2021Criminal Records
Second Chance

Written By ESR News Blog Editor Thomas Ahearn

On August 23, 2021, Michigan Governor Gretchen Whitmer signed House Bills 4219 and 4220 to allow for the expungement of convictions for a first violation of operating while intoxicated (OWI) in certain cases to give non-repeat OWI offenders the opportunity for a second chance at a clean record, according to a press release.

The bills allow people with OWI convictions to seek expungement of their first offense five years after probation ends. Applicants must submit a petition to the court for review by a judge. Incidents causing death or serious injury to victims are not eligible. The bills allow for the criminal record expungement of first-time offenses for:

  • Any person operating a vehicle with a Blood Alcohol Content (BAC) of .08 or more.
  • Any person operating a vehicle while visibly impaired by alcohol or other controlled substance.
  • A person under 21 years old operating a vehicle with a BAC of .02 or more.
  • Any person from operating a vehicle with any bodily amount of cocaine or a Schedule 1 controlled substance.

“These bills allow Michiganders to move on from a past mistake in order to have a clean slate. We must clear a path for first-time offenders so that all residents are able to compete for jobs with a clean record and contribute to their communities in a positive way,” Governor Whitmer stated in the press release.

Second chance programs and reentry laws that help allow ex-offenders with a prior criminal record to have an opportunity to find work will continue to evolve, according to the “ESR Top Ten Background Check Trends” for 2021 compiled by leading global background check firm Employment Screening Resources® (ESR).

Employment Screening Resources® (ESR) – which was ranked the #1 screening firm by HRO Today in 2020 – offers a white paper on “Ten Critical Steps for Ex-Offenders to Get Back into the Workforce” to help people with past criminal records successfully reenter the workforce. To learn more about ESR, visit www.esrcheck.com.

NOTE: Employment Screening Resources® (ESR) does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.

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