Many people think that if you were convicted of a crime as a juvenile, that crime will not be on your record. However, many times that is not the case and these convictions will still appear on a background check. Thankfully, the juvenile expungement statute is somewhat more lenient than that for adults (although the adult statute has recently changed to include the concept of exempt minor offenses). Under MCL 712A.18e, a person who has been adjudicated of not more than 1 juvenile offense that would be a felony if committed by an adult and not more than 3 juvenile offenses, of which not more than 1 may be a juvenile offense that would be a felony if committed by an adult and who has no felony convictions may file an application with the adjudicating court or adjudicating courts for the entry of an order setting aside the adjudications. A person may have only 1 adjudication for an offense that would be a felony if committed by an adult and not more than 2 adjudications for an offense that would be a misdemeanor if committed by an adult or if there is no adjudication for a felony if committed by an adult, not more than 3 adjudications for an offense that would be a misdemeanor if committed by an adult set aside under this section. Multiple adjudications arising out of a series of acts that were in a continuous time sequence of 12 hours or less and that displayed a single intent and goal constitute 1 offense provided that none of the adjudications constitute any of the following:
- (a) An assaultive crime as that term is defined in subsection (7).
- (b) An offense involving the use or possession of a weapon.
- (c) An offense with a maximum penalty of 10 or more years imprisonment.
This means you are eligible if you have 1 juvenile offense which would have been a felony as an adult, and not more than two equivalent misdemeanors, and no felony convictions. You are also eligible if you have three juvenile offenses that would be the equivalent of misdemeanors.
Just as with the adult expungement statute, some exceptions apply including:
- 1) The offense cannot be punishable by life in prison if it were the adult version of the crime;
- 2) You can’t expunge traffic offenses;
To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.