Obtaining an Expungment: Removing A Criminal Charge from Your Record in Michigan

Posted over 4 years ago. Applies to Michigan, 2 helpful votes

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1

Get the Application from the Original Court

You must receive and complete an application to set aside a conviction or set aside an adjudication from the court where you were convicted along with a certified copy of the judgment of sentence, probation order, or register of actions. The proper form for adults is the MC227 and for juveniles is the JC66.

2

You Must Get Fingerprinted

Go to a Michigan law enforcement agency and ask to be printed on a Michigan Applicant Fingerprint card (RI-8). Complete personal information on the card. Make sure that the place labeled "FBI & State" is marked in block E of the card under "Search Requirements".

3

Submit the Application

Submit the applicant fingerprint card (RI-8), the application form from the court (MC227 or JC66), a certified copy of the judgment of sentence, probation order, or register of actions, and a $50.00 ($30.00 juvenile set aside) processing fee in the form of a money order or check made payable to the State of Michigan. Mail the above information to the Michigan State Police, CRD, Identification Section, P.O. Box 30634, Lansing, Michigan 48913. This must be done via mail. It cannot be done by phone and NO walk-in traffic is allowed. Allow 8 - 10 weeks for processing and mail delivery.

4

Petition the Original Court

Once you have a response from the Michigan State Police, you will have to file a Petition with the Original Court to "Set Aside" the original Conviction. The judge will only consider setting aside a conviction (or a guilty plea) if it has been 5 years since the "final disposition" of your case (such as the last day of probation). The Petition is not a form that is filled out. It is a legal document that must be drafted to explain to the Judge why you deserve a "second chance". Any information you can supply showing that you are a good citizen will help: proof of stable employment; letters from employer or pastor; demonstration of community service, etc. Because this is a Legal Pleading requiring knowledge of the law and the court Rules and Procedures, it is best to have an attorney draft this for you.

5

Attend A Hearing

Once the Original Court recieves the Petition, and all necessary parties have been notified, the Court will schedule a hearing before the original Judge (or the Judge who has taken over that bench). Your attorney will present evidence to the Judge demonstrating why he or she should "set aside" your original conviction. Again, because this is a legal proceeding, it is recommended that you hire an attorney to handle this portion of the process, to ensure that all proper procedures are followed so you receive the best possible outcome.

Additional Resources

Michigan State Police - Obtain Your Record:

Michigan Legislature - Read the Statutes:

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