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Common Questions about Setting Aside Adjudications

These are common questions about setting aside juvenile adjudications.

Questions about Setting Aside Adjudications

What is an adjudication?

If a minor is convicted of a crime, it is called juvenile adjudication. If a minor is tried and convicted as an adult, it is a conviction. To learn more about getting a conviction set aside, see the I Have an Adult Criminal Conviction That I Would Like to Set Aside (Expunge) toolkit.

What does it mean to set aside a juvenile adjudication?

If you get your adjudication set aside, you can legally say you have not been convicted of or arrested for that crime on a job or school application. You can also say you have not been convicted of that crime on an application for public benefits or housing.

The courts and the Michigan State Police (MSP) keep a confidential copy of your adjudication record. An adjudication that has been set aside can be used during sentencing if you are later convicted of another crime.

How do I get an adjudication set aside?

Read the article Setting Aside a Juvenile Adjudication to learn about the process of getting an adjudication set aside. Use the Checklist at the end of the I Have a Juvenile Adjudication That I Would Like to Set Aside (Expunge) toolkit as a step-by-step guide.

Am I eligible to have my adjudications set aside?

You can only have a juvenile adjudication set aside if certain conditions are met. To learn if you meet those conditions, read the article Setting Aside a Juvenile Adjudication.

Are there some adjudications that cannot be set aside?

Yes. Adjudications for some offenses can’t be set aside. You can’t set aside an adjudication:

  • That was a traffic offense

  • That was a felony that could be punishable by life in prison if you were an adult or

  • If you were tried and convicted as an adult

If you were a minor convicted as an adult, see the I Have an Adult Criminal Conviction That I Would Like to Set Aside (expunge) toolkit.

How many adjudications can I set aside?

You can apply to have up to three adjudications set aside. But, you can only set aside one adjudication that would be a felony if committed by an adult. If you have more than three juvenile adjudications, none of them can be set aside.

You can’t have any adjudications set aside if you were convicted of a felony as an adult. 

Adjudications for more than one offense that happened within 12 hours might be counted as a single offense. The offenses cannot:

  • Be an assault or battery,

  • Involve the use or possession of a weapon, or

  • Be an offense that could be punished with more than 10 years in prison

How long do I have to wait before I can ask the court to set aside an adjudication?

There is a waiting period before you are allowed to file your application. It must be at least one year from the time the court loses power over you before you file. This is also known as “termination of the court’s jurisdiction.” Jurisdiction means power over a person or legal matter. Here are some examples of when you would be eligible to apply based on the end of the court’s power in the case:

  • Your case closed at least one year ago

  • You finished your probation at least one year ago

  • You  turned 19 years old

How much does it cost to set aside an adjudication?

There is no fee to file the application, but there are costs for other things you need:

  • Getting a certified copy of your adjudication records: $10 + $1 per page

  • Getting fingerprinted: between $10 and $25

  • Having your application processed by the Michigan State Police: $25 per application

What happens after my adjudication is set aside?

If the judge orders your adjudication to be set aside, the court will send a copy of the Order On Application to Set Aside Adjudication to the Michigan State Police.

If the adjudication is set aside, you will not have to disclose it to potential employers.

How can I find out who was the prosecutor in my adjudication?

You can find out who was the prosecuting official by looking at your certified record of your adjudication. It does not need to be the same person. It needs to be the same prosecuting attorney’s office.

To find the address of the prosecutor see the Michigan Prosecuting Attorney Office Directory. Prosecutors’ offices are organized by county.

Do I have to go to court for my adjudication?

Yes. You might be able to file your application by mail, but you must go to court for the hearing. At the hearing, you will explain to the judge why your adjudication should be set aside. The judge doesn’t have to set aside your adjudication. It is a good idea to bring evidence to show why your adjudication should be set aside.

Read the “Going to Court” section of the article Setting Aside a Juvenile Adjudication to learn what you can bring to court to help your case.