Overview Description

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).

Ineligible Category or Citation

To be eligible to set aside a juvenile record, the person cannot have: (1) more than three juvenile offenses, of which not more than one may be a juvenile offense that would be a felony if committed by an adult, or (2) a conviction for a felony offense. Mich. Comp. Laws Ann. §§ 712A.18e(1), (4)(d). The following offenses cannot be set aside: (1) an adjudication for an offense that if committed by an adult would be a felony for which the maximum punishment is life imprisonment, or (2) an adjudication for a felony or misdemeanor traffic offense. Mich. Comp. Laws Ann. § 712A.18e(2).

Procedure General

 

A petition must be submitted to the adjudicating court or courts. Mich. Comp. Laws § 712A.18e(1).

Multiple adjudications arising out of a series of acts that happened within 12 hours or less and were all oriented toward a certain goal constitutes one offense, provided that none of the adjudications involve an assault, a weapon, or a crime that carries a maximum penalty of 10 or more years.  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(5).

For the specific procedure, see Mich. Comp. Laws § 712A.18e.

Fees

There is a $25 processing fee for a set-aside, due to the Michigan State Police. Mich. Comp. Laws § 712A.18e(6).

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 § 712A.18e(3).

 

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