Legal Question in Criminal Law in Michigan

I live in Texas and am applying for expungment in Michigan. I filled out the Application to Set Aside Conviction but it has to be notarized by a Michigan Notary. Is there another court form to fill out for out of state residents?


Asked on 4/13/17, 8:18 am

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

The form you're using (Michigan State Court Administrative Office form MC 227) has the state pre-printed in it, in all likelihood because 99% of the time the notarization is happening in Michigan. But I have not found anything in the statute through which expungment happens (MCL 780.621) that requires the notiarized signature of the applicant (YOU) to occur inside the boraders of this state or by a person serving as a Michigan notary public. I believe that Michigan's court will accept the application where a duly-authorized notary of the State of Texas confirms that you signed it all under oath. You would then file that paperwork in Michigan, serve it on the Michigan Attorney General and the county prosecuting attorney where the conviction happened. You also have to submit fingerprints to the Michigan State Police; you might need to call them to see if your prints can be done electronically through the Automated Fingerprint Identifying System (AFIS). If so, then you could have your prints done in Texas and that 'scan' transmitted to MSP. Otherwise you would have to come to Michigan to have your prints taken locally for MSP. MSP uses the prints, along w/ the FBI, to determine if you have other convictions or cases. The expunction process is not terribly complicated, but it is "technical" at times, which is why you may be wise to hire an attorney who handles Michigan expunctions so he/she can make sure all the Ts are crossed for you.

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Answered on 4/13/17, 8:58 am
Jared Austin Austin Legal Services, PLC

It doesn't have to be by a Michigan notary. The forms are pre-printed that way because the vast majority of applicants are currently Michigan residents. I've done a lot of expungements for out-of-state residents and I've never had an issue with them having the notary cross out Michigan and write in what ever state they are having it notarized in. I've never had an issue with it yet.

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Answered on 4/13/17, 1:47 pm


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