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Checklist – How to Apply to Set Aside an Adjudication
These are step-by-step instructions to help you file an application to ask a judge to set aside a juvenile adjudication. It helps to read them all the way through before starting. Keep a copy of everything you file for your records.
Step 1: Prepare and sign your completed application.
Complete the Do-It-Yourself Expungement (Juvenile Adjudication). You will receive a completed Application to Set Aside Adjudication(s) and blank Order on Application to Set Aside Adjudication(s) when you finish. Please note that completing the documents on Michigan Legal Help or Law Help Interactive does not file anything with the court.
Sign your completed application in front of a notary public or the court clerk. You can find a notary public at most banks. You may have to pay a small fee to have your application notarized at a bank.
Step 2: Gather Your Records.
You will need your fingerprints on card RI-008 and a certified copy of your order of adjudication to file with your application.
You can go to any local police station or Michigan State Police branch to have your fingerprints taken. There may be a small fee for this. Make sure that your fingerprints are taken on the “RI-008” fingerprint card, and that the card is accurately completed. You will need to submit the fingerprint card to the Michigan State Police along with a copy of your application later on.
If you haven’t already, order one certified copy of your order of adjudication from the clerk’s office of the court where you were adjudicated. There will be a small fee for this. Make five copies of the certified copy of the order.
Step 3: File your application with the court clerk and get a hearing date.
You will need the original plus five copies of your notarized application and your certified order of adjudication. File your application and certified order with the court clerk either in person or by mail.
Attach copies of any previous applications you filed to set aside any adjudications and the orders you received to this application.
If you participated in the Michigan Youth ChalleNGe Academy and got a certificate of completion, send in your certificate with your application. The certificate will show the judge that your circumstances and behavior support your application.
In Person
Take the original and all five copies of your application and your certified order of adjudication to the clerk for the court in which you were adjudicated. The clerk will keep one copy of your application and the original certified record. The clerk will give the remaining copies to you.
By Mail
Mail the original and all five copies of your application and your orders of adjudication along with a self-addressed stamped envelope to the clerk’s office in the court where you were adjudicated. The clerk will keep one copy of your application and certified record, and return the remaining five copies to you.
Notice of Hearing
When you file your application the clerk will set a hearing date. The clerk will complete the Notice of Hearing section to tell the prosecutor, Attorney General, and Michigan State Police when your hearing is scheduled. Make sure the hearing information is filled in on all five copies you get back from the clerk. If it isn’t, write the hearing information on each copy of the application. The hearing will be set 45 to 90 days from the time you file your application to give the Michigan State Police time to complete its report on your criminal history.
Step 4: Serve your application.
Send a copy of your application and certified order of adjudication to the Michigan State Police, the prosecutor in your original case, and the Attorney General.
Michigan State Police: Get a $25 check or money order made out to the State of Michigan. Put it in an envelope along with the following:
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A copy of your application
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A copy of your certified order of adjudication
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Your fingerprint card
Then send it by first class mail to:
The Michigan State Police will create a criminal history report from state and federal records and will send a copy to you and the court. The court can’t have a hearing on your application until the report is returned.
Prosecutor: Mail one copy of your application and certified order of adjudication to the office of the prosecutor from your juvenile delinquency case.
If you do not know the name or address of the prosecutor, ask the clerk who filed your application. You can also use the Michigan Prosecuting Attorney Office Directory for the address.
Attorney General: Mail one copy of your application and certified order of adjudication to the Attorney General at:
525 W. Ottawa Street
P.O. Box 30212
Lansing, MI 48909
Step 5: Complete and file the proof of service.
After mailing the three copies of your application, fill out the Proof of Service section at the bottom of the two copies of your application you have left. Make sure you enter the date that you sent each application. Sign and date both copies. Send or deliver one copy of the Proof of Service to the court clerk and keep one copy for yourself. This will show that you sent your application to all the required agencies.
Step 6: Prepare for your hearing.
Be sure to read any notices or letters you get from the Attorney General or local prosecutor. If they do not want your adjudication to be expunged, you may get a notice called an "Opposition" or something saying they "oppose" your application. If this happens, contact the Counsel & Advocacy Law Line right away at 1-888-783-8190.
At your hearing, you need to show the judge that your adjudication should be set aside. Tell the judge about your life since your adjudication. Explain how making this record non-public will help you.
You can help your case if you can show any the following:
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You haven’t been involved in criminal activity since your adjudication
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The reason(s) you want your record clean, such as getting a professional license
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Letters of recommendation from employers, churches, or community organizations
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Signed letters of support from employers, family, or friends
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Witnesses to support you
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Proof of rehabilitation e.g., from a substance abuse program
Make a list of reasons why clearing your record will help you. Bring it to the hearing so you can make sure you don’t forget anything.
Law enforcement officials and the victims of your crime may testify at the hearing to support your application or to object to it.
To learn more about what to expect at your hearing, watch Going to Court.
Step 7: Attend the hearing.
When you go to court remember to bring:
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Your copy of your application, and a blank copy of the order
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Any evidence you would like to show the judge
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Any witnesses you have
Dress neatly and arrive 15 minutes early. Check in with the clerk when you arrive.
At your hearing, wait for your name to be called, go to the front of the courtroom, and follow the directions of the judge. Using the list you made earlier, tell the judge why your adjudication should be set aside. Let the judge know if you have documents to support what you are saying. The judge will ask the Attorney General, prosecutor, or any victims if they object to setting aside your adjudication. The judge will then ask them questions.
Remember that you are in court and the other parties have a right to speak. Do not interrupt while they testify. You will have a chance to ask them questions after they are finished speaking.
After hearing from you and any witnesses, the judge will make a decision on your application. If your adjudication is set aside, the judge will complete and sign the Order on Application to Set Aside Adjudication(s). You will be given a copy of the order.
Ask the clerk if the court will also send a copy to the local police and the Michigan State Police. If not, you should send a copy to these agencies.
Step 8: After the hearing.
One month after your adjudication is set aside, your public record should be clear. If you want to be sure that your public record is clear, you can check back at the courthouse where the adjudication occurred. Your adjudication should no longer be available as an open case file.
You may need to contact the Michigan State Police Department to see if it received a copy of the order. If not, you may need to send it again.
You should also clear your record with the Michigan Department of Corrections. Send a copy of the order to the following address: