KENT COUNTY, Michigan — Caledonia native Kyle Jensen is currently living in Colorado. He was hired by Breckenridge Ski Resort as a ski instructor, but there's been one thing preventing him from starting the job.
“To actually work for the resort, my background check has to clear, and that's where the problems have come up,” Jensen said. “I think my record is clear, as far as I know.”
He said he did the background check in July, but as of early December, his employer was still waiting for the results, which meant Jensen was unable to start working. After several weeks and multiple calls from the 13 HELP Team, Jensen's background finally cleared on December 6th. As it turns out, a Michigan law has been preventing access to public court records, causing major delays for people like Jensen who are just trying to get a job.
Verified Credentials, the company running Jensen’s background check, told us the delay is the result of Michigan's Clean Slate legislation, which went into effect in April of 2021. It allows people to have their criminal records removed, but it also blocks the public from searching court records online.
“For somebody who maybe has no criminal history, they can't get a background check to just get a job. Yeah, that's a huge problem,” Kent County prosecutor Chris Becker said. “I wish I could wave a magic wand and say there's a way to do it better. But right now, that's what we're dealing with.”
In Kent County, there are 6 district courts and one circuit court. Each court is responsible for responding to record requests, which became challenging earlier this year following the implementation of an automated program to set aside convictions.
“For the 61st District Court, there was a delay for quite some time until we were able to safely put that public site back up for individuals who just prefer to check on records through that avenue,” Sarah Breen, Clerk of the Court for 61st District Court, said. “Our public site was back and available for users in July. We have not had a backlog since July. And so our clerk's office is responding to requests daily.”
As it is, Caledonia falls under the 17th Circuit Court, which is still experiencing delays. But now, after more than four months, Jensen will finally be able to get to work.
“I obviously need a paycheck and something to pay the rent,” Jensen said.
In a statement to 13 On Your Side, Kent County Clerk Lisa Posthumus Lyons said “Due to the recent clean slate legislation signed into law, courts throughout Michigan are implementing changes to processes and court files to comply. For our court, this means that our free, online name search tool has been modified to only produce limited criminal history results so not to disseminate incorrect information to the public. Name search tools are not a mandated function of the court, but we do hope to have the tool live again with full functionality in the future. Vendors performing background checks have several alternatives available to them to access the full information they require, so while our online tool was preferable, its modification does not prevent them from completing their services.”
Jay may be the face of the HELP TEAM, but there are more members behind the scenes working to get the job done. HELP TEAM stories can be seen on the air and at www.13HelpTeam.com. People are encouraged to contact the HELP TEAM by calling 616-559-1313 and leaving a message or emailing help@13onyourside.com.
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