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NOTE: To view PDF files, you must have Adobe Acrobat Reader 4.0 installed on your computer. To download your free copy from Adobe's web site, click "here". Getting a Juvenile Adjudication RemovedThis section provides general information about getting a juvenile adjudication removed or "set aside." For information about getting an adult criminal conviction removed, see Getting an Adult Criminal Conviction Removed >>. The information provided in the Self-Help Center is not legal advice. The laws of Michigan do not allow the employees of the court or the judge to give you legal advice. You should consult with an attorney concerning legal issues, but you do not need an attorney to get a juvenile adjudication set aside. The following is a brief description about getting a juvenile adjudication
set aside, followed by specific information on processing an application
to set aside an adjudication. "Setting Aside an Adjudication" DefinedSetting aside an adjudication removes a juvenile adjudication from the public record of the Michigan State Police and is sometimes referred to as an expungement. The law that allows a person to apply to have an adjudication set aside provides that the record be made nonpublic so that any criminal record check, made by someone other than those agencies specified in the law, would reveal no adjudication.Conditions for ApplyingA person may apply to have a juvenile adjudication set aside for any offense except: 1) an offense that if committed by an adult would be a felony for which the maximum punishment is life imprisonment; 2) a specified juvenile violation as defined in MCL 712A.2d(9); or 3) a traffic offense or a substantially corresponding local ordinance that involves the operation of a vehicle that at the time of the violation was a felony or misdemeanor. A person may have only one adjudication set aside. A person who has an adult felony conviction cannot apply. A person may not apply until he or she has become at least 24 years
of age and either: 1) 5 years have passed since the disposition of the
adjudication was imposed, if he or she was not detained; or 2) if he
or she was detained as a result of the adjudication, 5 years have passed
since release from that term of detention. Processing StepsThe following information will take you through the steps necessary to get an adjudication set aside. To access any necessary forms, simply click on the form number. To access any of the topics, simply click on the topics.Statutes and Court Rules Using Court Forms How to Begin Serving the Application The Attorney General, the Prosecutor, and Michigan State Police Preparing for the Hearing Attending the Hearing Order Statutes and Court RulesStatutes and court rules associated with setting aside a juvenile adjudication are: MCL 712A.18e, MCR 3.925, and Michigan Court Rules that apply generally to service. See details about service >>.Using Court FormsCourt forms are available for use in a proceeding to set aside an adjudication. These forms follow the procedures stated in the Michigan Compiled Laws and Michigan Court Rules and can be used without the assistance of an attorney. See details on how to find legal information >>. When using forms, you are required to provide the total number of copies for use by the court, the parties, and any other person or organization that must receive the form. See the upper-right hand corner of each form to determine the mandatory number of copies and who must receive those copies. When completing a form on-line, you must print the number of copies you will need for filing with the court and service on the parties. Otherwise, you will have to photocopy the proper number of copies before filing the form with the court. If you do not provide the court with the correct number of copies, the court might reject the form for nonconformance under the authority of Michigan Court Rule 8.119(C). Unless specifically required by court rule or statute, the court is not responsible for making copies of forms for you. Select the application form below. Instructions for completing and processing the form are provided with the form. The order is completed by the court. Make sure you read all the instructions and follow them carefully. Application to Set Aside Adjudication, JC 66 How to BeginCall the court clerk in the court where the adjudication took place to find out the exact date of the disposition and the offense. Complete the application (form JC 66) using this information. You must sign the application before a notary public or the clerk of the court. You must attach a certified copy of the order of disposition to the application. You will need to file the application with the court and get a hearing date, so you can get the certified copy of the order of disposition at that time. There is a $10.00 fee for getting a certified copy of a record plus $1.00 for every page of that record. There is no fee for filing the application with the court.Serving the ApplicationThe application and notice of the hearing date must be served on the Attorney General of the State of Michigan, the prosecuting official of the county or political subdivision that prosecuted the case, and the Michigan State Police. You must also send a fingerprint card and a processing fee with the copy served on the Michigan State Police. Be sure to ask the local law enforcement agency the amount of the application fee. Instructions for getting a fingerprint card are included with the application form. You can either mail or personally deliver the application. Addresses for the Attorney General's Office and the Michigan State Police are provided in the application form. See general information about service >>.The Attorney General, the Prosecutor, and Michigan State PoliceThe Attorney General of the State of Michigan reviews each application to determine whether it qualifies. Both the attorney general and the prosecuting official are given the opportunity to contest (object to) the application at the hearing. In addition, when an application has been filed to set aside the adjudication of that offense, the prosecuting official will notify the victim of any application involving an offense that is considered an assaultive crime or serious misdemeanor when committed by an adult. The victim has the right to appear at the hearing on the application and/or to make a written or oral statement. The Michigan State Police receives the application so that it can prepare a report for the court from its records and the records of the Federal Bureau of Investigation as to any pending charges against you (the applicant). The court cannot act upon your application until the Michigan State Police has submitted its report to the court.Preparing for the HearingThe court will schedule the hearing date for you when you file the application. The hearing cannot be held until the court receives the Michigan State Police report required by MCL 712A.18e(5). Because it can often take a bit of time for the report to be prepared, it will not be uncommon for the court to schedule the hearing to be held on a date several months after you file the application. On the hearing date, any of the following may happen: 1. The prosecuting official and/or a representative from the Attorney General's office may attend the hearing to contest the application. In that case, the court will hear what each has to say before making its decision. 2. If neither the prosecuting official nor the attorney general attend the hearing to contest the application, the court will make its decision based on the report from the Michigan State Police and the court's own records. 3. If the adjudication was for an offense that if committed by an adult would be an assaultive crime or a serious misdemeanor, and the victim of that crime attends the hearing and/or provides an oral or a wirtten statement, the court will consider that statement before making its decision. 4. If you do not appear, the case will be dismissed. When you go to court for the hearing, take with you your copy of the application and a copy of the record of your conviction. Attending the HearingThe hearing will usually take place at the court where the application was filed. It is important for you to be there on time; if you file an application and are not in court when your case is called, the application will be denied. Bring all of your relevant papers.The court clerk will call the case and you will appear before the judge to state your request. The judge will ask the prosecuting official and the representative from the Attorney General's Office, if present, to state any objections. See general information about hearings >>. The court may require the filing of affidavits and taking of proofs. If the judge determines that your circumstances and behavior from the date of your adjudication to the filing of the application warrant setting aside the adjudication, and that setting aside the adjudication is consistent with the public welfare, the court may enter an order setting aside your adjudication. OrderThe court prepares the order after the hearing. The court will provide you with a copy of the order and will send a copy to the arresting agency and the Michigan State Police. Based on the order, the Michigan State Police will continue to maintain your record as either public or nonpublic. If the order granted your request, the record will become nonpublic. If the order denied your request, the record will remain public. |
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