An expungement is used to destroy or seal a criminal record after a certain period of time or when an arrest is unlawful or does not lead to a conviction. In Michigan, adult and juvenile expungements are different. When dealing with adults, the process is referred to as expungement however, when dealing with juveniles , the process is called adjudication. Rules vary from state to state on expungement. In Michigan, the rules about setting aside convictions or expungements for adults can be found in Act 213 of 1965 MCL 780.62 and when dealing with juveniles can be found in Act 288 of 1939 MCL 712A.18e.

For adults, a general run down of the rules for setting aside convictions are as follows:

You may not have your record expunged if you have been convicted of a felony for which the maximum punishment is life imprisonment or an attempt to commit a felony for which the maximum punishment is life imprisonment, a conviction for a violation or attempted violation of section 145c, 145d, 520c, 520d, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.145c, 750.145d, 750.520c, 750.520d, and 750.520g, or a conviction for a traffic offense.

You may apply for an expungement if:

• You have not been convicted of more than one crime or convicted of two or less minor crimes in addition to the crime for which an application to set aside the conviction was submitted
• That it has been 5 years since the end of the probation or sentence
• If it is not drunk driving, murder, rape or a civil infraction or other excluded crime

When dealing with juvenile adjudication in Michigan, the rules are much different according to Act 288 of 1939, Section 712A.18e. The basic rules to qualify for a juvenile expungement include:

• No federal conviction
• No criminal conviction in another state
• No adult felony criminal conviction in Michigan excluding those for which the judgment of guilt has been deferred

These are just a few of the many rules and regulations regarding a juvenile adjudication. Always consult an attorney when dealing with expungements or juvenile adjudications as they can be quite complex.

Bailey Quick Law Are Expungement Attorneys in Gaylord MI

While many states allow and often require that a juvenile record be expunged at a certain age, under most cases, an adult’s record will not be expunged automatically. To have a record expunged, a person will likely have to apply for an expungement. If you believe that your record should be expunged, it is important that you call qualified expungement attorney. Harris Law are expungement attorneys in Gaylord MI . If you live in Gaylord MI and need an expungement attorney, contact Harris Law. Call us at 231.347.4444 or contact us online here for your free consultation.