{"id":22037,"date":"2021-01-27T13:32:00","date_gmt":"2021-01-27T13:32:00","guid":{"rendered":"https:\/\/nextcity.org\/daily\/entry\/michigans-new-clean-slate-law-makes-state-leader-in-criminal-justice-reform"},"modified":"2021-01-27T13:32:00","modified_gmt":"2021-01-27T13:32:00","slug":"michigans-new-clean-slate-law-makes-state-a-leader-in-criminal-justice-reform","status":"publish","type":"post","link":"https:\/\/radiofree.asia\/2021\/01\/27\/michigans-new-clean-slate-law-makes-state-a-leader-in-criminal-justice-reform\/","title":{"rendered":"Michigan\u2019s New Clean-Slate Law Makes State a Leader in Criminal Justice Reform"},"content":{"rendered":"\n\t\t\n\t\t\n\t\t
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(ar-chi<\/a> \/ iStockPhoto)<\/p><\/figcaption>\n\t\t<\/figure>\n\t\t \n\t\t\n\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\t

In October, Michigan Governor Gretchen Whitmer signed legislation that will, eventually, automatically expunge a misdemeanor from a Michigander\u2019s criminal record after seven years, as well as some felonies after 10 years without another conviction. The legislation makes Michigan one of a few states, including New Jersey and California, to include some felonies in automatic expungements.<\/span><\/p>\r\n\r\n\n\t\t\t\n\t\t\t\n\n

Experts estimate the legislation will have wide-reaching impact on people with felony records, who face barriers to getting a job. In Michigan, people with convictions are even required to <\/span>self-report criminal records<\/a> to the state\u2019s Department of Licensing and Regulatory Affairs when applying for most types of professional licenses, including barber\u2019s and beautician licenses. <\/p>\n\n

The law was supported by a bipartisan coalition that included conservative groups like American Conservative Union and Americans for Prosperity, a sign that the criminal justice system has impacted people across the political spectrum, according to Joshua Hoe, policy analyst for the non-profit Safe & Just Michigan, which supported the legislation.<\/span><\/p>\n\n

\u201cSo many people have been directly impacted,\u201d Hoe says. \u201cOnce they\u2019ve seen up close they\u2019re much more interested in trying to change these laws.\u201d<\/span><\/p>\n\n

Now advocates hope the law will allow people to fully participate in society without the shame or stigma of a criminal record. Eileen Hayes is executive director of Michigan Faith In Action, a faith-based non-profit that advocated for the legislation. She was troubled by the system\u2019s failure to provide redemption to people who\u2019ve completed their sentences.<\/span><\/p>\n\n

She recalls one man who testified in favor of the law that he hadn\u2019t been incarcerated for ten years, but still had trouble finding work due to prior convictions. \u201cAs people of faith we\u2019re all about second chances. How long do you have to pay for something you did over 10 years ago?\u201d she asks. <\/span><\/p>\n\n

Support for automatic expungements was <\/span>bolstered by research<\/a> by JJ Prescott, a law professor at the University of Michigan Law School, and Sonja Starr, a professor of law and criminology at the University of Chicago Law School. The duo looked at data provided by the Michigan State Police \u2013 with personal information removed \u2014 for people who received expungements since 2014, along, with a larger cohort who had not. Their research showed the rate at which people with convictions eligible for expungement were getting their records cleared was just 6.5 percent within the first five years of being eligible for one. <\/p>\n\n

Prescott says the reason for the low uptake of expungements is that the process is too complicated and long. Eligibility was narrow prior to recent legislation; people with felony offenses were eligible to petition the court if they had no more than two misdemeanors and five years had passed from their sentencing. Those who met those requirements could begin <\/span>a long application process<\/a> that involves getting finger-printed at a police department, mailing multiple copies to the attorney general\u2019s office and paying a $50 application fee.<\/p>\n\n

\u201cYou look at this population which has less money to begin with, it\u2019s maybe not <\/span><\/p>\n\n

so surprising that you have such a low uptake rate,\u201d Prescott says. This led Prescott to ask, \u201cif we actually think people who have satisfied requirements are due a clean slate, why not grant it automatically?\u201d <\/span><\/p>\n\n

Prescott says he had to counter fears that expungement would not be safe and that employers should be warned about criminal records. His research showed the recidivism rate for people with expungements was 7.1 percent, on par with the average for Michiganders. One theory as to why this is, he says, is that,\u201cby giving people the clean slate they\u2019re better able to obtain housing and employment and improve their lives.\u201d In other words, people are less likely to commit certain types of crimes when their basic needs are being met. <\/span><\/p>\n\n

