Michigan Motion To Seal Juvenile Records

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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

Clean Slate law took effect in April 2023, with an automated system for expunging eligible convictions. Up to 2 felony convictions may be automatically expunged 10 years after sentencing or the person's release from custody, whichever comes later.

Criteria for Automatic Set Aside: Offense Type:Waiting Period*Misdemeanors punishable by less than 93 days imprisonment No Limit7 yearsMisdemeanors punishable by 93 days or more imprisonment Not more than 47 yearsFelonies Not more than 210 years

An expungement is a way to remove past offenses from your public record. Expansions under the ?Clean Slate? laws include eligibility for up to three felonies and unlimited misdemeanors, excluding certain assault or weapons offenses and felonies that carry a maximum sentence of life in prison.

Crimes excluded from automatic expungement All offenses punishable by life imprisonment. Assault with intent to commit criminal sexual conduct. Child sexually abusive material or activity offenses. Felony domestic violence. Criminal sexual conduct. Human-trafficking related offenses. Second-degree child abuse.

Parents of children with Juvenile Records feel that their child will never be able to go to college and not find a job when they become adults. In Michigan, courts will in many instances seal Juvenile records that deal with criminal activity.

In 2020, the State of Michigan passed ?Clean Slate? legislation. These laws allow Michiganders to erase or expunge eligible criminal records. Clean Slate legislation went into effect on April 11, 2021. Visit the Attorney General's Expungement page for more information.

Clean Slate law took effect in April 2023, with an automated system for expunging eligible convictions. Up to 2 felony convictions may be automatically expunged 10 years after sentencing or the person's release from custody, whichever comes later.

Because they were signed on October 12, 2020, the effective date of these bills is April 11, 2021. Automatic Expungement (H.B. 4980): This bill has a two-year implementation period. That means the earliest it will become effective is April 11, 2023.

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Michigan Motion To Seal Juvenile Records