Michigan legislature debates bills on expunging crime records

On Behalf of | Oct 18, 2019 | Firm News |

The Elliott-Larsen Civil Rights Act in Michigan makes it illegal for employers to discriminate against workers in several categories, including prior arrest records. This is one of the concerns of two bills on expunging certain criminal records up for debate in the state legislature. Attorney General Dana Nessel has gone on record stating she is in favor of expanding state laws when it comes to eliminating some crimes on a person’s record.

According to a report on Michigan NPR Radio, Nessel raised some concerns on who would be responsible for expunging the records when the time came to remove selected items from a person’s criminal record. Failure to do so in a timely manner, she felt, could leave the State of Michigan open to lawsuits. A lack of communication between local courts and the Michigan State Police could cause removal delays, leaving undesirable information on a person’s record.

A second area of discussion involved which crimes would be eligible to be removed from the official record. Nessel wondered why such crimes as assault crimes in some cases could be set aside, but traffic offenses could be left on the books. She argued for drunk driving offenses to be removed, and also offered the attorney general’s office to serve as a place where people can go with questions on these matters.

For those concerned about workplace discrimination, or other job-related issues, it may be helpful to speak with an attorney. A consultation with an attorney may shed light on issues such as wrongful termination, restrictive covenants and retaliation in the workplace.