Moreso, Prescott\u2019s research found that employment and wages went up dramatically for the cohort with expungements, by 20 to 25 percent on average a year after their record was cleared. \u201cPoverty and unemployment are huge risk factors for crime,\u201d Prescott says, and he believes the increase in wages and decrease in recidivism proves that expungement improves lives without hurting public safety. <\/span><\/p>\n\n

Prescott says there\u2019s another rationale for providing expungements automatically rather than through a prolonged bureaucratic process \u2014 the longer it takes, the worse the long-term career impacts. \u201cA lot of the damage with someone\u2019s career prospects happens in the first few years,\u201d he says.<\/span><\/p>\n\n

Even before the current state-wide clean-slate legislation passed, the City of Detroit became more proactive about helping people clear their records. Mayor Mike Duggan set up a dedicated office in 2016 to handle expungements called Project Clean Slate, with three full-time attorneys on staff. The attorneys handle all the paperwork for people petitioning the court to have their records expunged: ordering court records, helping people get fingerprints done, and arranging for transportation to appointments, according to Carrie Jones, who works at Project Clean Slate.<\/span><\/p>\n\n

\u201cIt was a way to move the needle for people\u2019s lives as it relates to finding better jobs and employment,\u201d explains Jones. Their clientele was growing even before the recent change in the law. She says in 2017, the office handled 8 expungements, and in 2018 they handled 129. As of October, the most recent month data was available, the office was on track to handle 280 expungements by the end of 2020. A <\/span>report found<\/a> that expungements handled through Project Clean Slate had nearly four times the impact on job prospects as traditional job training.<\/p>\n\n

Michigan\u2019s new clean-slate legislation contains more provisions than just automatic misdemeanor expungement, which will begin to take effect in 2023. People can still petition to have criminal records expunged, and the legislation expands the number of misdemeanor convictions that are eligible for expungement and reduces the waiting period for petition-based expungement from five to three years. Automatic expungements under the law will not take effect until 2023, but the expansion of eligibility for petition-based expungement will begin in April.<\/span><\/p>\n\n

Jones says Project Clean Slate\u2019s clients were avidly paying attention when the state-wide legislation was passed, and she immediately started getting calls and e-mails from people wanting clarity.<\/span><\/p>\n\n

The amount of Detroiters who will be eligible for expungement will more than double when the law takes effect, from an estimated 82,000 to 168,000, Jones says. Project Clean Slate plans to increase staff and draw on a network of volunteer attorneys to help with the additional load.<\/span><\/p>\n\n

Jones has seen the impact on people\u2019s lives through her work at Project Clean Slate. She said one of her clients went from a job making $10 an hour to being able to apply to jobs making $26 an hour. For another client, it cleared the way for her to go to nursing school. <\/span><\/p>\n\n

The recent expansion of the expungement law has its critics among reformers who feel it leaves some out needlessly by omitting assaultive crimes, DUI\u2019s and certain types of sex offenses. Prescott argues it makes little sense to leave some people convicted of more violent crimes out of automatic expungement.<\/span><\/p>\n\n

\u201cIf the theory is, we\u2019re trying to identify people who are no longer of significant risk and also give people an incentive to work hard to improve their lives,\u201d Prescott says, \u201cthere\u2019s not a lot of good evidence that we ought to draw a line between people who committed a crime of violence or an assaultive crime, versus somebody who committed a property crime or something. The differences are fairly small between these categories. The recidivism rates for all of them are low\u201d after expungement, he says. <\/span><\/p>\n\n

And there are benefits to expungement that extend beyond job prospects. \u201cNinety percent of our clients say they\u2019re seeking expungement because they are looking for better career and employment opportunities,\u201d Jones says. But she says when surveyed after their expungement is processed, 86 percent of people say the strongest benefit is removing the stigma of a criminal record. \u201cThere are a lot of economic and employment benefits,\u201d says Jones, \u201cbut there\u2019s also a great benefit of having that weight lifted.\u201d<\/span><\/p>\n\n

This article is part of The Clean Slate, a series about how cities can use technology and policy to eliminate unjust fines, fees, and other barriers to economic mobility. The Clean Slate is generously supported by the Solutions Journalism Network<\/a>.<\/span><\/em><\/p>\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t

Roshan Abraham is Next City's 2020 Equitable Cities Fellow.<\/p><\/div>\n\t\t\t\n\t\t\n\t\n\t \n\t\n

