HOW TO GET YOUR JUVENILE CRIMINAL RECORD EXPUNGED. Information to help the Judge decide you have learned your lesson and should be given a second chance.
Look at MCL 712A.18e, the statute that governs the expungement of juvenile adjudications.
-
PROBATE CODE OF 1939 (EXCERPT)
Act 288 of 1939
MCL.712A.18e Application for entry of order setting aside adjudication; [ this section has been revised to be posted later. A juvenile can have up to three juvenile crimes expunged. Only one can be in the catregory of a crime that is the poerson was an adult whold have been a felony not a misdeamenor.]...
We first have to determine whether the adjudication may be expunged.
Not all people are eligible to have their juvenile adjudications expunged and not all juvenile adjudications are capable of being expunged. To help decide whether you are eligible to have your adjudication expunged,
Order a certified copy of the order of disposition.
Contact the court where the adjudication occurred and order a certified copy of the order of disposition. MCL 712A.18e(4)(b).
You shopuld be patient as records more than five years old are often in storage, converted to microfiche, or otherwise difficult to access. There may be a small charge for this process.
Obtain and complete the necessary form.
To expunge the adjudication, you must fill out SCAO form JC 66, Application to Set Aside Adjudication. You will need the certified copy of the order of disposition (see step 3) to complete the application.
This form also contains the order if the application is granted.
File the application.
You will need five copies of the application to set aside the adjudication and four copies of the certified record of the order of disposition.
To the court clerk, give the original, signed and notarized application, all five copies of the application, and the original certified copy of the order of disposition. The clerk will set a hearing date, keep the certified copy of the order of disposition and the original application, and return the five copies of the application with the hearing date noted in the “Notice of Hearing” section of the application.
Of the remaining copies of the application and order of disposition, one of each will be sent to the Michigan State Police (see step 7) and one of each will be sent to the attorney general (see step 8). Be sure to keep in your files the remaining two copies of the application and copy of the order of disposition.
Get yourself fingerprinted.
You must obtain a set of his or her fingerprints. Contact your local police agency. Police are called upon frequently to fingerprint people for various applications, licensing procedures, etc., and should accommodate your request for fingerprinting. They may schedule an appointment or they may advise you to simply walk in during designated times.
The fingerprints will be taken on an applicant card (RI-7). Fill out the card completely. You may have to pay an application fee to the police agency.
Send information to the Michigan State Police.
Mail the following items to the Michigan State Police:
Alert the attorney general and the prosecuting attorney.
At least seven days before the hearing, mail a copy of the application and a copy of the order of disposition to the attorney general and the prosecuting attorney for the county in which the adjudication took place.
Complete the proof of service.
After mailing the copies to the attorney general, prosecuting attorney, and state police, complete the proof of service on the remaining to copies of the Application to Set Aside Adjudication. This is contained in the section at the bottom of the application entitled “Proof of Service.” Simply check the appropriate boxes, fill in the dates, and sign and date at the bottom. Keep one copy of this form, with the completed proof of service, for your records, and mail or personally file the original with the court clerk.
Prepare for the hearing.
All judges handle juvenile expungements differently. Some will grant the expungement automatically if the applicant is eligible; others will want strong evidence of good character. Be ready for the latter approach.
If the adjudication to be expunged was assaultive in nature, the prosecutor will give the victim written notice of the request for expungement, including a copy of the Application to Set Aside the Adjudication. Therefore, an applicant with an assaultive crime should be prepared for the possibility that the victim will contact the judge to oppose the expungement, or even appear at the hearing.
Complete the process.
If the judge grants the expungement, check with the court clerk to make sure the court will send copies of the order to the Michigan State Police Central Records Division. You may want to send copies yourself to the attorney general and prosecuting attorney.
After a couple of months, you may wish to contact the Michigan State Police Criminal Records Division at (517) 322-1665 to make sure that your client’s record was expunged.
Understand the implications of an expunged record.
Expungement of a juvenile adjudication has the effect of setting aside a juvenile’s adjudication. This permits you to honestly tell a potential employer that he or she has never been convicted of a crime. However, even an expunged criminal record can be used for some purposes. For an explanation of what you can expect after expungementt.
