(Source: MIRS.news, Published 04/10/23) The Michigan State Police and the state's judicial system will start Tuesday, April 11 expunging the criminal records of those with old felonies and misdemeanors, but the state's sheriffs are concerned this will mean old perpetrators could, again, legally possess guns.
The Clean Slate law of 2020 gave law enforcement two and a half years to create a system that automatically wipes clean the criminal records of low-level felonies and non-violent misdemeanors as long as the old perpetrators have kept out of trouble.
In doing so, the Michigan Sheriffs' Association (MSA) is concerned that those not allowed to possess a firearm as a condition of their sentence will now be allowed to legally purchase a firearm.
"At the same time, we're trying to keep firearms out of the hands of those who may be a threat, we're getting rid of past criminal convictions," said MSA executive director Matthew Saxton.
"Even if they're not assaultive crimes, we can't forget that past behavior when it comes to predicting criminal behavior."
Saxton said he's not saying that people don't deserve a second or third chance after they make a poor choice early in life, but they still should have to go through a process before going through an expungement.
At issue is PA 193 of 2020, which passed overwhelmingly in the House and Senate before being signed by the Governor. The law automatically sets aside non-assaultive misdemeanors older than seven years and no more than two felonies that occurred more than 10 years ago.
The law doesn't include a "crime of dishonesty," those involving death or injury, drunk driving or those in which the perpetrator served 10 or more years in prison.
Rep. Graham Filler (R-St. Johns), the House Judiciary Committee chair at the time, said he is currently reviewing the effect of auto expungement on the ability for an individual to purchase a firearm, but this was not an issue that was brought up when he worked on the legislation in 2019-20.
"If a court or legal interpretation finds that auto expungement does restore some citizens' ability to purchase a firearm, then I think it's important to mention that the whole purpose of expungement was to help individuals with low-level convictions live successfully and have some ordinary legal privileges restored," Filler said.
He noted that the point of the bill was to help those with old non-serious, non-violent and non-assaultive crimes be allowed to enjoy more freedoms and opportunities without impacting public safety.
However, there is a question about how deep of a clean the law goes into a person's record. The public won't be able to see old felonies for purposes of a personal background check, but what about gun dealers?
Also, realistically, what type of offensives could this include and how many people could be impacted?
As of now, the law enforcement community is concentrated on the mechanics of making the expungement law work as the deadline strikes Tuesday.
Asked about its interpretation of the law regarding firearms, the Michigan State Police referred MIRS to its FAQ page, which doesn't mention firearms at all.
Likewise, the State Court Administrative Office (SCAO) issued three memos on the process of expunging records at the court level. None of the memos mentions firearm possession.
The Governor's spokesperson, Bobby Leddy, said as a former prosecutor, the Governor has brought Republicans and Democrats together to prioritize public safety. She also signed a Clean Slate law that "will help Michiganders get good-paying jobs and access to affordable housing."
As the Governor supports universal background checks, safe storage legislation and red flag laws, "We will continue to partner with law enforcement to make sure Michiganders feel safe in their homes and communities."
