GET RID OF CRIMINAL RECORD UP TO THREE CRIMES, NEW LAW, THEN GET JOB, SCHOOL OR MILITARY. 235-1970


DO YOU OR A FAMILY MEMBER HAVE A COUPLE OF CRIMINAL CONVICTIONS MAKING IT HARD TO GET A JOB ,INTO A COLLEGE OR THE MILITARY?
Presented here,12/31/12/ by Flint Attorney Terry R. Bankert 810-235-1970, terry@attorneybankert.com, , http://www.attorneybankert.com
——————-
On 12/30/2012 Governor Snyder signed into law an amendment to section 18e of chapter XIIA (MCL 712A.18e), as amended by 1996 PA 257. by Flint Attorney Terry R. Bankert 810-235-1970
see:http://www.abc12.com/story/20467852/new-law-makes-it-easier-to-erase-juvenile-crimes

This allows a person to have set aside more than one criminal conviction. This process is called expungement. Prior to this amendment a person was limited to one crime that could be expunged. Having your criminal record become important when applying for a job, the military of college and certain programs and funding sources. A tremendous burden has been taken from those that when young crossed the law and paid their penalty. As an adults they now can move on with their life.

Generally this new law , allows a person who has been sentenced to not more than 1 juvenile offense that would be a felony if committed by an adult and not more than 3 juvenile offenses total, of which not more than 1 may be a juvenile offense that would be a felony if committed by an adult and who has no adult felony convictions may file a petition with the courts that gave them the sentence for the entry of an order after a proper motion and hearing and complying with all portions of this law to set aside the juvenile sentences..

A citizen may have only 1 juvenile sentence for an offense that would be a felony if committed by an adult and not more than 2 sentences for an offense that would be a misdemeanor if committed by an adult. A total of three juvenile acts can be expunged.

If there has never been a sentence in juvenile court for an act that would be a sentence to a felony if committed by an adult, not more than 3 sentences for an offenses that would be a misdemeanor if committed by an adult can set aside . Another way that three juvenile acts can be set aside.

If there were multiple sentences from one act they can be counted as just one with limitations. Multiple sentences arising out of a series of acts that were within 12 hours or less and that displayed a single intent and goal constitute 1 offense provided that none of the adjudications constitute any of the following:

(a) An assaultive crime as that term is defined in subsection .

(b) An offense involving the use or possession of a weapon.

(c) An offense with a maximum penalty of 10 or more years imprisonment.

There are offense sentences that cannot be expunged or set aside. A person shall not apply under this law to have set aside, and a judge shall not under this section set aside, any of the following:

(a) A sentenced for an offense that if committed by an adult would be a felony for which the maximum punishment is life imprisonment.

(b) A sentence for a traffic offense under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a local ordinance substantially corresponding to that act, that involves the operation of a vehicle and at the time of the violation is a felony or misdemeanor.

(c) A conviction under section 2d of this chapter. This subdivision does not prevent a person convicted under section 2d of this chapter from having that conviction set aside as otherwise provided by law.

Juvenile orders for financial payments will remain in effect. For instance order of disposition placing a juvenile in or committing a juvenile to care outside of the juvenile’s own home and under state, county juvenile agency, or court supervision shall contain a provision for reimbursement by the juvenile, parent, guardian, or custodian to the court for the cost of care or service. [

Before a person had to wait three years until after completion of their sentence now they only have to wait one year. A legal petition under this law shall not be filed until the expiration of 1 year following imposition of the disposition for the sentence that the applicant seeks to set aside, or 1 year following completion of any term of detention for that sentence, or when the person becomes 18 years of age, whichever occurs later.

Many young people cross the law. We now have responsibly changed the law so the crimes of our youth are truly forgiven.

