Michigan

NOTE TO USER:

While every attempt has been made to ensure accuracy, local practices and procedures may vary.  We encourage every user to consult with an experienced juvenile justice practitioner in the jurisdiction to determine how best to proceed in any particular situation.        

 

 

Juvenile Collateral Consequences in the State of Michigan

            Several different collateral consequences attach to delinquency adjudications in Michigan family courts.  Despite the juvenile justice system’s historic commitment to shielding children from the stigma of a criminal conviction, modern lawyers must be aware of the serious consequences arising from juvenile adjudications.[1] While adjudications are not criminal convictions,[2] their subsequent impact is often quite similar to that of a conviction.[3] In most cases, juveniles will be unaware of the collateral consequences that attach to a formal disposition, and Michigan law does not require that a juvenile be made aware of these consequences before entering a plea of admission or no contest.[4] Many of these consequences will stem from decisions made by entities possessing the authority to grant or deny important opportunities, as a juvenile’s court involvement may limit subsequent access to employment, licensing, public housing, or higher education.[5]

  

Understanding the Justice System

            The Michigan family court’s jurisdiction generally includes youths under the age of seventeen who violate any municipal ordinance, Michigan law, or federal law.[6] Adjudications within family courts are not criminal convictions, as family court proceedings are civil and not criminal.[7] Despite their non-criminal nature, a juvenile adjudication may have serious collateral consequences.

            Because there is no constitutional right to be treated as a juvenile,[8] the court’s jurisdiction may be waived for youths age fourteen or older.[9] A prosecutor may file a petition in the family court, followed by a motion requesting that the court waive its jurisdiction.[10] Judicial waiver requires a two-step analysis by the court. First, the court must determine whether there is probable cause that a felony has been committed and that there is probable cause to believe the juvenile who is before the court committed the felony.[11] If there is probable cause as to each of these, in the second step, the court then conducts a hearing to determine if the waiver would serve the best interests of the juvenile and the public. In deciding whether to waive its jurisdiction, the family court must weigh specified criteria.[12] This process is rarely used.[13]

            A second form of waiver permits the prosecutor to file a complaint and warrant directly in adult court for certain types of felonies, or “specified juvenile violations.”[14] With no disseminated guidelines for charging decisions, prosecutors exercise broad discretion in “prosecutorial waiver.”[15] A juvenile that comes within the jurisdiction of the adult court will automatically be subjected to the jurisdiction of the adult court for any subsequent felony charges.[16]

            Children may be tried in the family court “in the same manner” as adults.[17] There are two ways that this can happen: The prosecutor may exercise discretion in designating any case in which the juvenile is charged with a “specified juvenile violation.”[18] For other, less serious crimes, the prosecutor may file the case in the family division of circuit court but then request that the case be designated by the court as one in which the juvenile is to be tried “in the same manner” as an adult.[19] The court then holds a hearing, using criteria identical to those for waiver, and determines whether to designate the child for trial “in the same manner as an adult.”[20]

            All courts within the juvenile justice system maintain records of the cases brought before them.[21] Juvenile proceedings on the formal calendar and preliminary hearings are open to the public,[22] absent a determination that proceedings should be closed to the public during the testimony of a child or the victim to protect the welfare of either.[23] In a delinquency case, the court cannot close the hearing to the public during the testimony of the juvenile alleged to have committed the offense.[24] The law requires that a record of all hearings must be made,[25] and the general public may access the records of juvenile cases, other than confidential files.[26] In effect, court rules require the maintenance of two record systems—the public file (which contains legal documents such as petitions, subpoenas, court orders) and the confidential “social file” (which contains more personal information about the child such as mental health records, school files, and other evaluations).[27] These records must be destroyed when the person becomes thirty years old.[28] In light of the general accessibility of juvenile records, defenders within the state of Michigan have a heightened responsibility to consider the various collateral consequences of involvement with the juvenile justice system.

            A juvenile proceeding is commenced when a written petition is filed with the family court alleging that the child has violated a state or federal law or a municipal ordinance.[29] Only the prosecuting attorney may file a petition alleging a child is delinquent.[30]

            When a petition is not accompanied by a request for detention of the juvenile, the court may conduct a preliminary inquiry off the record.[31] At any time, the court may choose to proceed on the consent calendar, which is a form of informal processing that permits a juvenile who admits to violating a law to serve a term of informal court supervision, without the court formally authorizing a petition to be filed,[32] in which case the court must not enter an adjudication or order of disposition.[33] If the child successfully completes the consent calendar, (s)he will have no record. Upon successful completion by the juvenile of the consent calendar case plan, the court shall close the case and may destroy all records of the proceeding.[34] If not destroyed after the completion of the consent calendar plan, the consent calendar records must be destroyed within twenty-eight days after the juvenile’s seventeenth birthday.[35] However, the court may at any time, without hearing, transfer the case from the consent calendar to the formal calendar,[36] and if the juvenile subsequently comes within the jurisdiction of the court on the formal calendar, the court is no longer required to destroy the juvenile’s consent calendar records when the juvenile becomes seventeen years old.[37]

