Michigan: Juvenile Court Records and Law Enforcement Records (MI-AR-1)

Records relating to a juvenile with no more than three juvenile adjudications€š no more than one of those being an offense that would be a felony if committed by an adult€š can be set aside if the person is not subject to a disqualifying event and the court determines that public safety will not be compromised. Mich. Comp. Laws § 712A.18e(1), (9).

Record Detail(s)

Charges adjudicated

Previous Conviction Disqualifying

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Set Aside

Ineligible Category or Citation

The applicant may have no more than three adjudications, and no more than one of which may be for an offense that would be a felony if committed by an adult. See Mich. Comp. Laws § 712A.18e(1).

Procedure General

A petition must be submitted to the adjudicating court or courts. Mich. Comp. Laws § 712A.18e(1). The applicant will submit a copy of the application and two complete sets of fingerprints to the Michigan State Police. Mich. Comp. Laws § 712A.18e(6). For the specific procedure, see Mich. Comp. Laws § 712A.18e.

Fees

A processing fee for a set-aside must be paid to the Michigan State Police. Mich. Comp. Laws § 712A.18e(14). The fee is determined and charged by the department of state police in the same manner as the fee prescribed in the Freedom of Information Act, 1976 PA 442, MCL 15.234(4). Mich. Comp. Laws § 712A.18e(14).

Effect

Upon the entry of an order under this section, the applicant is considered not to have been previously adjudicated. Mich. Comp. Laws § 712A.18e(11). The Michigan State Police retains nonpublic records of the set aside order and the record of the arrest, fingerprints, adjudication, and disposition. Mich. Comp. Laws § 712A.18e(13).

Forms

For information on how to set aside a juvenile record in Michigan, visit this site.

Waiting Periods

A petition can be filed one year after the adjudication of the offense that the applicant seeks to set aside, or one year following the completion of any term of detention for that adjudication, or when the person turns 18, whichever occurs later. Mich. Comp. Laws Ann. § 712A.18e(3).

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