—–notes—–
Gov. Rick Snyder has signed a bill to make it easier for people to wipe juvenile crimes off their record. [1] Governor Snyder approved 2011 PA 64, which amends a 46-year old Michigan law limiting courts to setting aside only one criminal conviction for one charge.[2]

The new law will allow people to go to court to erase up to three offenses a year after the case is closed, instead of five years. The old law allowed only one offense to be expunged. [1]

[A]ndividual [under the new law can]… petition the court to set aside a juvenile offense that might prove a barrier to move forward in life. The petitioner would be eligible to set aside one or more juvenile adjudications so long as he or she had three or fewer convictions, and not more than one of the three was a felony. [4]

“People who have turned their lives around find it difficult, if not impossible, to advance in life,” said Haveman, R-Holland. “Saddled with a juvenile record, now-responsible citizens are blocked from joining the military, going to college and finding employment. They have cleaned up their lives, but their past prevents them from moving forward.” [4]

The bill, sponsored by state Rep. Joe Haveman, R-Holland, was easily approved in the Michigan House and Senate before the Legislature’s recent adjournment.[1]

House Resolution No. 254.
A resolution to declare May 2012 as Criminal Consequence Awareness Month in the
state of Michigan.

Whereas, A criminal record can have a devastating impact on a person’s ability to earn a
livelihood and often is unable to be expunged; and

Whereas, Those who engage in criminal activity often fail to realize that there are often
unforeseen and very severe consequences to their actions; and

Whereas, There are also many collateral consequences as a result of engaging in criminal
behavior including loss or restriction of a professional license, ineligibility for public funds
including welfare benefits and student loans, loss of voting rights, ineligibility for jury duty, and
deportation for immigrants, including those who, while not U.S. citizens, hold permanent
resident status;[3]

Michigan’s new law gives judges the ability to expunge a person’s criminal record even if there are up to two additional minor offenses on it. “Minor offenses” are misdemeanors or ordinance violations for which the maximum permissible punishment does not exceed 90 days and/or $1,000 in fines, and the person was at the time of conviction not more than 21 years old.[2]

Before applying for an expungement under this law, one must wait at least 5 years from the date of sentencing or completion of confinement, whichever is later. Certain crimes, such as murder, rape, and traffic offenses are not eligible for expungement.[2]

The amendment is intended to help those who may have been convicted of a minor traffic or other minor offense when young and yet later is convicted of a misdemeanor or felony to still apply to have that later offense expunged. The law recognizes that a conviction can negatively affect one for a lifetime.[2]

Haveman says the new law will help people who made bad decisions at a young age and are facing barriers to college, employment or the military.[1]

“The national trend is shifting from treating juvenile offenders more harshly to putting an emphasis on rehabilitation, and this bill makes it easier for youth who have demonstrated change to clear their records,” Haveman said. “This simply makes it easier for deserving youth to put their pasts behind them and get on with life and become productive members of society.”[4]

STATE OF MICHIGAN

96TH LEGISLATURE

REGULAR SESSION OF 2012

Introduced by Reps. Haveman, Bumstead, Hooker, Heise, Kurtz, Genetski, Lipton, MacMaster, Wayne Schmidt, Opsommer, Foster, Pettalia, Muxlow, Shirkey, Lori and Jackson

ENROLLED HOUSE BILL No. 5600

AN ACT to amend 1939 PA 288, entitled “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” by amending section 18e of chapter XIIA (MCL 712A.18e), as amended by 1996 PA 257.

The People of the State of Michigan enact:

CHAPTER XIIA

Sec. 18e. (1) Except as provided in subsection (2), a person who has been adjudicated of not more than 1 juvenile offense that would be a felony if committed by an adult and not more than 3 juvenile offenses, of which not more than 1 may be a juvenile offense that would be a felony if committed by an adult and who has no felony convictions may file an application with the adjudicating court or adjudicating courts for the entry of an order setting aside the adjudications. A person may have only 1 adjudication for an offense that would be a felony if committed by an adult and not more than 2 adjudications for an offense that would be a misdemeanor if committed by an adult or if there is no adjudication for a felony if committed by an adult, not more than 3 adjudications for an offense that would be a misdemeanor if committed by an adult set aside under this section. Multiple adjudications arising out of a series of acts that were in a continuous time sequence of 12 hours or less and that displayed a single intent and goal constitute 1 offense provided that none of the adjudications constitute any of the following:

(a) An assaultive crime as that term is defined in subsection (7).

