May 29, 2025
Michigan’s Senate has passed a new bill concerning expungement and minors. This newly passed bill is Senate Bill No. 78 (SB 78), sponsored by Michigan State Senator Sylvia Santana. SB 78 aims to help clear the records for those who committed a serious offense as a child but have remained free from any additional convictions.
According to SB 78, it would allow minors to expunge serious crimes they committed, and it would expand the list of qualified records. This expansion would include many that would not qualify generally, such as murder and armed robbery. However, it would establish strict requirements for such offenses to qualify.
SB 78 expands eligibility for expungements to even the most serious offenses. However, it also contains strict limitations for individuals to qualify. Examples require that the crimes occurred before the individual turned 18, that the individual has not committed any crimes since their 18th birthday, and that 10 years have passed since their last conviction.
Furthermore, the Department of Corrections must have discharged the individual. Following this discharge, at least 15 years must have passed since their release from incarceration. SB 78 also requires individuals to avoid acquiring pending charges and to not test positive for the illegal use of a controlled substance since the felony convictions occurred. The bill sets the timeframe requirements based on the charges the individual wishes to expunge.
The individual seeking expungement must demonstrate “a record and reputation that shows the applicant is not likely to act in a manner that is a danger to the safety of others.” Regardless of the individual’s demonstrations, SB 78 will reject sealing sex offenses as defined in section 2 of the Sex Offenders Registration Act, 1994 PA 295, MCL 28.722.
This expungement process requires individuals to submit a petition, which a court will review and then determine whether to expunge the offense specified in the petition. SB 78 follows on the heels of Michigan’s “Clean Slate” legislation, which created a system for the automatic sealing of certain offenses committed by minors and adults. However, the automatic expungement process created under the former Clean Slate legislation includes more restrictions than SB 78’s petition-based process.
This new bill will still have a few more hurdles to clear until it becomes law. Regardless of its progress, background check users, including employers, should ensure that the reports they use eliminate obsolete record information and accurately reflect the applicant’s current record.