 4, 2023 12:00:00 AM
In the past, to get a court record sealed or expunged, individuals were required to complete the process on their own. Today, it is becoming more common for states to expunge certain records automatically. Some new or pending automatic expungement laws are specific to records related to marijuana, like Mississippi (S.B. 2267) and Nebraska (L.B. 634). Others are more open-ended such as the following list of pending legislation:
Michigan has been a leader in a growing trend of automatic expungements across the United States. In fact, Michigan enacted its Clean Slate Act in April 2021 – just over two years ago.
The Michigan Clean Slate Act was enacted in 2021 but automatic expungements under the Act did not commence for two years. Starting on April 11, 2023, Michigan began automatic expungements of misdemeanor and felony conviction records without an application, as was previously required.
Michigan court records that are eligible for automatic expungement include:
Misdemeanors and felonies are ineligible for automatic expungement if:
In some cases, however, records that are automatically expunged may be reinstated. Those include records that:
Michigan is processing automatic expungements every day. The process looks at records in the state police database for new, eligible convictions. The Michigan State Police is responsible for reporting eligible records to state courts, where expungements are processed.
Individuals with records that are not eligible for automatic expungement can still apply for expungement under the traditional process.
While Michigan’s Clean Slate Act impacts records in the state police database, out-of-state employers could still be affected if they seek records from the state. Additionally, these laws are becoming more common across states. Employers looking for more information on how this could affect them may want to consult their attorney.
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