EXPUNGEMENT OF CRIMINAL RECORDS AND ARREST RECORDS

PURPOSE OF EXPUNGEMENT  To clear a past criminal record

PURPOSE OF EXPUNGEMENT  To clear a past criminal record  To allow an answer of “No” to the question on all employment applications, “Have you ever been convicted of a felony?”.

SUCCESSFUL EXPUNGEMENT  The chances for a successful expungment rely heavily on The type of crime that was committed Evidence of rehabilitation since sentencing

SUCCESSFUL EXPUNGEMENT  The way to gain expungement Application form Court proceeding to set aside your conviction

EXPUNGEMENT CRIMINAL RECORDS  ADULT

ADULT CRIMINAL RECORDS  Expungment procedure is termed setting aside the conviction  In Michigan this is governed by M.C.L.A

ADULT CRIMINAL RECORDS  CRITERIA Only available to those who have only one conviction (felony or misdemeanor). Expungement is not an an option for any felony conviction for which the maximum sentence is life imprisonment **A sentence of lifetime probation cannot be expunged**

CRIMES THAT CANNOT BE EXPUNGED  First degree murder  Second degree murder  Attempt to murder  Assault with intent to commit murder  Assault with intent to rob and steal; armed  Possession of 1,000 grams or more of a controlled substance  Manufacturing with intent to distribute 1,000 grams or more of a controlled substance  Armed robbery; aggravated assault  Carjacking; sentencing  Bank, safe and vault robbery  Kidnapping  First degree criminal sexual conduct  Second degree criminal sexual conduct  Third degree criminal sexual conduct  Assault with intent to commit criminal sexual conduct

ADULT CRIMINAL RECORDS  Time when you can apply to set aside a conviction to have your record expunged 5 years from sentencing 5 years after release from imprisonment

ADULT CRIMINAL RECORDS  Procedure for expungment Application form (MC227) Requires fingerprinting at local police station ($8.00 fee) You will need a certified copy of the judgment of sentence, probation order, or register of actions from the court where you were convicted Application fee is $50.00

Sending Application Mail the application fee along with the above listed documents to Michigan State Police, CJIC Identification Section 7150 Harris Drive, Lansing, MI

ADULT CRIMINAL RECORDS  Procedure for expungement Court proceeding to set aside your conviction This court proceeding is done with the same convicting court, and the same judge or his successor. You are allowed to apply as many times as necessary as long as you still meet the requirements.

ADULT CRIMINAL RECORDS  Procedure for expungement What is needed at the court proceeding It is good to have an attorney with you to help you demonstrate your level of rehabilitation since conviction, as well as your need for expungement Any documents or letters that can show the court that you are on the right road. Be prepared to submit to a drug screening or any other test the judge might order

ADULT CRIMINAL RECORDS CHANCES FOR SUCCESSFUL EXPUNGEMENT Expungment is a privilege and not a right. It is granted at the discretion of the judge. It is not an automatic that the judge will set aside the conviction therefore all the evidence you have will help

ADULT CRIMINAL RECORDS  Effect Upon gaining expungemnt of a criminal record the record will be deleted with the courts Deleted in public records Maintained in non-public governmental records You will be able to answer “NO” to that all important question, “Have you been convicted of a felony?”

EXPUNGEMENT CRIMINAL RECORDS  JUVENILE

JUVENILE CRIMINAL RECORDS  The procedure for setting aside a conviction for juvenile offenders is very similar to setting aside an adult conviction  In Michigan expungement of a juvenile record is governed by MCL 712A.18e

JUVENILE CRIMINAL RECORDS  Expungement Granted upon A showing of rehabilitation A good cause, i.e seeking employment or need for federal financial aid for college or a trade school, or enlisting in the military The decision is discretionary however, the test for rehabilitation and good cause is more relaxed from the adult standard.

JUVENILE CRIMINAL RECORDS  Criteria Only available to those who have 1 juvenile offense and NO adult felony convictions Expungement is NOT an option for any of the crimes that are punishable by life imprisonment if committed by an adult (All the crimes listed previously in the adult section) Traffic offenses

JUVENILE CRIMINAL RECORDS  Criteria Must be 24, or 5 years after the imposition of the sentence, Can be filed 5 years after completion of any term of detention, whichever occurs later

JUVENILE CRIMINAL RECORDS  The court may at any time for good cause expunge its own records and files pertaining to an offense  The court must expunge the files and records when the person becomes 30 years old.

JUVENILE CRIMINAL RECORDS  Procedure Application Court hearing on application

JUVENILE CRIMINAL RECORDS  Procedure Application You must go to the juvenile court where the conviction took place. There you will find the application for expungment (form JC 33). The original application must be filed with that court. You will need a set of fingerprints from the local enforcement agency ($8.00) to send to the state police.

JUVENILE CRIMINAL RECORDS Mail application, fingerprints, and $30.00 application fee to the state police: Michigan State Police 714 S. Harrison Rd East Lansing, MI Information: (517)

JUVENILE CRIMINAL RECORDS  Procedure Court Hearing on Application State Police must report to the court prior to the hearing The court has to give the attorney general an opportunity to contest setting aside the conviction. You may be required to file affidavits and other proof showing your rehabilitation, and good cause for the conviction to be set aside.

JUVENILE CRIMINAL RECORDS  The decision to set aside the conviction is discretionary in all cases except A conviction for unlawful driving away of an automobile (UDAA) or attempted UDAA. This conviction will automatically be set aside if the applicant follows all the requirements.

JUVENILE CRIMINAL RECORDS  Effect of a successful expungment The court must expunge (delete) its own files, and The court must send an order to expunge to the arresting officer.

EXPUNGEMENT OF ARREST RECORDS ADULT & JUVENILE

ARREST RECORDS  What is considered an arrest record is the fingerprints that are taken when a juvenile or adult is arrested.  The arrest records are maintained for felony and misdemeanor charges.  Maintaining and expunging the arrest record is governed in Michigan by MCL

ARREST RECORDS Who CAN have their arrest records expunged?  A person who is arrested for a crime but not charged under the arrest, and  A person who is arrested and charged, but found not guilty of the crime

ARREST RECORDS  Who CANNOT have their arrest records expunged? A person that was arrested, charged, and then found guilty of the crime under the arrest A person with a prior conviction A person that has been arrested for any of the following crimes:

ARRESTS THAT CANNOT BE EXPUNGED  Committing or attempting to commit a crime against a child under 16  Rape  Criminal sexual conduct in any degree  Sodomy  Gross Indecency  Indecent liberties  Child abusive commercial activities  Traffic offenses

FEDERAL RECORDS If you have committed a federal crime, you can petition for executive clemency. You must file a petition with the Pardon Attorney at the Department of Justice.

FEDERAL RECORDS  The Pardon Attorney does an investigation, consulting persons such as the U.S attorney and judge involved in the case. The Pardon Attorney then makes a recommendation to the President recommending what response to make to the petition. If the petition is granted, the President can pardon the crime, reduce the sentence, or reduce or refund a fee.  These petitions for pardons should not be filed until at least 5 years after conviction or release from confinement.

Federal Records  Factors that are considered before petitions are granted: Conduct, character and reputation of the convict. Seriousness of crime and amount of time that has passed since crime was committed. Acceptance of responsibility for the crime. Need for relief, such as a job requirement. Official recommendation and report of the Pardon Attorney.

Federal Records  Pardons are seldom granted.