Legal Question in Criminal Law in Michigan

Re: getting case sealed/ expungement

There is a process laid out in the court rules for trying to set aside a conviction (which people commonly call expungment). You can search the Q&A database at lawguru.com for past questions and answers on this topic (which crops up every week).

The process includes filing a petition with the court where you were convicted and sending the same to the prosecutor and Atty General and MSP, sending fingerprints to the Michigan State Police, etc. You have satisfioed the 5 yr waiting period, at least. Also, this must be your only criminal conviction/adjudication anywhere (including minor traffic misdemeanors). If you have any other misdemeanor or felony conviction, then you cannot set aside any of them.

I recommend that you have an attorney help you to make sure that you have followed the correct procedure, especially re: juvenile delinquency cases. There are differences in the process re: juvie and adult cases. One problem that you might have is that you were adjudicated for CSC 1st, not one of the lower degrees of CSC. CSC 1st is a "life felony" in adault court, and you are not allowed to set aside an adjudication for an offense that would be a life felony for an adult.

Read up on this topic at http://courts.michigan.gov/mji/resources/jjbook/25Records.pdf (section 25.16). Section 25.16.A lists offenses you cannot set aside.

Re: getting case sealed/ expungement

Were you convicted as an adult or as a juvenile? Juvenile records are sealed.