Legal Question in Criminal Law in Michigan

Most law libraries will have the statute which contains the information that you would need to draft your petition. If you don't feel qualified to practice law, hire an experienced attorney. Read more at www.AggressiveCriminalDefense.com

The application can be found at http://courts.mi.gov/administration/scao/forms/courtforms/generalcriminal/mc227.pdf

The order the judge will need can be found at http://courts.mi.gov/administration/scao/forms/courtforms/generalcriminal/mc228.pdf

A recent court memo on the latest changes to this process are found at

http://courts.mi.gov/Administration/SCAO/OfficesPrograms/TCS/Documents/TCS Memoranda/TCS-2015-04.pdf

and

http://courts.mi.gov/Administration/SCAO/Resources/Documents/Administrative-Memoranda/2004-12.pdf

Another informational resource you can look at is a section of the Judicial Institute's benchbooks that summarize the process to set aside convictions. Go to http://courts.mi.gov/education/mji/Publications/Documents/Crim-PostTrial.pdf and scroll down to sections 5.6 to 5.16.

While the application is a fill-in-the-blank document, read every line carefully and answer everything truthfully and completely. Follow the process listed in the forms. It is never a bad idea to consult with or hire an attorney to work with you, to make sure you legally qualify to apply for this privilege, to make sure all the hoops have been jumped through, to make sure the paperwork packet is complete and compelling, and to advocate for you with the judge. Many time the blanks in the forms don't tell the whole story about you since your conviction occurred, so don't miss a chance to submit supporting documents.