(b) An offense involving the use or possession of a weapon.

(c) An offense with a maximum penalty of 10 or more years imprisonment.

(2) A person shall not apply under this section to have set aside, and a judge shall not under this section set aside, any of the following:

(a) An adjudication for an offense that if committed by an adult would be a felony for which the maximum punishment is life imprisonment.

(b) An adjudication for a traffic offense under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a local ordinance substantially corresponding to that act, that involves the operation of a vehicle and at the time of the violation is a felony or misdemeanor.

(c) A conviction under section 2d of this chapter. This subdivision does not prevent a person convicted under section 2d of this chapter from having that conviction set aside as otherwise provided by law.

(3) An application under this section shall not be filed until the expiration of 1 year following imposition of the disposition for the adjudication that the applicant seeks to set aside, or 1 year following completion of any term of detention for that adjudication, or when the person becomes 18 years of age, whichever occurs later.

(4) An application under this section is invalid unless it contains the following information and is signed under oath by the person whose adjudication is to be set aside:

(a) The full name and current address of the applicant.

(b) A certified record of the adjudication that is to be set aside.

(c) A statement that the applicant has not been adjudicated of a juvenile offense other than the juvenile offenses sought to be set aside as a result of this application.

(d) A statement that the applicant has not been convicted of any felony offense.

(e) A statement as to whether the applicant has previously filed an application to set aside this or any other adjudication and, if so, the disposition of the application.

(f) A statement as to whether the applicant has any other criminal charge pending against him or her in any court in the United States or in any other country.

(g) A consent to the use of the nonpublic record created under subsection (13), to the extent authorized by subsection (13).

(5) The applicant shall submit a copy of the application and 2 complete sets of fingerprints to the department of state police. The department of state police shall compare those fingerprints with the records of the department, including the nonpublic record created under subsection (13), and shall forward a complete set of fingerprints to the federal bureau of investigation for a comparison with the records available to that agency. The department of state police shall report to the court in which the application is filed the information contained in the department’s records with respect to any pending charges against the applicant, any record of adjudication or conviction of the applicant, and the setting aside of any adjudication or conviction of the applicant and shall report to the court any similar information obtained from the federal bureau of investigation. The court shall not act upon the application until the department of state police reports the information required by this subsection to the court.

(6) The copy of the application submitted to the department of state police under subsection (5) shall be accompanied by a fee of $25.00 payable to the state of Michigan. The department of state police shall use the fee to defray the expenses incurred in processing the application.

(7) A copy of the application shall be served upon the attorney general and, if applicable, upon the office of the prosecuting attorney who prosecuted the offense. The attorney general and the prosecuting attorney shall have an opportunity to contest the application. If the adjudication was for an offense that if committed by an adult would be an assaultive crime or serious misdemeanor, and if the name of the victim is known to the prosecuting attorney, the prosecuting attorney shall give the victim of that offense written notice of the application and forward a copy of the application to the victim under section 46a of the William Van Regenmorter crime victim’s rights act, 1985 PA 87, MCL 780.796a. The notice shall be sent by first-class mail to the victim’s last known address. The victim has the right to appear at any proceeding under this section concerning that adjudication and to make a written or oral statement. As used in this subsection:

(a) “Assaultive crime” means that term as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a.

(b) “Serious misdemeanor” means that term as defined in section 61 of the William Van Regenmorter crime victim’s rights act, 1985 PA 87, MCL 780.781.

(c) “Victim” means that term as defined in section 31 of the William Van Regenmorter crime victim’s rights act, 1985 PA 87, MCL 780.781.

(8) Upon the hearing of the application, the court may require the filing of affidavits and the taking of proofs as it considers proper.

(9) Except as provided in subsection (10), if the court determines that the circumstances and behavior of the applicant from the date of the applicant’s adjudication to the filing of the application warrant setting aside the 1 adjudication for a juvenile offense that would be a felony if committed by an adult and not more than 2 adjudications for a juvenile offense that would be a misdemeanor if committed by an adult or if there is no adjudication for a felony if committed by an adult, not more than 3 adjudications for an offense that would be a misdemeanor if committed by an adult and that setting aside the adjudication or adjudications is consistent with the public welfare, the court may enter an order setting aside the adjudication. Except as provided in subsection (10), the setting aside of an adjudication under this section is a privilege and conditional, and is not a right.