This post was originally published on Next City<\/a>. <\/p>","protected":false},"excerpt":{"rendered":"

\"\"
\n

(ar-chi<\/a> \/ iStockPhoto)<\/p>\n<\/figcaption><\/figure>\n

In October, Michigan Governor Gretchen Whitmer signed legislation that will, eventually, automatically expunge a misdemeanor from a Michigander\u2019s criminal record after seven years, as well as some felonies after 10 years without another conviction. The legislation makes Michigan one of a few states, including New Jersey and California, to include some felonies in automatic expungements.<\/span><\/p>\n

Experts estimate the legislation will have wide-reaching impact on people with felony records, who face barriers to getting a job. In Michigan, people with convictions are even required to <\/span>self-report criminal records<\/a> to the state\u2019s Department of Licensing and Regulatory Affairs when applying for most types of professional licenses, including barber\u2019s and beautician licenses. <\/p>\n

The law was supported by a bipartisan coalition that included conservative groups like American Conservative Union and Americans for Prosperity, a sign that the criminal justice system has impacted people across the political spectrum, according to Joshua Hoe, policy analyst for the non-profit Safe & Just Michigan, which supported the legislation.<\/span><\/p>\n

\u201cSo many people have been directly impacted,\u201d Hoe says. \u201cOnce they\u2019ve seen up close they\u2019re much more interested in trying to change these laws.\u201d<\/span><\/p>\n

Now advocates hope the law will allow people to fully participate in society without the shame or stigma of a criminal record. Eileen Hayes is executive director of Michigan Faith In Action, a faith-based non-profit that advocated for the legislation. She was troubled by the system\u2019s failure to provide redemption to people who\u2019ve completed their sentences.<\/span><\/p>\n

She recalls one man who testified in favor of the law that he hadn\u2019t been incarcerated for ten years, but still had trouble finding work due to prior convictions. \u201cAs people of faith we\u2019re all about second chances. How long do you have to pay for something you did over 10 years ago?\u201d she asks. <\/span><\/p>\n

Support for automatic expungements was <\/span>bolstered by research<\/a> by JJ Prescott, a law professor at the University of Michigan Law School, and Sonja Starr, a professor of law and criminology at the University of Chicago Law School. The duo looked at data provided by the Michigan State Police \u2013 with personal information removed \u2014 for people who received expungements since 2014, along, with a larger cohort who had not. Their research showed the rate at which people with convictions eligible for expungement were getting their records cleared was just 6.5 percent within the first five years of being eligible for one. <\/p>\n

Prescott says the reason for the low uptake of expungements is that the process is too complicated and long. Eligibility was narrow prior to recent legislation; people with felony offenses were eligible to petition the court if they had no more than two misdemeanors and five years had passed from their sentencing. Those who met those requirements could begin <\/span>a long application process<\/a> that involves getting finger-printed at a police department, mailing multiple copies to the attorney general\u2019s office and paying a $50 application fee.<\/p>\n

\u201cYou look at this population which has less money to begin with, it\u2019s maybe not <\/span><\/p>\n

so surprising that you have such a low uptake rate,\u201d Prescott says. This led Prescott to ask, \u201cif we actually think people who have satisfied requirements are due a clean slate, why not grant it automatically?\u201d <\/span><\/p>\n

Prescott says he had to counter fears that expungement would not be safe and that employers should be warned about criminal records. His research showed the recidivism rate for people with expungements was 7.1 percent, on par with the average for Michiganders. One theory as to why this is, he says, is that,\u201cby giving people the clean slate they\u2019re better able to obtain housing and employment and improve their lives.\u201d In other words, people are less likely to commit certain types of crimes when their basic needs are being met. <\/span><\/p>\n

Moreso, Prescott\u2019s research found that employment and wages went up dramatically for the cohort with expungements, by 20 to 25 percent on average a year after their record was cleared. \u201cPoverty and unemployment are huge risk factors for crime,\u201d Prescott says, and he believes the increase in wages and decrease in recidivism proves that expungement improves lives without hurting public safety. <\/span><\/p>\n

Prescott says there\u2019s another rationale for providing expungements automatically rather than through a prolonged bureaucratic process \u2014 the longer it takes, the worse the long-term career impacts. \u201cA lot of the damage with someone\u2019s career prospects happens in the first few years,\u201d he says.<\/span><\/p>\n

