Legal Question in Criminal Law in Michigan

lawerys

I have been locked up for five years and i am in a juvenile treatment facility and i am wondering i can get my case ecsponged?


Asked on 6/29/07, 10:10 am

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: lawerys

You are currently in a juvenile detention facility? So, you are still under the juvenile court's jurisdiction?

And what are you adjudicated for (what crime?)?

There are technical eligibility requirements for setting aside adjudications (expungments). You should consult with a lawyer who handles these actions to make sure you are eligible, and comply with all the required procedures.

Some rules are basic:

* You cannot set aside an adjudication that you are currently on probation for.

* You can only have 1 adjudication (the one you're trying to set aside); if you have more than one misdemeanor or felony adjudication, the court is not supposed to set anything aside.

* the adjudication cannot be for a "life felony", or a motor vehicle code violation

* you also have to wait 5 years after the disposition hearing, 5 years after you completed any term of detention, or 5 years after you turn 24 yrs old .. whichever occurs LATER.

In addition to consulting with an attorney who handles these kinds of motions, you should also look at Chapter 25 of the Michigan Judicial Institute's bench book on Juvenile Justice, pages 509-516. (You can get it for free on the internet at http://courts.michigan.gov/mji/resources/jjbook/25Records.pdf).

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Answered on 6/29/07, 11:16 am


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