Legal Question in Criminal Law in Michigan
juvenile record
Is it necessary to expose a defendant's previous juvenile record which has been sealed and expunged to the probation office for its pre-sentencing report to the judge in a current case?
3 Answers from Attorneys
Re: juvenile record
Thank you for your question. It is unclear to me whether your question concerns a proceeding in Minnesota or Michigan. Since I am licensed in Minnesota, and not Michigan, I can only address circumstances in my state.
You suggest the record was both sealed and expunged. These are two different things, and have different consequences. A sealed record could certainly be obtained by probation and the court. A record that has been expunged could, however, be an entirely different matter. Strictly speaking, expungement literally removes the record of the prior offense and restores the defendant to a conditition that would have existed had there never been a conviction. Despite that, you need to be aware that the court has fairly broad latitude to consider a wide variety of facts when it imposes a sentence, although the Supreme Court has just placed some limits on the use of certain types of evidence at sentencing hearings.
More detail, including the jurisdiction in which this issue is raised, would be necessary to evaluate the matter. If you (presuming you are the defendant)has an attorney representing you in that matter, the question should be addressed to him or her. This is ordinarily a matter about which there can be considerable argument. Good luck.
Re: juvenile record
Yes.
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