YOU SHOULD CONSIDER
The address for the state police is
Attorney General
The address for the attorney general’s office is
The address for the prosecuting attorney for the county in which you received the adjudication is obtainable from a variety of sources such as the Bar Journal, the telephone book, or the Internet. You can also ask the court clerk.[1]
Evidence of Good Character
Be prepared to present the following at the expungement hearing:
In general, once an adjudication is set aside under the expungement statute, you are legally considered not to have been adjudicated of the juvenile offense. In Michigan, most employers may not legally ask about criminal history that did not result in a conviction. MCL 37.2205a. But there are exceptions that may cause a criminal history to haunt a person after expungement.[1]
First, you have only expunged a conviction, not erased the arrest or the court proceedings. Accordingly, even after expungement, some employers may inquire beyond the matter of whether there is a criminal conviction and require an applicant to disclose an arrest, a plea of guilty or no contest, or a finding of guilt by a judge or jury. Many employers are specifically authorized by statute to conduct criminal history checks, and certain government or law enforcement agencies are not limited to determining only whether a conviction was obtained. [1]
Did you know anyone with $10 can obtain a person’s criminal history from the state police website, which may still reveal the arrest.[1]
Did you know employers in other states may be bound by different laws than Michigan and may be allowed to ask about arrests that did not result in conviction. There is no law that prohibits licensing agencies from holding your arrest record against you, including agencies overseeing medical, legal, financial, and even horse-racing fields. Colleges and graduate schools are free to ask about anything to do with one’s criminal history—and often do. Landlords may ask about arrests on rental applications.[1]
Finally, expunged convictions are still considered convictions for purposes of immigration deportation, may not affect a Secretary of State abstract, will not alter registration as a sexual offender, and may be considered in sentencing if the person is ever convicted of another offense. See MCL 780.622 for other things unaffected by expungement.[1]
Once again, a person whose conviction is expunged may only answer “no” to the question “Have you ever been convicted of a crime?” [1]
If an application inquires into the fact of arrest or asks about criminal dispositions taking place before expungement, one may need to obtain legal advice as to whether the question may legally be asked, and if so, how to answer it.[1]
If a person does ever need to explain the circumstances of an expunged conviction, it is best to handle the explanation in the same way as the expungement hearing before the judge and to be prepared with strong evidence of rehabilitation since the crime occurred.[1]
Despite the limited protection offered by an expungement, successfully setting aside a conviction can go a long way in helping a person have a fresh start in life, whether it be in finding employment or pursuing an education.[1]
--
see
[1]
Current to 01/04/13 [what's this?]
Expunge a Juvenile Adjudication
By Nicholas Roumel
[2]
Updated with
[3]
updated with
Look at MCL 712A.18e, the statute that governs the expungement of juvenile adjudications.
-
PROBATE CODE OF 1939 (EXCERPT)
Act 288 of 1939
MCL.712A.18e Application for entry of order setting aside adjudication; [ this section has been revised to be posted later. A juvenile can have up to three juvenile crimes expunged. Only one can be in the catregory of a crime that is the poerson was an adult whold have been a felony not a misdeamenor.]...
We first have to determine whether the adjudication may be expunged.
Not all people are eligible to have their juvenile adjudications expunged and not all juvenile adjudications are capable of being expunged. To help decide whether you are eligible to have your adjudication expunged,
Order a certified copy of the order of disposition.
Contact the court where the adjudication occurred and order a certified copy of the order of disposition. MCL 712A.18e(4)(b).
You shopuld be patient as records more than five years old are often in storage, converted to microfiche, or otherwise difficult to access. There may be a small charge for this process.
Obtain and complete the necessary form.
To expunge the adjudication, you must fill out SCAO form JC 66, Application to Set Aside Adjudication. You will need the certified copy of the order of disposition (see step 3) to complete the application.
This form also contains the order if the application is granted.
File the application.
You will need five copies of the application to set aside the adjudication and four copies of the certified record of the order of disposition.
To the court clerk, give the original, signed and notarized application, all five copies of the application, and the original certified copy of the order of disposition. The clerk will set a hearing date, keep the certified copy of the order of disposition and the original application, and return the five copies of the application with the hearing date noted in the “Notice of Hearing” section of the application.
Of the remaining copies of the application and order of disposition, one of each will be sent to the Michigan State Police (see step 7) and one of each will be sent to the attorney general (see step 8). Be sure to keep in your files the remaining two copies of the application and copy of the order of disposition.
Get yourself fingerprinted.
You must obtain a set of his or her fingerprints. Contact your local police agency. Police are called upon frequently to fingerprint people for various applications, licensing procedures, etc., and should accommodate your request for fingerprinting. They may schedule an appointment or they may advise you to simply walk in during designated times.
The fingerprints will be taken on an applicant card (RI-7). Fill out the card completely. You may have to pay an application fee to the police agency.
Send information to the Michigan State Police.
Mail the following items to the Michigan State Police:
- a copy of the Application to Set Aside Adjudication
- a copy of the certified order of disposition
- the fingerprint card
- a $30 fee payable to the State of Michigan
Alert the attorney general and the prosecuting attorney.
At least seven days before the hearing, mail a copy of the application and a copy of the order of disposition to the attorney general and the prosecuting attorney for the county in which the adjudication took place.
Complete the proof of service.
After mailing the copies to the attorney general, prosecuting attorney, and state police, complete the proof of service on the remaining to copies of the Application to Set Aside Adjudication. This is contained in the section at the bottom of the application entitled “Proof of Service.” Simply check the appropriate boxes, fill in the dates, and sign and date at the bottom. Keep one copy of this form, with the completed proof of service, for your records, and mail or personally file the original with the court clerk.
