Set Aside a Juvenile Adjudication – Expungement Attorney
A juvenile indiscretion should not be a lifelong anchor on someone’s reputation and character. Setting aside a juvenile adjudication is possible, and we can help get it done.
A Negative Moment In Time Should Not Shape Your Future
One of the most common expressions is “Everyone makes mistakes.” A young person with a lapse in judgment should not have their life forever shaped by that unfortunate moment. At LEWIS & DICKSTEIN, P.L.L.C., our Michigan juvenile expungement attorneys cannot stand by idly and watch our clients’ lives be ruined by some isolated event that occurred when they were under the age of seventeen. Most people do not realize that juvenile adjudications, although not public in Michigan, stay on a person’s record unless they file a motion seeking to set aside a juvenile adjudication.
The Michigan family court’s jurisdiction generally includes youths under seventeen years old who violate any municipal ordinance or Michigan law (felony or misdemeanor). Adjudications within family courts are not criminal convictions, as family court proceedings are civil and not criminal. A juvenile adjudication is quasi-criminal and can have serious collateral consequences on a person’s life (inability to obtain or loss of employment, enter the military, obtain public benefits, and potentially the inability to gain custody of children, etc.). If you set aside a juvenile adjudication, it can open doors someone never even realized were closed.
There is Hope for a Fresh Start if You Set Aside a Juvenile Adjudication
Michigan law allows setting aside a juvenile adjudication for someone meeting all the requirements of the juvenile expungement statute. The applicant must thoroughly convince the judge that:
- they are rehabilitated and
- setting aside the adjudication is in society’s best interest.
Convincing a judge that a petitioner meets these very high standards is challenging; however, our attorneys successfully move to set aside adjudications consistently and regularly.
The expert criminal defense attorneys with LEWIS & DICKSTEIN, P.L.L.C. have taken years to craft and perfect a highly persuasive and effective system. Over two decades, we have successfully helped countless clients go forward with clean criminal histories because we maximize their chances of having a much-deserved second chance. If you represent yourself or hire a discount lawyer and lose, it will be twice as hard and expensive to try again. Success on a subsequent Motion to Set aside a Juvenile Adjudication following a loss is difficult and complex. Do not trust your fate to the lowest bidder.
Do You Qualify for a Juvenile Expungement?
To have an adjudication made nonpublic, you must meet certain conditions. We offer a free consultation to determine your eligibility. Our attorneys will ask you:
- Do you have a federal conviction?
- Do you have a criminal conviction in another state?
- Do you have a felony adult criminal conviction in Michigan, excluding deferred judgments of guilt?
- Were you adjudicated of an offense that would be a felony for which the maximum punishment is life imprisonment if committed by an adult?
- Were you adjudicated of a specified juvenile violation as defined in MCL 712A.2d(9)?
- Is the adjudication a traffic offense under the Michigan Vehicle Code or a similar local ordinance?
- Are you less than 24 years of age?
- Has it been less than one year since the disposition of your adjudication, or if the judge sentenced you to detention, has it been less than five years since you were released?
We can help you determine how to expunge or set aside a juvenile felony or misdemeanor adjudication. We can discuss your prior record, develop your best options, and determine the path that puts you on the best and fastest route to clearing your criminal history.
General Guidelines for Eligibility to Set Aside a Juvenile Adjudication
Here are the requirements to set aside a juvenile adjudication:
- you must be at least 18 years old
- at least one year from the disposition date or release from detention, whichever is later
- you must have no more than three (3) juvenile adjudications
- you must have no more than one felony adjudication
- no convictions for offenses punishable by up to life in prison
- no federal convictions
- no felony convictions outside of Michigan
- multiple convictions occurring within 12 hours might be considered one offense if none of the offenses was assaultive, no weapons were involved, and the crime has a statutory maximum of 10 years or less.
The juvenile set-aside law is complex and frequently changes. Call LEWIS & DICKSTEIN, P.L.L.C. for a free consultation so that an experienced defense lawyer can determine if you are eligible.
Not Easy, But We will Fight to Win Every Juvenile Expungement
The Michigan Attorney General will review your application to set aside a juvenile adjudication and your criminal history report. An Assistant Attorney General will determine whether the State of Michigan will oppose the application. The county prosecuting official will also review your application and criminal history record and have an opportunity to object. When the government opposes a motion to set aside our client’s juvenile conviction, LEWIS & DICKSTEIN, P.L.L.C. will do whatever is necessary to overcome any factual or legal objection to obtain the juvenile expungement.
Setting aside an adjudication (MCL 712A.18e) removes a Michigan juvenile adjudication from the public record maintained by the Michigan State Police and the court. People sometimes refer to a Motion to Set Aside a Juvenile Adjudication as an expungement. A Michigan juvenile adjudication that has been made nonpublic through a court order setting aside that adjudication is still available to a court, a law enforcement agency, some licensing agencies, and certain other government agencies specified in the law. If you are convicted of a crime after a previous adjudication was made nonpublic, the prosecution can use the nonpublic record to increase your criminal sentence.
Invest in Your Future
Hiring a top expungement lawyer may be the best investment you ever make. The benefits include, but are not limited to, indicating that you have no convictions on a job application, eligibility for student loans, housing assistance eligibility, professional licenses and certificates, and no fear when someone does a public background check. A juvenile expungement eliminates all public records of a felony or misdemeanor adjudication. A defense lawyer with a track record of success knows that careful preparation is one of the keys to setting aside a juvenile adjudication.
Don’t let a criminal conviction be a black cloud hanging over your life. Suppose you successfully set aside a juvenile felony or misdemeanor adjudication on your record. In that case, you will have the opportunity to have a fresh start and a whole new set of opportunities that were not previously available to you. Hiring a criminal defense attorney is an unfortunate but necessary expense to give yourself the best chance at winning.
Get You The Second Chance You Deserve
The juvenile defense attorneys at LEWIS & DICKSTEIN, P.L.L.C. have represented clients throughout Oakland County, Macomb County, Wayne County, Livingston County, Washtenaw County, and other counties throughout Michigan. Don’t let your mistakes as a juvenile affect your future as an adult. Our highly experienced attorneys can assist you with having your juvenile adjudication set aside. If you are interested in getting a juvenile adjudication off your record, we are in a great position to help you. Every case is different. You deserve to speak to a Michigan Criminal Attorney who will take the time to give you a free consultation and determine if you are eligible for relief and the best options available to you.
Other Expungement Topics to Explore
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
Where a Motion to Set Aside Adjudication Should Be Filed
Lawyers file motions to set aside juvenile adjudications in the Oakland County Circuit Court, 1200 N. Telegraph Road, Pontiac, MI 48341. Macomb Cases are filed in the Macomb County Circuit Court, located at 40 N Main St, Mt Clemens, MI 48043. Washtenaw County motions are filed in the Washtenaw County Circuit Court located at 101 E Huron St, Ann Arbor, MI 48104. Each county in Michigan has a court that addresses these motions. The secret to winning is a lawyer with specific knowledge of the judges and what particular things they find essential to grant a motion.