Preparing To Set Aside a Juvenile Criminal Record

 

As of December 28, 2012 changes were made in Michigan’s juvenile set-aside law, allowing for more than one juvenile offense to be set aside. (MCL 712A.18e)

 


Who is eligible for set-aside?

 

• A person that has been adjudicated of not more than 3 juvenile offenses, of which not more than 1 is for a juvenile offense that is a felony may seek a set-aside of any or all of those adjudications.

• A person that has been adjudicated of not more than 3 juvenile offenses, of which not more than 1 is for a juvenile offense that is a felony may seek a set-aside of any or all of those adjudications.

• Multiple juvenile adjudications arising out of a series of acts that were in a continuous time sequence of 12 hours and that displayed a single intent and goal to be 1 offense, if none of the adjudications were an assaultive crime, an offense involving the use or possession of a weapon, of an offense with a maximum penalty of 10 or more years in prison if it had been committed by an adult.

• Application for set-aside may be made one year after imposition of the disposition or completion of any detention, or when the person turns 18 years old – which is later.

• If a person has been convicted of an adult felony, they are not eligible to have any juvenile offense set aside.

 

There are many things that can make you eligible for a set-aside a juvenile criminal record. It is a good idea to contact an attorney to help evaluate whether or not you qualify.

 


These offenses can NOT be set aside:

 

An adjudication for an offense that if committed by an adult would be a felony with a maximum penalty of life in prison.

An adjudication for certain traffic offenses that involve the operation of a vehicle if the offense was written under the Michigan Motor Vehicle Code.

A juvenile offense resulting in a conviction in adult court cannot be set-aside under the juvenile set-aside law (it may qualify under adult law)

 


Requirements When Applying:

 

What is required is a complex issue. There are many things that are important to provide to the Court so it can properly evaluate your request. It is best to rely on the advice of an experienced Michigan criminal defense attorney to make sure you have the proper documentation and are properly prepared before you appear before the Court.

 


You must provide:

 

• Full name and current address

• Certified record of the adjudication to be set-aside.

• Statement that the applicant has not been adjudicated of a juvenile offense other than the juvenile offenses eligible to be set aside.

• Statement that the applicant has not been convicted of a felony as an adult.

• Statement as to whether a prior application for set-aside has been filed, and the court’s decision.

• Statement as to whether there are any criminal charges pending in the US or any country.

• Consent to use any nonpublic record from prior set-aside.

What must be proven in Court:

• The circumstances and behavior of the applicant from the date of the adjudication to the filing of the application warrant setting aside the adjudications; and

• Setting aside the adjudications is consistent with the public welfare.

 

There is a high burden to show that you should be allowed to have your juvenile conviction set aside. The issues are complex and it is important that your request and the documentation in support of that request are complete and accurate. There will be a higher probability of success if you have an experienced criminal defense attorney assisting you.

 


Michigan Criminal Defense Attorneys that are experts in juvenile law and set-asides of convictions

 

The attorneys at LEWIS & DICKSTEIN, P.L.L.C. have decades of experience specializing in the criminal law, and juvenile law in particular. If you have prior juvenile adjudications that are possibly stopping you from reaching your full potential and goals, you should contact our office immediately at (248) 263-6800 or complete a Request for Information Form and one of our attorneys will contact you.

 

Lewis & Dickstein, P.L.L.C.

“We Are Not Afraid to Win”