Michigan > Statewide > Criminal > General
Application To Set Aside Conviction MC 227 - Michigan
| Application To Set Aside Conviction Form. This is a Michigan form and can be used in General Criminal Statewide . |
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Forms MC 227 and MC 228 APPLICATION TO SET ASIDE CONVICTION AND ORDER Use this form to ask the court to make a Michigan adult criminal conviction nonpublic. American LegalNet, Inc. www.FormsWorkFlow.com APPLICATION CHECKLIST Use the following checklist to make sure you have done all the steps that are needed. DID YOU . . . 1. Read all the information in the Self-Help Center at http://courts.michigan.gov/scao/selfhelp/intro/criminal/setaside_help.htm YES 2. Determine your eligibility to have a conviction made nonpublic? See page 3. Get a certified copy of your conviction? See page 4. Get fingerprinted? See page 4. Complete the application form? See page 9 for instructions. Sign the application form in front of a notary public or clerk of the court? See pages 4 and 5. File the application packet with the court? See page 5. Mail (serve) a copy of the application packet to the prosecuting official, the Attorney General's office, and the Michigan State Police (with fingerprints)? See page 6. Complete and file the proof of service with the clerk's office after you mailed the application packets? See page 6. Keep one copy of the application packet for yourself? YES YES YES YES 3. 4. 5. 6. YES YES 7. 8. YES 9. YES YES 10. If you cannot answer "yes" to all the above steps, a hearing on your application may be delayed or your application may be dismissed. By using this form packet you are representing yourself in a court action to try to make your conviction nonpublic. You must follow the instructions in this packet. If you fail to do even one of the required steps, the order you get from the court may not give you what you want. If you have questions about any step in the process, refer to pages 3 through 8 of this booklet for details and review the information in the Self-Help Center at http://courts.michigan.gov/scao/selfhelp/intro/criminal/setaside_help.htm. You may wish to consult an attorney. PAGE 2 American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS FOR USING FORM MC 227 FILING AND SERVING AN APPLICATION »» DEFINITION: Setting Aside a Conviction Setting aside a conviction removes an adult criminal conviction under Michigan law from the public record of the Michigan State Police. In terms of criminal law, you are an adult at age 17. »» FILING AN APPLICATION 1. Determine Your Eligibility to Apply A person who applies to have a conviction made nonpublic must meet certain conditions. To find out if you are eligible, read the following and answer the seven questions that follow. · Although not required, it is highly recommended you get a copy of your criminal record from ICHAT at http://apps.michigan.gov/ICHAT/home.aspx. There is a cost for this. You can find out what crime(s) you were convicted of from your criminal record . · A criminal complaint can have more than one count or charge on it. If you were convicted of more than one charge, you have more than one conviction. For example, if you were charged with and convicted of Possession of a Firearm and Assault and Battery in the same case, you have two convictions. · If you were charged with a crime for which judgment of guilt was deferred and the case was dismissed upon you successfully completing probation, there is no conviction for that offense. A record of this is maintained by the Michigan State Police and the courts, but it is nonpublic. Answer the following seven questions by checking the correct box, yes or no. 1. Do you have a criminal conviction from a federal court? 2. Do you have a criminal conviction in another state? 3. Do you have another adult criminal conviction in Michigan, excluding those for which judgment of guilt was deferred and excluding up to two minor offenses as defined in MCL 780.621(10)(b)? 4. Were you convicted of a felony or an attempt to commit a felony for which the maximum punishment is life imprisonment? 5. Were you convicted of felony criminal sexual conduct (first, second, or third degree), or assault with intent to commit criminal sexual conduct? 6. Is the conviction you want to have set aside a misdemeanor or felony traffic offense? A traffic offense is a violation of the Michigan Vehicle Code or a local ordinance substantially corresponding to that act that involves the operation of a vehicle. 7. Has it been less than five years since the date of your conviction, or if you were imprisoned, has it been less than five years since you were released? Yes Yes No No Yes No Yes No Yes No Yes No Yes No If all the above questions are checked no, you may be eligible to have your conviction set aside. If any box is checked yes, you are not eligible to have your Michigan criminal conviction set aside. If you are unsure if you are eligible, you should consult an attorney. PAGE 3 American LegalNet, Inc. www.FormsWorkFlow.com 2. Do You Need An Attorney? In order to apply to make your conviction nonpublic, you must file an application with the court in which you were convicted. You can either hire an attorney or you can represent yourself. If you can follow all the steps outlined in this packet, you may not need an attorney. However, if after reading this packet you think you need assistance, you should call an attorney. If you decide to represent yourself, complete the checklist on page 2 to make sure you have done everything that is required. 3. What Does it Cost? This can cost you over $100.00. It costs about $10.00 to get your criminal record from ICHAT. Some law enforcement agencies may fingerprint you without a charge, but if not, it could cost from $10.00 to $25.00. It costs $10.00 for a certified copy of your conviction record from the court, plus $1.00 for each page of that record. It costs $50.00 for the application fee to the Michigan State Police. There may be a cost to have your application notarized by a notary public. There may be a cost for the form if you get it from the court instead of the website. 4. Get a Certified Copy of Your Conviction If after reviewing your criminal record you determine you are eligible to apply to have your conviction set aside, order a certified record of that conviction from the clerk of the court where you were convicted. This record can be either a certified copy of the "Judgment of Sentence," a certified copy of the "Order of Probation," or a certified copy of the case history ("Register of Actions"). There is a $10.00 fee for getting a certified copy of a record plus $1.00 for every page of that record. There is no fee for filing the application wit
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