JUVENILE CRIME EXPUNGEMENTS
STATE 
OF MICHIGAN
96TH 
LEGISLATURE
REGULAR 
SESSION OF 2012
Introduced 
by Reps. Haveman, Bumstead, Hooker, Heise, Kurtz, Genetski, Lipton, MacMaster, 
Wayne Schmidt, Opsommer, Foster, Pettalia, Muxlow, Shirkey, Lori and 
Jackson
ENROLLED 
HOUSE BILL No. 5600
AN 
ACT to amend 1939 PA 288, entitled “An act to revise and consolidate the 
statutes relating to certain aspects of the family division of circuit court, to 
the jurisdiction, powers, and duties of the family division of circuit court and 
its judges and other officers, to the change of name of adults and children, and 
to the adoption of adults and children; to prescribe certain jurisdiction, 
powers, and duties of the family division of circuit court and its judges and 
other officers; to prescribe the manner and time within which certain actions 
and proceedings may be brought in the family division of the circuit court; to 
prescribe pleading, evidence, practice, and procedure in certain actions and 
proceedings in the family division of circuit court; to provide for appeals from 
certain actions in the family division of circuit court; to prescribe the powers 
and duties of certain state departments, agencies, and officers; to provide for 
certain immunity from liability; and to provide remedies and penalties,” by 
amending section 18e of chapter XIIA (MCL 712A.18e), as amended by 1996 PA 
257.
The 
People of the State of Michigan enact:
CHAPTER 
XIIA
Sec. 
18e. (1) Except as provided in subsection (2), a person who has been adjudicated 
of not more than 1 juvenile offense that would be a felony if committed by an 
adult and not more than 3 juvenile offenses, 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 
felony convictions may file an application with the adjudicating court or 
adjudicating courts for the entry of an order setting aside the adjudications. A 
person may have only 1 adjudication for an offense that would be a felony if 
committed by an adult and not more than 2 adjudications for an offense that 
would be a misdemeanor if committed by an adult or if there is no adjudication 
for a felony if committed by an adult, not more than 3 adjudications for an 
offense that would be a misdemeanor if committed by an adult set aside under 
this section. Multiple adjudications arising out of a series of acts that were 
in a continuous time sequence of 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 (7).
(b) 
An offense involving the use or possession of a weapon.
(c) 
An offense with a maximum penalty of 10 or more years imprisonment.
(2) 
A person shall not apply under this section to have set aside, and a judge shall 
not under this section set aside, any of the following:
(a) 
An adjudication for an offense that if committed by an adult would be a felony 
for which the maximum punishment is life imprisonment.
(b) 
An adjudication 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.
(3) 
An application under this section shall not be filed until the expiration of 1 
year following imposition of the disposition for the adjudication that the 
applicant seeks to set aside, or 1 year following completion of any term of 
detention for that adjudication, or when the person becomes 18 years of age, 
whichever occurs later.
(4) 
An application under this section is invalid unless it contains the following 
information and is signed under oath by the person whose adjudication is to be 
set aside:
(a) 
The full name and current address of the applicant.
(b) 
A certified record of the adjudication that is to be set aside.
(c) 
A statement that the applicant has not been adjudicated of a juvenile offense 
other than the juvenile offenses sought to be set aside as a result of this 
application.
(d) 
A statement that the applicant has not been convicted of any felony 
offense.
(e) 
A statement as to whether the applicant has previously filed an application to 
set aside this or any other adjudication and, if so, the disposition of the 
application.
(f) 
A statement as to whether the applicant has any other criminal charge pending 
against him or her in any court in the United States or in any other 
country.
(g) 
A consent to the use of the nonpublic record created under subsection (13), to 
the extent authorized by subsection (13).
(5) 
The applicant shall submit a copy of the application and 2 complete sets of 
fingerprints to the department of state police. The department of state police 
shall compare those fingerprints with the records of the department, including 
the nonpublic record created under subsection (13), and shall forward a complete 
set of fingerprints to the federal bureau of investigation for a comparison with 
the records available to that agency. The department of state police shall 
report to the court in which the application is filed the information contained 
in the department’s records with respect to any pending charges against the 
applicant, any record of adjudication or conviction of the applicant, and the 
setting aside of any adjudication or conviction of the applicant and shall 
report to the court any similar information obtained from the federal bureau of 
investigation. The court shall not act upon the application until the department 
of state police reports the information required by this subsection to the 
court.
(6) 
The copy of the application submitted to the department of state police under 
subsection (5) shall be accompanied by a fee of $25.00 payable to the state of 
Michigan. The department of state police shall use the fee to defray the 
expenses incurred in processing the application.
