Generally stated, if you are convicted of a crime in Michigan as a minor and you were not charged as an adult, that conviction is called a "juvenile adjudication." Expungement or setting aside an adjudication - as it is called in Michigan - clears the adjudication from your juvenile record. There are many reasons to set aside a juvenile adjudication -- job searches, professional licenses, and starting a family are just a few examples. Although a juvenile adjudication is not to be confused for a criminal conviction; however, employers and licensing entities may hold it against you as a disqualifier. The best way to prevent this unfortunate situation from occurring in your future is to pursue an expungement of your prior adjudication.
In order to be eligible for a juvenile expungement you must meet certain criteria, explained below:
You cannot apply for a juvenile expungement until at least one year after you were given a disposition or released from detention, or become 18 years old, whichever is later. You can have up to three (3) adjudications set aside.
Only one adjudication set aside can be a felony if an adult had committed the same offense. If you have more than three (3) adjudications, or more than one felony, none of your adjudications can be set aside.
Offenses that occurred within 12 hours and show a single intent, or goal, might be able to be counted as one offense. For it to count, none of the offenses can be assaultive, involve the use or possession of a weapon, or carry a maximum punishment of more than 10 years in prison.
A traffic offense adjudication, a felony that would be punishable by life in prison for an adult, or an adult felony conviction cannot be set aside.
An Application to Set Aside an Adjudication must include the following information and be signed under oath by the person seeking to set aside their adjudication:
Full name and current address of applicant;
A certified record of the adjudication that is to be set aside;
A statement that the applicant has not been adjudicated for any other juvenile offense, other than the one(s) sought to be expunged;
A statement that the applicant has not been convicted of a felony;
A statement as to whether the applicant has previously filed an application to set aside the current or any other adjudications, note if you had previous adjudication you must provide a disposition of the application;
A statement about any criminal charge(s) pending against the applicant, if applicable; and
Acknowledged consent for the State of Michigan to use a nonpublic record of your adjudication for certain specific purposes, such as licensing as a law enforcement officer in Michigan or for consideration by law enforcement should you be prosecuted for an alleged crime in the future.
Having adjudications set aside can be a difficult process, especially if they are in multiple courts or there is a complicated history. To ensure that you and/or your loved one receive the best outcome in the application/expungement process, you need an experienced expungement lawyer. This is where Spencer can help. Please do not hesitate to contact him today.