In a groundbreaking move towards criminal justice reform, Michigan has been trying to normalize in the aftermath of the somewhat newly passed Michigan Clean Slate Act. This landmark legislation aims to give individuals a second chance by expunging certain non-violent convictions from their records. But what are the implications of this Act on background checks? Let’s take a closer look.
Under the Michigan Clean Slate Act, individuals who have completed their sentences for certain qualifying non-violent convictions may now have their records automatically sealed. These convictions will no longer be visible in standard background checks. The Act recognizes that these individuals deserve a chance to rebuild their lives, free from the burden of past mistakes.
For employers and organizations that rely on background checks as part of their hiring process, the Michigan Clean Slate Act introduces new considerations and new challenges. While background checks remain crucial for maintaining a safe and secure work environment, the Act limits the disclosure and use of sealed records.
Employers will no longer have access to sealed records when conducting background checks during the hiring process. This change encourages employers to focus on applicants’ qualifications, skills, and merits rather than being solely influenced by their past convictions. It opens doors of opportunity for individuals who have paid their debt to society and are seeking a fresh start.
It is important to note that the Act does not prohibit employers from considering an individual’s criminal history entirely. Employers like CredentialCheck still have the right to ask applicants directly about their past convictions, particularly for positions deemed sensitive or those that involve working with vulnerable populations.
However, the Act encourages employers to exercise caution and evaluate each case individually, considering factors such as the relevance of the offense to the job responsibilities and the time elapsed since the conviction.
The Michigan Clean Slate Act sets a progressive tone in balancing the need for public safety and the opportunity for rehabilitation. It empowers individuals with previous convictions to seek gainful employment and reintegrate into society, reducing the likelihood of recidivism.
As the Act takes effect, individuals and employers must understand and navigate the new landscape of background checks. Resources and support are available for those seeking to seal their records or for employers eager to leverage the benefits of diverse and inclusive hiring practices. By staying informed and updated on the evolving legislation, Michigan can pave the way for a fairer criminal justice system and a more vital workforce.
