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Common Questions about Setting Aside Adjudications

Contents

    This is a list of common questions about setting aside juvenile adjudications.

    Questions about Setting Aside Adjudications

    What is an adjudication?

    If a minor is convicted of a crime, it is called juvenile adjudication. If a minor is tried and convicted as an adult, it is a conviction. See the I Have an Adult Criminal Conviction That I Would Like to Set Aside (Expunge) toolkit to learn about getting a conviction set aside.

    What does it mean to set aside a juvenile adjudication?

    If you get your adjudication set aside, you can legally say you have not been convicted of or arrested for a crime on a job or school application. You can also say you have not been convicted of a crime on an application for public benefits or housing.

    The courts and the Michigan State Police (MSP) keep a confidential copy of your adjudication record. An adjudication that has been set aside can be used during sentencing if you are later convicted of another crime.

    How do I get an adjudication set aside?

    Read the article Setting Aside a Juvenile Adjudication to learn about the process of getting an adjudication set aside. Use the checklist at the end of this toolkit as a step-by-step guide.

    Am I eligible to have my adjudications set aside?

    You can only have a juvenile adjudication set aside if certain conditions are met. To learn if you meet those conditions, read the article Can I Have My Juvenile Adjudication Set Aside?

    Are there some adjudications that cannot be set aside?

    Yes. Adjudications for some offenses can’t be set aside. You can’t set aside an adjudication:

    • That was a traffic offense

    • That was a felony that could be punishable by life in prison if you were an adult or

    • If you were tried and convicted as an adult

    If you were a minor convicted as an adult, see the I Have an Adult Criminal Conviction That I Would Like to Set Aside (expunge) toolkit.

    How many adjudications can I set aside?

    You can apply to have up to three adjudications set aside. But, you can only set aside one adjudication that would be a felony if committed by an adult. If you have more than three juvenile adjudications, none of them can be set aside.

    You can’t have any adjudications set aside if you were convicted of a felony as an adult. You can’t have any adjudications set aside if you were adjudicated in another state or in a federal court.

    Adjudications for more than one offense that happened within 12 hours might be counted as a single offense. The offenses cannot:

    • Be an assault or battery

    • Involve the use or possession of a weapon or

    • Be an offense that could be punished with more than 10 years in prison

    How long do I have to wait before I can ask the court to set aside an adjudication?

    You must wait until at least one year after you were sentenced or released from prison, whichever is later. You must also be at least 18 years old.

    How much does it cost to set aside an adjudication?

    There is no fee to file the application, but there are costs for other things you need:

    • Getting a certified copy of your adjudication records: $10 + $1 per page

    • Getting fingerprinted: between $10 and $25

    • Having your application processed by the Michigan State Police: $25 per application

    What happens after my adjudication is set aside?

    If the judge orders your adjudication to be set aside, the court will send a copy of the Order On Application to Set Aside Adjudication to the Michigan State Police.

    If the adjudication is set aside, you will not have to disclose it to potential employers.

    How can I find out who was the prosecutor in my adjudication?

    You can find out who was the prosecuting official in your certified record of your adjudication. It does not need to be the same person. It needs to be the same prosecuting attorney’s office.

    To find the address of the prosecutor see the Michigan Prosecuting Attorney Office Directory. Prosecutors’ offices are organized by county.

    Do I have to go to court for my adjudication?

    Yes. You might be able to file your application by mail, but you must go to court for the hearing. At the hearing, you will explain to the judge why your adjudication should be set aside. The judge doesn’t have to set aside your adjudication. So, it is a good idea to bring evidence to show why your adjudication should be set aside.

    Read the “Going to Court” section of the article Setting Aside a Juvenile Adjudication to learn what you can bring to court to help your case.