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Setting Aside an Adult Conviction
Setting Aside a Juvenile Adjudication

 

Setting Aside an Adult Conviction

Is there anything I can do to clear my record of a conviction?

Yes, you might be able to have your conviction set aside. If you are able to set aside your criminal conviction, it is treated the same as if that conviction never occurred. Therefore, on housing or job applications, when asked whether you have ever been convicted of a crime, you can answer “no.”

Where can I find information on getting a record set aside?

http://www.legislature.mi.gov/(S(nf1uqjfbfentrz45to1lzh55))/documents/mcl/pdf/mcl-Act-213-of-1965.pdf

How can I determine whether or not I qualify to have my record set aside?

The ability to expunge a conviction from your record is governed by statute. (Look over the Application to Set Aside Conviction. This document walks you through whether or not you would qualify to petition the court to have your record set aside.)

Should I hire an attorney to help me with this process?

Absolutely! If at all possible hire an attorney, because you have to wait 3 years to apply to have a conviction set-aside if the set-aside application has previously been denied.

Are there some criminal convictions that CANNOT be set-aside?

The type of crime for which you were convicted does matter in determining whether or not you will be able to have it set it aside. There are certain crimes or offenses which cannot be cleared from a record. It is important to consult an attorney to see what the law will and will not allow.

Can a 4th degree CSC be set-aside?

Yes, as long as the conviction was prior to 1/14/2015, and you meet the criteria for a set-aside. 4th degree convictions after 1/14/2015 CANNOT be set-aside.

Where do I go to get my conviction set-aside?

Your application to set aside your conviction must be filed with the same court in which your conviction was entered. Thus, if you were convicted in the 17th Circuit Court, you must file your application with the 17th Circuit Court. You can contact the court clerk to determine the exact date of your conviction and the exact crime/charge for which you were convicted.

How do I go about trying to get my conviction set-aside?

You must complete, and file with the court in which the conviction occurred, an Application to Set Aside Conviction (Michigan Approved Court Form MC- 227). The second page of the court form has complete instructions that must be followed.

Where else can I obtain the form?

You can also pick up this form at the court clerk’s office, or possibly at your local public library.

What happens after I file my application with the court?

Once you have filed your application and the court determines that everything is in order a hearing will be set. At this hearing, you will be questioned by the “People” represented by the prosecuting attorney. The victim(s) of your crime may also be notified of your application and have the right to be present at this hearing as well.

Am I entitled to be represented by counsel at this hearing?

You can appear at this hearing as your own attorney or hire counsel to represent you. There is no right to court appointed counsel for you at this hearing. It may be wise for you to hire an attorney to represent you in this process since there is so much at stake.

If my application is denied can I try again at a later date?

Yes! But you will be required to wait 3 years before applying again.

As long as my application is complete and I attend the hearing, do I have the right to have my conviction set-aside?

No. Setting aside a conviction is a privilege and not a right. The court will look at your circumstances and behaviour during the period between the date of your conviction and the time you filed your application for a set-aside. If the court determines that circumstances warrant setting aside your conviction, and that so doing would be consistent with public welfare, it may enter an Order Setting Aside the Conviction.

If my adult conviction for a registerable offense is set aside am I still required to register?

Yes… the law currently requires anyone who has had their conviction set aside to continue to register. If a registrant notifies The Michigan State Police in Lansing that their record has been set aside they will make note of that on the registrant’s website page.

 

Setting Aside a Juvenile Adjudication

Is there anything I can do to clear my record of a juvenile adjudication?

Yes. If you have been adjudicated of not more than 3 juvenile offenses (not more than 1 for a juvenile felony offense) you may submit an application requesting a set-aside of any or all of the offenses.

Where can I find information on getting a juvenile adjudication set-aside?

The juvenile adjudication set-aside law can be found at MCL 712A-18e. Also, check out the brochure “Preparing to Set-Aside a Juvenile Criminal Record” for valuable information on the process.

How can I determine whether or not I qualify to have my adjudication set-aside?

A form, which walks an applicant through the juvenile adjudication set-aside process and helps determine whether or not an individual qualifies for the set-aside of adjudication(s), can be found at Application to Set Aside Adjudication and Order.

Should I hire an attorney to help me with this process?

Definitely! It is highly recommended that you consult and hire an attorney knowledgeable in juvenile set-aside law. They can determine eligibility and guide you through the process.

Are there some adjudications which cannot be set aside?

Yes. An adjudication for an offense that if committed by an adult would be a felony punishable by up to life in prison cannot be set-aside. Certain traffic offenses cannot be set-aside. A juvenile offense resulting in a conviction in adult court cannot be set-aside under juvenile set-aside law.

How long do I have to wait to try to get an adjudication set-aside?

One year after the imposition of disposition or completion of any detention, or when you turn 18… whichever occurs later.

If I also have an adult felony conviction can I still get my juvenile adjudications set-aside?

No. Having an adult felony would make you ineligible for a juvenile adjudication set-aside.

Where do I go to get my adjudication set-aside?

Your application to set-aside your juvenile adjudication(s) must be filed in the court where you were first adjudicated. You can contact the court clerk to determine the exact date of your adjudication(s) and the exact crime/charge for which you were adjudicated.

By law, what do I need to prove in Court?

That your circumstances and behavior from the date of the adjudication to the filing of the application warrant setting aside the adjudications(s), and that setting aside the adjudication(s) is consistent with the public welfare.

What else would the court want to see/hear when making its decision?

As many positives in your life as possible, keeping your record clean, if you have maintained employment, how the criminal record is holding you back, character reference letters (teachers, employers, clergy, friends, family, etc), if you successfully completed treatment, possibly a current psychological assessment, etc. Anything to show that you have grown and matured since the adjudication would be important to the court.        

Will there be a hearing?

Yes. After receiving the application the court will set a hearing date. It is very important to be at this hearing, and have all required information ready to go.

If I get an adjudication set-aside which was for a registerable offense, will I still be required to register?

NO! If you are successful getting a registerable adjudication set-aside you will be released from registration requirements after the Michigan State Police Sex Offender Registry Unit receives a copy of the disposition. Your attorney should send a copy of the final disposition to them. Make sure to follow-up on this to be certain you have been removed.

If my application for a set-aside is denied, can I apply again at a later date?

Yes, but make sure to keep your record clean and strive to do positive things with your life… then apply again in a couple of years.