When a child who is a minor gets a criminal conviction, parents are many times concerned that the future of their child is forever ruined because of one bad choice. Parents of children with Juvenile Records feel that their child will never be able to go to college and not find a job when they become adults. In Michigan, courts will in many instances seal Juvenile records that deal with criminal activity. This means the information about the crimes committed by a youth are not public record.
What Crimes can be Seal and What Crimes Can't be Sealed
Under Michigan law a juvenile can have the court seal or “set aside” their criminal record as long as the youth
- Did not commit an excluded offense as detailed below
- Has no felony conviction
- Has fewer than three juvenile convictions
- Has waited at least a year since serving a court-ordered sentence and/or has reached 18 years old (whichever is later)
The court is not allowed to seal the following offenses:
- Misdemeanor or felony traffic offenses
- Offenses that would result in at least ten years in prison if an adult received the conviction
- An offense where another person was physically assaulted or where there was a use of a weapon.
What Does The Application Process Include
An Juvenile starts the application process by asking the Michigan State Police for a document that contains their current address, their name, a record of an adjudication and evidence that they have no other pending offenses in Michigan or anywhere else. The application must also include if they have asked for this conviction to be sealed before and if the court is ok with this crime becoming a nonpublic record. Finally, the person must submit the required fee and get their fingerprints taken care of.
The Hearing And The Determination
After the application is submitted to the court, there will be a hearing set. The prosecutor of the case and the Michigan Attorney general will be given the chance to contest or say they have no objection to the record being sealed. The Judge will then look over the evidence and decide if setting aside the record is the right thing to do and if doing so would not endanger the public safety and welfare.
If the court does seal the record, it would be illegal to share that information except in very limited circumstances. A person can truthfully say they have never committed a criminal offense!