A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 18e of chapter XIIA (MCL 712A.18e), as amended by 2020 PA 361.
The bill primarily aims to provide a legal mechanism for individuals with juvenile adjudications to have certain offenses set aside. Specifically, it allows individuals with no more than one juvenile offense that would be a felony if committed by an adult and up to three juvenile offenses (with no more than one being a felony) to apply for an order to set aside these adjudications. However, it excludes offenses involving assault, weapons, or those with a maximum penalty of ten or more years of imprisonment. Additionally, the bill prohibits setting aside adjudications for offenses that would be life-imprisonment felonies if committed by an adult and convictions under Section 2d of the same chapter.
The application process requires a one-year waiting period post-termination of jurisdiction and must include detailed personal information, certified records, and statements regarding the applicant's criminal history. The Department of State Police is tasked with fingerprint comparisons and reporting to the court, which must wait for this report before proceeding. The bill also mandates notification to the Attorney General and relevant prosecuting attorneys, who have 35 days to contest the application. Victims of certain offenses are also to be notified and given the opportunity to participate in the proceedings.
The court has the discretion to set aside adjudications if it finds the applicant's behavior and circumstances warrant it and if it aligns with public welfare. Special provisions are made for individuals who have completed the Michigan Youth ChalleNGe Academy program. The bill also stipulates that setting aside an adjudication is a privilege, not a right, except in cases involving human trafficking victims.
Upon setting aside an adjudication, the individual is generally considered not to have been previously adjudicated, with some exceptions for fines, civil actions, and subsequent legal proceedings. The Department of State Police must maintain a nonpublic record of the set-aside adjudications, accessible only to specific entities for defined purposes, such as licensing, law enforcement employment, and sentencing for subsequent offenses. This nonpublic record is exempt from disclosure under the Freedom of Information Act, and unauthorized disclosure of set-aside information is a misdemeanor.
The bill specifies that traffic offense adjudications set aside under this section will not be removed from the applicant's driving record. The act will take effect 90 days after its enactment into law.
Co-sponsored by Reps.
Referred to the Committee on Judiciary