Even before the current state-wide clean-slate legislation passed, the City of Detroit became more proactive about helping people clear their records. Mayor Mike Duggan set up a dedicated office in 2016 to handle expungements called Project Clean Slate, with three full-time attorneys on staff. The attorneys handle all the paperwork for people petitioning the court to have their records expunged: ordering court records, helping people get fingerprints done, and arranging for transportation to appointments, according to Carrie Jones, who works at Project Clean Slate.<\/span><\/p>\n

\u201cIt was a way to move the needle for people\u2019s lives as it relates to finding better jobs and employment,\u201d explains Jones. Their clientele was growing even before the recent change in the law. She says in 2017, the office handled 8 expungements, and in 2018 they handled 129. As of October, the most recent month data was available, the office was on track to handle 280 expungements by the end of 2020. A <\/span>report found<\/a> that expungements handled through Project Clean Slate had nearly four times the impact on job prospects as traditional job training.<\/p>\n

Michigan\u2019s new clean-slate legislation contains more provisions than just automatic misdemeanor expungement, which will begin to take effect in 2023. People can still petition to have criminal records expunged, and the legislation expands the number of misdemeanor convictions that are eligible for expungement and reduces the waiting period for petition-based expungement from five to three years. Automatic expungements under the law will not take effect until 2023, but the expansion of eligibility for petition-based expungement will begin in April.<\/span><\/p>\n

Jones says Project Clean Slate\u2019s clients were avidly paying attention when the state-wide legislation was passed, and she immediately started getting calls and e-mails from people wanting clarity.<\/span><\/p>\n

The amount of Detroiters who will be eligible for expungement will more than double when the law takes effect, from an estimated 82,000 to 168,000, Jones says. Project Clean Slate plans to increase staff and draw on a network of volunteer attorneys to help with the additional load.<\/span><\/p>\n

Jones has seen the impact on people\u2019s lives through her work at Project Clean Slate. She said one of her clients went from a job making $10 an hour to being able to apply to jobs making $26 an hour. For another client, it cleared the way for her to go to nursing school. <\/span><\/p>\n

The recent expansion of the expungement law has its critics among reformers who feel it leaves some out needlessly by omitting assaultive crimes, DUI\u2019s and certain types of sex offenses. Prescott argues it makes little sense to leave some people convicted of more violent crimes out of automatic expungement.<\/span><\/p>\n

\u201cIf the theory is, we\u2019re trying to identify people who are no longer of significant risk and also give people an incentive to work hard to improve their lives,\u201d Prescott says, \u201cthere\u2019s not a lot of good evidence that we ought to draw a line between people who committed a crime of violence or an assaultive crime, versus somebody who committed a property crime or something. The differences are fairly small between these categories. The recidivism rates for all of them are low\u201d after expungement, he says. <\/span><\/p>\n

And there are benefits to expungement that extend beyond job prospects. \u201cNinety percent of our clients say they\u2019re seeking expungement because they are looking for better career and employment opportunities,\u201d Jones says. But she says when surveyed after their expungement is processed, 86 percent of people say the strongest benefit is removing the stigma of a criminal record. \u201cThere are a lot of economic and employment benefits,\u201d says Jones, \u201cbut there\u2019s also a great benefit of having that weight lifted.\u201d<\/span><\/p>\n

This article is part of The Clean Slate, a series about how cities can use technology and policy to eliminate unjust fines, fees, and other barriers to economic mobility. The Clean Slate is generously supported by the Solutions Journalism Network<\/a>.<\/span><\/em><\/p>\n

\n

Roshan Abraham is Next City’s 2020 Equitable Cities Fellow.<\/p>\n<\/div>\n","protected":false},"author":1632,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"_links":{"self":[{"href":"https:\/\/radiofree.asia\/wp-json\/wp\/v2\/posts\/22037"}],"collection":[{"href":"https:\/\/radiofree.asia\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/radiofree.asia\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/radiofree.asia\/wp-json\/wp\/v2\/users\/1632"}],"replies":[{"embeddable":true,"href":"https:\/\/radiofree.asia\/wp-json\/wp\/v2\/comments?post=22037"}],"version-history":[{"count":1,"href":"https:\/\/radiofree.asia\/wp-json\/wp\/v2\/posts\/22037\/revisions"}],"predecessor-version":[{"id":22038,"href":"https:\/\/radiofree.asia\/wp-json\/wp\/v2\/posts\/22037\/revisions\/22038"}],"wp:attachment":[{"href":"https:\/\/radiofree.asia\/wp-json\/wp\/v2\/media?parent=22037"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/radiofree.asia\/wp-json\/wp\/v2\/categories?post=22037"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/radiofree.asia\/wp-json\/wp\/v2\/tags?post=22037"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}