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About 200,000 first-time intoxicated offenders will have a chance to clear their convictions under bipartisan legislation signed by Gov. Gretchen Whitmer on Monday.
Those convicted of driving under the influence of marijuana, cocaine or another Schedule I drug are also eligible for deregistration.
“No one should be defined by a mistake they’ve made in the past,” Whitmer said in a statement. “These bills allow the Michiganders to move on from a past mistake in order to have a clean slate. We need to pave the way for first-time offenders so that all residents can compete for jobs with clean criminal records and contribute to their communities in a positive way. ”
Whitmer also signed a bill to keep the state’s legal blood alcohol level at 0.08. The legislation prevents the limit from increasing to 0.10 under a sunset clause in the law.
Under the proposed expungement bill, people who committed an operating violation while intoxicated (OWI) could ask a judge to clear their public record of the conviction so that it would not be detected when a background check. The idea is to offer a fresh start to first offenders.
The write-offs would not be automatic. Offenders are required to petition the court, and a judge would have the final say.
Offenses causing death or serious injury would not qualify.
John S. Cooper, executive director of Safe & Just Michigan, which opposes mass incarceration, hailed the legislation as “a long-awaited chance for a fresh start for tens of thousands of Michiganders whose opportunities have been limited by a single old DUI conviction. ”
“Drunk driving is a serious problem in Michigan, but permanently limiting a person’s ability to work and drive based on a single, decades-old mistake makes no sense “Cooper said. “People who can show that their drinking and driving conviction was a one-time mistake should be given the opportunity to make a fresh start.”
The ACLU also supports the delisting bill.
“We are honored to be working alongside many coalition partners to shed light on the unnecessarily harsh and racist criminal justice system which particularly affects young people, black people and communities of color,” said Shelli Weisberg, political director of the Michigan ACLU. “The radiation act is another step forward in transforming our criminal justice system so that people have the opportunity to be reinstated and can contribute to their communities. We urge lawmakers to continue on this path of reform. until the job is done. ”
In October, Whitmer signed a clean slate invoice which allows residents convicted of numerous cannabis-related crimes to have the opportunity to erase the offenses from their criminal records.
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