(7) 
A copy of the application shall be served upon the attorney general and, if 
applicable, upon the office of the prosecuting attorney who prosecuted the 
offense. The attorney general and the prosecuting attorney shall have an 
opportunity to contest the application. If the adjudication was for an offense 
that if committed by an adult would be an assaultive crime or serious 
misdemeanor, and if the name of the victim is known to the prosecuting attorney, 
the prosecuting attorney shall give the victim of that offense written notice of 
the application and forward a copy of the application to the victim under 
section 46a of the William Van Regenmorter crime victim’s rights act, 1985 PA 
87, MCL 780.796a. The notice shall be sent by first-class mail to the victim’s 
last known address. The victim has the right to appear at any proceeding under 
this section concerning that adjudication and to make a written or oral 
statement. As used in this subsection:
(a) 
“Assaultive crime” means that term as defined in section 9a of chapter X of the 
code of criminal procedure, 1927 PA 175, MCL 770.9a.
(b) 
“Serious misdemeanor” means that term as defined in section 61 of the William 
Van Regenmorter crime victim’s rights act, 1985 PA 87, MCL 780.781.
(c) 
“Victim” means that term as defined in section 31 of the William Van Regenmorter 
crime victim’s rights act, 1985 PA 87, MCL 780.781.
(8) 
Upon the hearing of the application, the court may require the filing of 
affidavits and the taking of proofs as it considers proper.
(9) 
Except as provided in subsection (10), if the court determines that the 
circumstances and behavior of the applicant from the date of the applicant’s 
adjudication to the filing of the application warrant setting aside the 1 
adjudication for a juvenile offense that would be a felony if committed by an 
adult and not more than 2 adjudications for a juvenile offense that would be a 
misdemeanor if committed by an adult or if there is no adjudication for a felony 
if committed by an adult, not more than 3 adjudications for an offense that 
would be a misdemeanor if committed by an adult and that setting aside the 
adjudication or adjudications is consistent with the public welfare, the court 
may enter an order setting aside the adjudication. Except as provided in 
subsection (10), the setting aside of an adjudication under this section is a 
privilege and conditional, and is not a right.
(10) 
Notwithstanding subsection (9), the court shall set aside the adjudication of a 
person who was adjudicated for an offense that if committed by an adult would be 
a violation or an attempted violation of section 413 of the Michigan penal code, 
1931 PA 328, MCL 750.413, if the person files an application with the court and 
otherwise meets the requirements of this section.
(11) 
Upon the entry of an order under this section, the applicant is considered not 
to have been previously adjudicated, except as provided in subsection (13) and 
as follows:
(a) 
The applicant is not entitled to the remission of any fine, costs, or other 
money paid as a consequence of an adjudication that is set aside.
(b) 
This section does not affect the right of the applicant to rely upon the 
adjudication to bar subsequent proceedings for the same offense.
(c) 
This section does not affect the right of a victim of an offense to prosecute or 
defend a civil action for damages.
(d) 
This section does not create a right to commence an action for damages for 
detention under the disposition that the applicant served before the 
adjudication is set aside under this section.
(12) 
Upon the entry of an order under this section, the court shall send a copy of 
the order to the arresting agency and the department of state 
police.
(13) 
The department of state police shall retain a nonpublic record of the order 
setting aside an adjudication for a juvenile offense that would be a felony if 
committed by an adult and not more than 2 juvenile offenses that would be 
misdemeanors if committed by an adult or if there is no adjudication for a 
felony if committed by an adult, not more than 3 adjudications for an offense 
that would be a misdemeanor if committed by an adult and of the record of the 
arrest, fingerprints, adjudication, and disposition of the applicant in the case 
to which the order applies. Except as provided in subsection (14), this 
nonpublic record shall be made available only to a court of competent 
jurisdiction, an agency of the judicial branch of state government, a law 
enforcement agency, a prosecuting attorney, the attorney general, or the 
governor upon request and only for the following purposes:
(a) 
Consideration in a licensing function conducted by an agency of the judicial 
branch of state government.
(b) 
Consideration by a law enforcement agency if a person whose adjudication has 
been set aside applies for employment with the law enforcement 
agency.
(c) 
To show that a person who has filed an application to set aside an adjudication 
has previously had an adjudication set aside under this section.
(d) 
The court’s consideration in determining the sentence to be imposed upon 
conviction for a subsequent offense that is punishable as a felony or by 
imprisonment for more than 1 year.
(e) 
Consideration by the governor, if a person whose adjudication has been set aside 
applies for a pardon for another offense.
(14) 
A copy of the nonpublic record created under subsection (13) shall be provided 
to the person whose adjudication is set aside under this section upon payment of 
a fee determined and charged by the department of state police in the same 
manner as the fee prescribed in section 4 of the freedom of information act, 
1976 PA 442, MCL 15.234.
(15) 
The nonpublic record maintained under subsection (13) is exempt from disclosure 
under the freedom of information act, 1976 PA 442, MCL 15.231 to 
15.246.
(16) 
Except as provided in subsection (13), a person, other than the applicant, who 
knows or should have known that an adjudication was set aside under this 
section, who divulges, uses, or publishes information concerning an adjudication 
set aside under this section is guilty of a misdemeanor.
This 
act is ordered to take immediate effect.
Clerk 
of the House of Representatives
Secretary 
of the Senate
Approved
Governor
 
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