How To Set Aside a Juvenile Record
The law has shifted, and it is now possible to get multiple juvenile adjudications off your criminal history.
There is no room for error in requesting a juvenile expungement because you may not get a second bite at the apple.
As of December 28, 2012, changes were made in Michigan’s juvenile set-aside law, allowing for more than one juvenile offense to be set aside. (MCL 712A.18e). Your best hope of persuading a judge to set aside a juvenile criminal record is with an experienced lawyer with a track record of success.
Who is eligible for set-aside?
- A person that has been adjudicated of not more than three (3) juvenile offenses, of which not more than 1 is for a juvenile offense that is a felony, may seek a set aside of any or all of those adjudications.
- Multiple juvenile adjudications arising out of a series of acts that were in a continuous-time sequence of 12 hours and that displayed a single intent and goal to be one offense if none of the adjudications were an assaultive crime, an offense involving the use or possession of a weapon, of an offense with a maximum penalty of 10 or more years in prison if an adult had committed it.
- Application for set-aside may be made one year after imposition of the disposition or completion of any detention or when the person turns 18 years old – which is later.
- If a person has been convicted of an adult felony, they cannot have any juvenile offense set aside.
- The applicant must wait 1 year from termination of the juvenile court’s jurisdiction.
Many things can make you eligible for a set-aside, a juvenile criminal record. It is a good idea to contact an attorney to help evaluate whether or not you qualify.
You cannot set aside these offenses:
- An adjudication for an offense that would be a felony with a maximum penalty of life in prison if committed by an adult.
- An adjudication for certain traffic offenses that involve the operation of a vehicle and charged under the Michigan Motor Vehicle Code.
- A juvenile offense resulting in a conviction in adult court cannot be set-aside under the juvenile set-aside law (it may qualify under adult law)
Requirements When Applying:
What is required is a complex issue. Many things are essential to provide to a court so the judge can properly evaluate your request. It is best to rely on an experienced Michigan criminal defense attorney’s advice to ensure you have the proper documentation and prepare adequately for the court hearing.
To Set Aside a Juvenile Criminal Record, You Must Provide:
- Full name and current address
- A certified record of the adjudication to be set-aside.
- A statement that the applicant has not been adjudicated of a juvenile offense other than the juvenile offenses eligible to be set aside.
- A statement that the applicant has not been convicted of a felony as an adult.
- A statement about whether a prior application for set-aside has been filed and the court’s decision.
- A statement as to whether any criminal charges are pending in the U.S. or any country.
- Consent to use any nonpublic record from prior set-aside.
What Do You Have to Prove in Court:
- The circumstances and behavior of the applicant from the date of the adjudication to the filing of the application warrant setting aside the adjudications; and
- Setting aside the adjudications is consistent with the public welfare.
There is a high burden to show that you should be allowed to set aside your juvenile conviction. The issues are complex, and your request and the documentation supporting that request must be complete and accurate. If you have an experienced criminal defense attorney assisting you, there will be a higher probability of success.
Frequently Asked Questions about Setting Aside a Juvenile Criminal Record
What does it mean to set aside a conviction in Michigan?
Setting aside a juvenile conviction or adjudication in Michigan is similar to expungement of an adult felony or misdemeanor conviction. Once a juvenile adjudication is set aside, it no longer appears on the person’s criminal history.
How do you get a juvenile conviction set aside in Michigan?
You have to file a compelling Motion before the judge assigned to the juvenile adjudication. Assuming the case is closed, and the original judge might have moved on, a judge is assigned to every case. An experienced lawyer will know how to find out which judge is assigned and available to hear a motion to set aside a juvenile criminal conviction or record.
How do I seal my juvenile record in Michigan?
You cannot get a juvenile record “sealed” in Michigan. On the other hand, setting aside a juvenile conviction or record is possible, resulting in a cleared criminal history. Although the process is different, sealing a conviction and setting it set aside has the same impact on the person’s criminal record.
Can I get my record expunged in Michigan?
It is possible to get a record expunged in Michigan if the applicant is qualified and meets the eligibility criteria. Multiple convictions or adjudications can make the process more complicated.
How do I get my juvenile record expunged in Michigan?
The expungement of a juvenile record is done by filing a Motion to Set Aside Adjudication. The process is very similar to an expungement motion that someone might file to set aside an adult conviction.
Are Michigan juvenile records public?
Yes, generally, juvenile records are public and easy for anyone, including a potential employer or a university, to discover. Consent Calendar is a process in juvenile court that results in a nonpublic juvenile adjudication; however, Consent Calendar resolutions are rare without the help of a very experienced, influential defense lawyer.
Michigan Criminal Defense Attorneys who are experts in juvenile law and setting aside juvenile adjudications (convictions)
The juvenile defense attorneys at LEWIS & DICKSTEIN, P.L.L.C. have decades of experience specializing in criminal and juvenile law. If you have prior juvenile adjudications that are stopping you from reaching your full potential and goals, you should contact our office immediately, and we will find a way to help you.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
