FLINT EXPUNGEMENT


If you have old crimes that the conviction limits your ability to contribute to society you have a pathway, expungements, for a fresh start. MCL 780.621 . My initial consultation with you is free. Terry R. Bankert 810-235-1970, 1000 Beach St., Flint MI 48503. www.attorneybankert.com, terry@attorneybankert.com.

Sunday, January 13, 2013

On 12/30/2012 Governor Snyder signed into law an amendment to section 18e of chapter XIIA (MCL 712A.18e), as amended by 1996 PA 257. by Flint Attorney Terry R. Bankert 810-235-1970
see:http://www.abc12.com/story/20467852/new-law-makes-it-easier-to-erase-juvenile-crimes

This allows a person to have set aside more than one criminal conviction. This process is called expungement. Prior to this amendment a person was limited to one crime that could be expunged. Having your criminal record become important when applying for a job, the military of college and certain programs and funding sources. A tremendous burden has been taken from those that when young crossed the law and paid their penalty. As an adults they now can move on with their life.

Generally this new law , allows a person who has been sentenced to not more than 1 juvenile offense that would be a felony if committed by an adult and not more than 3 juvenile offenses total, of which not more than 1 may be a juvenile offense that would be a felony if committed by an adult and who has no adult felony convictions may file a petition with the courts that gave them the sentence for the entry of an order after a proper motion and hearing and complying with all portions of this law to set aside the juvenile sentences..



A citizen may have only 1 juvenile sentence for an offense that would be a felony if committed by an adult and not more than 2 sentences for an offense that would be a misdemeanor if committed by an adult. A total of three juvenile acts can be expunged.


If there has never been a sentence in juvenile court for an act that would be a sentence to a felony if committed by an adult, not more than 3 sentences for an offenses that would be a misdemeanor if committed by an adult can set aside . Another way that three juvenile acts can be set aside.


If there were multiple sentences from one act they can be counted as just one with limitations. Multiple sentences arising out of a series of acts that were within 12 hours or less and that displayed a single intent and goal constitute 1 offense provided that none of the adjudications constitute any of the following:


(a) An assaultive crime as that term is defined in subsection .


(b) An offense involving the use or possession of a weapon.


(c) An offense with a maximum penalty of 10 or more years imprisonment.



There are offense sentences that cannot be expunged or set aside. A person shall not apply under this law to have set aside, and a judge shall not under this section set aside, any of the following:


(a) A sentenced for an offense that if committed by an adult would be a felony for which the maximum punishment is life imprisonment.


(b) A sentence for a traffic offense under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a local ordinance substantially corresponding to that act, that involves the operation of a vehicle and at the time of the violation is a felony or misdemeanor.


(c) A conviction under section 2d of this chapter. This subdivision does not prevent a person convicted under section 2d of this chapter from having that conviction set aside as otherwise provided by law.
Juvenile orders for financial payments will remain in effect. For instance order of disposition placing a juvenile in or committing a juvenile to care outside of the juvenile's own home and under state, county juvenile agency, or court supervision shall contain a provision for reimbursement by the juvenile, parent, guardian, or custodian to the court for the cost of care or service. [


Before a person had to wait three years until after completion of their sentence now they only have to wait one year. A legal petition under this law shall not be filed until the expiration of 1 year following imposition of the disposition for the sentence that the applicant seeks to set aside, or 1 year following completion of any term of detention for that sentence, or when the person becomes 18 years of age, whichever occurs later.

Many young people cross the law. We now have responsibly changed the law so the crimes of our youth are truly forgiven.


 

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