LANSING – A bill allowing a person convicted of one or more Michigan misdemeanor marijuana offenses that would automatically be removed from a person’s record after 10 years and other legislation easing and expanding the expungement process passed the Michigan House Tuesday with extraordinary margins.

The person convicted of a misdemeanor marijuana offense would have to petition to have those set aside if the crime was believed to be legal under the drug’s legalization. Prosecutors would have 60 days to rebut the application and it they did not, the court would be required to enter set aside the conviction within 21 days.

If prosecutors did object, the court would have to hold a hearing no later than 30 days from receiving the answer and prosecutors would have to prove by a preponderance of evidence that the crime would constitute a criminal violation after Proposal 1 passed in 2018.

The House’s passage of expungement reform marks the third occasion this term where criminal justice reform that in a prior term may have been an uphill battle to get out of either legislative chamber passed with little push back.

Advocates of the bills said it will make it easier for people to move on from their criminal records and get jobs and housing.

The bills (HB 4980, HB 4981, HB 4982, HB 4983, HB 4984, HB 4985 and HB 5120) passed with varying votes ranging from 102-6 to 95-13.

“All I really know is when I came in I met with stakeholder after stakeholder, business community folks, chambers, law enforcement folks, prosecutors, who said, ‘boy, it seems like expungement is pretty narrow, and we think expanding it is going to provide opportunities for a lot of people,'” said Rep. Graham Filler (R-DeWitt), chair of the House Judiciary Committee. “There wasn’t a single meeting I had where somebody was negative about it. So, I took it as this is the time.”

HB 4980, which would allow some convictions (assaultive crimes and serious crimes involving dishonesty excluded) to automatically set aside after 10 years for a felony and 7 for a misdemeanor – one of the more crucial changes as advocates note only 6.5 percent of those currently eligible for expungement go through the petition process to do so – passed 95-13.

No more than two felonies or four misdemeanors could be set aside automatically.

Through the traditional process, which involves petitioning the court, individuals would be permitted to have set aside up to three felonies to have their convictions set aside so long as none are assaultive. Individuals with an assaultive crime on their record can apply to have up to two felonies and three misdemeanors set aside. The bills also expand expungement to lower level traffic crimes excluding driving under the influence.

Filler said expanding expungement opportunities to those with lower level driving offenses is a “big, big deal” to hundreds of thousands of people.

Rep. Tenisha Yancey (D-Harper Woods) said her criminal record was an obstacle for her throughout her life. She said before she became a lawyer, she was told she would never qualify to practice law.

“However, God willing, I became a licensed attorney,” she said. “And not only a licensed attorney, but a prosecuting attorney and I am standing here on this House floor today so that other people will have the same opportunities I was given.”

She said criminal records stop people from moving forward with their dreams and their goals because they are worried it could hold them back.

Rep. David LaGrand (D-Grand Rapids), minority vice chair of the House Judiciary Committee, said the legislation took a lot of time, effort and thought and wasn’t easy.

“We have done great work and we have done it together,” he said. “And I hope we can be an example to other states.”

He said the bills weaken the hold of stigma on society and allows more people to rejoin society with nothing to be ashamed of “because they proved to us, fellow citizens, that they are safe.”

Rep. Sherry Gay-Dagnogo (D-Detroit), one of the bill sponsors, said hundreds of thousands of people who have paid their debt to society continue to face barriers when trying to access employment, education opportunities, housing and reliable financing options.

“That’s why reforming Michigan’s expungement process serves as an important step in the right direction to ensuring a fresh start and providing a pathway to success for all Michigan citizens, including those with past convictions,” she said in a prepared statement. “I’m proud to have joined with my colleagues on both sides of the aisle to pass this vital reform for the people of our state and look forward to continuing the collective advocacy that this package needs as it moves to the Senate for further consideration.”

Under the bills, those seeking to set aside misdemeanors with no felonies could petition after three years, those with a serious misdemeanor or a felony could petition after five years and those seeking to set aside more than one felony could petition after seven years.

This story was published by Gongwer News Service.