House Bill Provides New Hope For A Second Chance For a Michigan Criminal Record Expungement


Examining the Pros and Cons of Proposed House Bill 4186

In life, we have all made mistakes and in most cases have been required to endure the consequences of our mistakes. The good news is that for the most part life tends to grant us a second chance or a “reset” to move on from our mistakes and move forward in our life’s goals and ambitions. This has definitely been the case for me and many others.

For persons whose mistakes in life have resulted in one or more brushes with the law, leaving them with multiple criminal convictions, life’s ability to grant them a second chance or reset severely diminishes, leaving these persons with little to no ability to move forward with their life’s goals and dreams.

Currently in Michigan, a person who has a felony conviction along with minor misdemeanor convictions by law are forbidden from having these convictions expunged from their record, resulting in what turns out to be a life sentence of sorts for multiple offenders. These convictions will follow them for the rest of their life, which in turn severely limits their ability to gain meaningful educational and employment opportunities.

Proposed Michigan House Bill 4186 will finally provide the relief multiple offenders seek to have their criminal records expunged, but be mindful it comes with certain pros and cons that will affect Michigan’s current expungement law.

Some felons could get records erased under bill heading to Michigan House – Lansing State Journal

Saginaw State Rep. Stacy Erwin Oakes’ conviction expunging bill passes … – The Saginaw News –

The invisible sentence? Michigan bill would allow more convicts to expunge … –

PROS of House Bill 4186:

  • A person with a felony conviction and no more than two misdemeanor convictions can now seek an expungement. (Previously, a person with a felony conviction and misdemeanor conviction was barred from seeking an expungement).
  • A person with no felony conviction, but no more than two misdemeanor convictions can now seek an expungement of the misdemeanor convictions. (Previously, a person with more than 1 misdemeanor conviction was barred from seeking an expungement)
  • Deferred Sentencing/Dismissals that still appear on a persons public record are eligible for an expungement.

CONS and Limitations of House Bill 4186:

  • A person with a felony domestic violence conviction who also has a prior misdemeanor domestic violence conviction is barred from seeking an expungement.
  • Convictions of Driving While Intoxicated are still not eligible for an expungement.
  • A person is not eligible for an expungement until 5 years from either:
  1. The Date of Sentence
  2. Successful Completion of Probation
  3. Discharge from Parole
  4. Completion of Imprisonment
  • A copy of a person’s expunged record will still be made available to the Michigan Department of Corrections if that person seeks employment via this agency.

If Proposed House Bill 4186 passes, this bill would create a great amount of opportunity for persons with multiple convictions to not only seek an expungement, but to finally be able to become productive members of society by finding meaningful employment, careers and educational opportunities without their criminal backgrounds holding them back. A person who has demonstrated a positive rehabilitation from their criminal past should be afforded the opportunity to have that past cleansed, and Proposed House Bill 4186 allows just that.

A Criminal Expungement, legally known as an “Application to Set Aside Conviction” may be a solution that clears up obstacles for those with convictions on their record, making it easier to achieve better opportunities and provide a fresh start at life. Michigan Criminal Record Expungement Attorney Kevin Bessant has experienced much success in helping those with criminal records Set Aside their criminal convictions so that their records are cleared.

Setting Aside a Conviction or “Expungement” refers to the legal process of removing a prior criminal conviction from public record with the Michigan State Police criminal database. If you plead “guilty,” “no contest,” or were found guilty in court of a misdemeanor or felony offense,drug crimeweapons offensecriminal assault or domestic violence, you may be eligible to have your criminal conviction expunged from public record. An expungement allows criminal offenders who satisfy the requirements of Michigan Law, to set aside that  criminal conviction. Do not waste any more time fearing a criminal background check; being denied employment; or having your future dreams dashed due to your criminal past. Act now and expunge your record today!!

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