Michigan: Juvenile Court Records and Law Enforcement Records (MI-AR-3)

Records relating to a prostitution-related offense will be set aside if the person committed the offense as a direct result of being a victim of human trafficking and is not subject to a disqualifying event. Mich. Comp. Laws § 712A.18e(10)(b).

Record Detail(s)

Human trafficking offenses

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Set Aside

Ineligible Category or Citation

The destruction of biometric data do not apply to a person arraigned for the offenses listed in 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

There is a processing fee for a set-aside, due to the Michigan State Police. Mich. Comp. Laws § 712A.18e(6).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). MCLS § 712A.18e(3).

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 termination of jurisdiction. Mich. Comp. Laws § 712A.18e(3).

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