            If a juvenile is diverted from formal adjudication into a delinquency prevention or early intervention program pursuant to the Juvenile Diversion Act, a separate  record shall be kept,[38] which will only be used for the purpose of making a subsequent decision regarding whether to divert the minor in a subsequent contact with the juvenile justice system.[39] The court must destroy the diversion record of a juvenile within twenty-eight days after the juvenile turns seventeen.[40]

            If the case is neither diverted nor placed on the consent calendar, it proceeds on the formal calendar.[41] If a case is placed on the formal calendar, the court must hold a preliminary hearing to determine whether to authorize the petition, enabling the case to go forward.[42] The court may authorize a petition if doing so is in the best interest of both the child and the public.[43]

If the petition is authorized, the case then moves to the pre-trial phase.[44] The juvenile may enter a plea of admission or no contest to the petition,[45] or may ask for a trial.[46] A juvenile who asks for a trial is entitled to have that trial before a referee,[47] a judge,[48] or a jury of six.[49]

            If the juvenile pleads or is found guilty at trial, then the case moves into the dispositional phase.[50]At disposition, the court has broad discretion and a variety of options on how to adequately deal with the juvenile which range from warning the juvenile and dismissing the case to placing him/her in a facility for delinquent youth.[51] For any offense, a juvenile found to have committed a delinquent act may be kept under the court’s jurisdiction until age nineteen.[52]For more serious offenses, the court may extend jurisdiction until the juvenile reaches age twenty-one.[53] After a disposition is entered, the court may periodically review the juvenile’s placement and performance as long as the child remains under the court’s jurisdiction.[54]

           

Notification of Collateral Consequences of Juvenile Arrest & Court Records

            In most cases, juveniles will be unaware of the collateral consequences that attach to a formal disposition, and Michigan courts do not require that juveniles be made aware of these consequences before entering guilty pleas.[55] The Supreme Court has recently held that counsel must inform her client whether her plea carries a risk of deportation.[56]

 

Treatment of Juvenile Arrest Records

Are photographs and fingerprints routinely collected?

            Fingerprints are routinely collected for juveniles at the time of arrest, so as long as the offense has a maximum penalty exceeding ninety-two days of imprisonment or a fine of $1,000.[57] The juvenile is fingerprinted immediately upon arrest, and the arresting law enforcement agency forwards the fingerprints to the state police within seventy-two hours.[58] The state police then forward the fingerprints to the FBI.[59]

            When the family court authorizes the filing of a petition, the court must verify that the juvenile has been fingerprinted.[60] If the juvenile has not been previously fingerprinted, the court will order that the juvenile be fingerprinted.[61] If the juvenile is fingerprinted but no petition is authorized, the family court, on motion, will order that the fingerprints and arrest card be destroyed.[62] Similarly, if the petition is dismissed or the juvenile is found not guilty of the charged offense, the fingerprints must be destroyed.[63]

            The court may also authorize the photographing of a juvenile.[64] As a practical matter, law enforcement agencies routinely photograph and fingerprint juvenile suspects at the time they are arrested. Fingerprints and photographs must be placed in the confidential files that are capable of being located and destroyed on court order.[65]

Is DNA routinely collected?

            DNA samples are routinely collected after a juvenile is found guilty of certain offenses.[66] If the youth is tried as a juvenile and found responsible for any of the following, (s)he must provide a DNA sample: assault with intent to commit murder, attempt to murder, first degree murder, second degree murder, manslaughter. If the juvenile is found responsible for or for an attempt to commit one of the following, (s)he must provide a DNA sample: kidnapping, criminal sexual conduct in the first, second, third or fourth degree, or assault with intent to commit criminal sexual conduct. Furthermore, a juvenile found guilty of being a “disorderly person”[67] or of indecent exposure must also submit a DNA sample.[68] In addition to these DNA sampling requirements, if a minor is “tried in the same manner as an adult” and convicted of one of the following, (s)he must also submit a DNA sample: 1) any felony or attempted felony; 2) one of the following: accosting, enticing or soliciting a child for immoral purposes; being a disorderly person if the act underlying the conviction involves window peeping, indecent or obscene conduct in public, or loitering in a house of prostitution; 3) indecent exposure; 4) first or second conviction for prostitution; 5) leasing a house for purposes of prostitution; or 6) allowing minors sixteen years or younger to be in a house of prostitution.

            A juvenile who is required to provide a DNA sample but who refuses to do so is guilty of a misdemeanor.[69] Once collected, the minor’s DNA sample must be sent to the Michigan State Police,[70] which maintains the sample permanently.[71]

Are juveniles’ arrest records made public?