Prepare for the hearing.
All judges handle juvenile expungements differently. Some will grant the expungement automatically if the applicant is eligible; others will want strong evidence of good character. Be ready for the latter approach.
If the adjudication to be expunged was assaultive in nature, the prosecutor will give the victim written notice of the request for expungement, including a copy of the Application to Set Aside the Adjudication. Therefore, an applicant with an assaultive crime should be prepared for the possibility that the victim will contact the judge to oppose the expungement, or even appear at the hearing.
Complete the process.
If the judge grants the expungement, check with the court clerk to make sure the court will send copies of the order to the Michigan State Police Central Records Division. You may want to send copies yourself to the attorney general and prosecuting attorney.
After a couple of months, you may wish to contact the Michigan State Police Criminal Records Division at (517) 322-1665 to make sure that your client’s record was expunged.
Understand the implications of an expunged record.
Expungement of a juvenile adjudication has the effect of setting aside a juvenile’s adjudication. This permits you to honestly tell a potential employer that he or she has never been convicted of a crime. However, even an expunged criminal record can be used for some purposes. For an explanation of what you can expect after expungementt.
YOU SHOULD CONSIDER
- getting the precise information about the adjudication from the certified record
- complete the Application to Set Aside the Adjudication
- have the court clerk notarize the application
- obtain a hearing date from the clerk [1]
The address for the state police is
- Michigan State Police
- Criminal Records Division
- Identification Section
- PO Box 30634
- Lansing, MI 48909[1]
Attorney General
The address for the attorney general’s office is
- Attorney General’s Office
- Corrections Department
- P.O. Box 30217
- Lansing, MI 48909[1]
The address for the prosecuting attorney for the county in which you received the adjudication is obtainable from a variety of sources such as the Bar Journal, the telephone book, or the Internet. You can also ask the court clerk.[1]
Evidence of Good Character
Be prepared to present the following at the expungement hearing:
- If you havebeen in school, bring copies of transcripts.
- If you have been working, bring a resume and letters of reference from employers.
- If you have done volunteer work or community service, bring evidence of what has been done and letters, if available.
- If you have been rehabilitated (drug or alcohol intervention, psychological treatment, and/or religious or spiritual guidance from a place of worship), bring proof.
- Bring letters of support from;
- friends,
- family members,
- employers others who know you and can vouch for his or her good character. Consider bringing some of these key people to the hearing. Even if the judge does not want to hear from them, it will make a positive impression to be able to tell the judge that your parents, partner, boss, and best friend are at the hearing to lend their support.[1]
In general, once an adjudication is set aside under the expungement statute, you are legally considered not to have been adjudicated of the juvenile offense. In Michigan, most employers may not legally ask about criminal history that did not result in a conviction. MCL 37.2205a. But there are exceptions that may cause a criminal history to haunt a person after expungement.[1]
First, you have only expunged a conviction, not erased the arrest or the court proceedings. Accordingly, even after expungement, some employers may inquire beyond the matter of whether there is a criminal conviction and require an applicant to disclose an arrest, a plea of guilty or no contest, or a finding of guilt by a judge or jury. Many employers are specifically authorized by statute to conduct criminal history checks, and certain government or law enforcement agencies are not limited to determining only whether a conviction was obtained. [1]
Did you know anyone with $10 can obtain a person’s criminal history from the state police website, which may still reveal the arrest.[1]
Did you know employers in other states may be bound by different laws than Michigan and may be allowed to ask about arrests that did not result in conviction. There is no law that prohibits licensing agencies from holding your arrest record against you, including agencies overseeing medical, legal, financial, and even horse-racing fields. Colleges and graduate schools are free to ask about anything to do with one’s criminal history—and often do. Landlords may ask about arrests on rental applications.[1]
Finally, expunged convictions are still considered convictions for purposes of immigration deportation, may not affect a Secretary of State abstract, will not alter registration as a sexual offender, and may be considered in sentencing if the person is ever convicted of another offense. See MCL 780.622 for other things unaffected by expungement.[1]
Once again, a person whose conviction is expunged may only answer “no” to the question “Have you ever been convicted of a crime?” [1]
If an application inquires into the fact of arrest or asks about criminal dispositions taking place before expungement, one may need to obtain legal advice as to whether the question may legally be asked, and if so, how to answer it.[1]
If a person does ever need to explain the circumstances of an expunged conviction, it is best to handle the explanation in the same way as the expungement hearing before the judge and to be prepared with strong evidence of rehabilitation since the crime occurred.[1]
Despite the limited protection offered by an expungement, successfully setting aside a conviction can go a long way in helping a person have a fresh start in life, whether it be in finding employment or pursuing an education.[1]
--
see
[1]
Current to 01/04/13 [what's this?]
Expunge a Juvenile Adjudication
By Nicholas Roumel
[2]
Updated with
[3]
updated with
