The word expungement is often used in connection with a proceeding which is really known as an “application to set aside an adjudication or conviction”.
A law, which was passed in Michigan on January 13, 2013, makes it possible for certain juvenile offenses to be set aside. Once set aside, the juvenile record is made non-public and may not need to be disclosed for purposes such as college or employment applications.Eligibility for Juvenile Application to Set Aside Adjudication
Pursuant to the statute, an application to set aside eligible juvenile offenses may be filed 1 year after imposition of the disposition, or 1 year following detention, or when the person becomes 18 years of age, whichever is later. There are several legal requirements which must be satisfied which are mandated by the statute.
ELIGIBLE: Juvenile Offenses Which May Be Set Aside
- Up to 3 eligible misdemeanors, or
- 1 eligible felony and 2 eligible misdemeanors, or
- Multiple offenses (adjudications) constitute 1 offense which arise in a continuous 12 hour time frame with a single intent and goal
INELIGIBLE: Juvenile Offenses Which May Not Be Set Aside
- An assaultive crime as defined by MCL 770.9a (including all CSC offenses)
- An offense involving the use or possession of a weapon
- An offense with a maximum penalty of 10 or more years
- An offense under the Michigan Vehicle Code, or corresponding ordinance
Take Action Now: Getting juvenile adjudications set aside should be considered before applying to college or applying for employment. The process to set aside a case can take several months before a hearing date is scheduled. Strict compliance with the mandatory requirements of Michigan’s juvenile expungement statute is essential. The ABDO LAW FIRM in Macomb County will provide complete legal representation to juveniles or adults who are eligible to take advantage of this law!
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