(10) Notwithstanding subsection (9), the court shall set aside the adjudication of a person who was adjudicated for an offense that if committed by an adult would be a violation or an attempted violation of section 413 of the Michigan penal code, 1931 PA 328, MCL 750.413, if the person files an application with the court and otherwise meets the requirements of this section.

(11) Upon the entry of an order under this section, the applicant is considered not to have been previously adjudicated, except as provided in subsection (13) and as follows:

(a) The applicant is not entitled to the remission of any fine, costs, or other money paid as a consequence of an adjudication that is set aside.

(b) This section does not affect the right of the applicant to rely upon the adjudication to bar subsequent proceedings for the same offense.

(c) This section does not affect the right of a victim of an offense to prosecute or defend a civil action for damages.

(d) This section does not create a right to commence an action for damages for detention under the disposition that the applicant served before the adjudication is set aside under this section.

(12) Upon the entry of an order under this section, the court shall send a copy of the order to the arresting agency and the department of state police.

(13) The department of state police shall retain a nonpublic record of the order setting aside an adjudication for a juvenile offense that would be a felony if committed by an adult and not more than 2 juvenile offenses that would be misdemeanors if committed by an adult or if there is no adjudication for a felony if committed by an adult, not more than 3 adjudications for an offense that would be a misdemeanor if committed by an adult and of the record of the arrest, fingerprints, adjudication, and disposition of the applicant in the case to which the order applies. Except as provided in subsection (14), this nonpublic record shall be made available only to a court of competent jurisdiction, an agency of the judicial branch of state government, a law enforcement agency, a prosecuting attorney, the attorney general, or the governor upon request and only for the following purposes:

(a) Consideration in a licensing function conducted by an agency of the judicial branch of state government.

(b) Consideration by a law enforcement agency if a person whose adjudication has been set aside applies for employment with the law enforcement agency.

(c) To show that a person who has filed an application to set aside an adjudication has previously had an adjudication set aside under this section.

(d) The court’s consideration in determining the sentence to be imposed upon conviction for a subsequent offense that is punishable as a felony or by imprisonment for more than 1 year.

(e) Consideration by the governor, if a person whose adjudication has been set aside applies for a pardon for another offense.

(14) A copy of the nonpublic record created under subsection (13) shall be provided to the person whose adjudication is set aside under this section upon payment of a fee determined and charged by the department of state police in the same manner as the fee prescribed in section 4 of the freedom of information act, 1976 PA 442, MCL 15.234.

(15) The nonpublic record maintained under subsection (13) is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(16) Except as provided in subsection (13), a person, other than the applicant, who knows or should have known that an adjudication was set aside under this section, who divulges, uses, or publishes information concerning an adjudication set aside under this section is guilty of a misdemeanor.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor[5]

[1]
http://www.dailytribune.com/article/20121230/NEWS03/121239988/new-law-makes-it-easier-to-erase-juvenile-crimes

[2]
http://www.mwplegal.com/michigan-broadens-eligibility-for-expungement-of-criminal-convictions

[3]
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=1&sqi=2&ved=0CEkQFjAA&url=http%3A%2F%2Fwww.legislature.mi.gov%2Fdocuments%2F2011-2012%2Fresolutionadopted%2Fhouse%2Fpdf%2F2012-HAR-0254.PDF&ei=HpzhUOuKKKq80QG04IHIBA&usg=AFQjCNE-A6P2evFzKXOQf0P08j-xPWAqfA&sig2=P22yxbz5txKUIePus8V99A

[4]
http://www.gophouse.com/readarticle.asp?id=9347&District=90 contact Haveman at
http://www.gophouse.com/contact.asp?District=90

[5]
http://www.legislature.mi.gov/documents/2011-2012/billenrolled/House/htm/2012-HNB-5600.htm

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