            The family courts maintain records of all cases brought before it. Generally speaking, the records of a case brought before the court are open to the public.[72] There are several exceptions to this general rule, however. First, if the hearing of a case is closed under Mich. Comp. Laws Ann. § 712A.17, its record shall be open only by court order to persons having a legitimate interest in the proceedings.[73] Second, some counties in the state conduct juvenile drug treatment courts.[74] If a juvenile successfully completes the terms of participation in a juvenile drug treatment court, his/her court record will be closed to public inspection and cannot be accessed through a Freedom of Information Act (“FOIA”) request.[75]

            Any limits placed on access to juvenile court records under Mich. Comp. Laws Ann. § 712A.28 do not apply to police records.[76] Generally, records of police activities, including arrest reports, are available to members of the public through a FOIA request.[77]

What juvenile arrest data may be distributed?

            There is no statutory limitation on the distribution of felony arrest data. As noted above, a law enforcement agency’s information relating to an arrest is available to the public through a FOIA request.[78] There is one limitation: misdemeanor arrests that did not result in a conviction may not be maintained by an employer other than a law enforcement agency.[79]

Do police have the authority to distribute juvenile arrest data to Employers? State agencies? Schools?

            Generally, yes. Arrest data is generally available to members of the public through FOIA requests.[80] Also, Michigan maintains an Internet Criminal History Access Tool (“ICHAT”), which is an Internet based data system that includes charging and conviction records of juveniles who have been charged or convicted as adults—either as a result of waiver or designation.[81] The ICHAT database includes information regarding felonies and serious misdemeanor charges. Non-public employers can access the ICHAT data system for a modest fee, while public employers may do so without paying a fee. Michigan law requires that some employers—e.g., child care providers and schools—screen prospective employees via ICHAT before making an offer of employment.[82] An employer is prohibited from requesting a record of information regarding a misdemeanor arrest, detention, or disposition where a conviction did not result.[83] An individual may deny or withhold information pertaining to an arrest that did not result in a conviction.[84]

May the police sell arrest records to private data mining companies?         

            Arrest records are generally available through a FOIA request.[85] There appears to be no statute addressing the sale of such records.   

 

Treatment of Juvenile Court Records

At what point in the court process do records begin?         

            The family court maintains records of all cases brought before it, including records and as provided in the juvenile diversion act.[86] Diversion records are confidential and may only be released as provided in that act.[87] Court records of other cases are generally open to the public.[88] A recording—either stenographic or otherwise—of all hearings must be made.[89]

Where and how are juvenile records stored?    

            Each county’s family court maintains a paper file about each juvenile who is the subject of a delinquency proceeding in that court.[90] Additionally, each juvenile who is brought before the court has a “confidential file” which contains information such as probation officer reports and psychological evaluations.[91] Each county also stores some information in computer files.

            Law enforcement agencies maintain paper files regarding arrests of juveniles. Each local law enforcement agency may have arrest and similar information regarding a juvenile stored in electronic format. Local law enforcement agencies must report arrest data to the Michigan Sate Police, which maintains a statewide database of law enforcement information, including information regarding juveniles.[92]

             The general public may access the ICHAT to view criminal records for Michigan arrests and convictions.[93] Information regarding juveniles involved in juvenile proceedings in the family court is not available through ICHAT; however, information regarding juveniles waived into the court of general criminal jurisdiction along with those designated for family court trial “in the same manner as an adult” is available through the ICHAT system.

Who can access juvenile arrest and court records?

            Arrest records regarding juveniles are available to any member of the general public through a FOIA request, limited only by very narrow exceptions.[94]

            The family court maintains records of all cases brought before it, and these records are open to the general public.[95] Records of the juvenile cases, other than confidential files, must be open to the general public.[96]

What information does a juvenile court record contain?         

            The clerks of each trial court keep records in the form and style prescribed by the court and in accordance with the Michigan Supreme Court’s records standards and local court plans.[97] The clerk keeps a case history of each case, known as a “register of actions,” which contains the offense; the date and title of each filed document; the date of each event and type and result of action; the date of scheduled trials, hearings, and all other appearances or reviews; orders, judgments, and verdicts; the date of adjudication and disposition; and the manner of adjudication and disposition.[98] The clerk also maintains a file folder for each action, which includes all pleadings, process, written opinions and findings, orders, judgments, and any other required documents.[99]

            As a practical matter, there is some variation between counties as to what documents will be found in the public “file” and what will be placed in the non-public “confidential file.”[100] In some counties, any document which is offered into evidence will be placed in the  “file.” For example, in some counties if a psychological evaluation is offered into evidence, it may  be placed in the public “file” while in other counties such a report will be placed in the “confidential file.”[101]

 

Sealing and Expunging Delinquency Arrest and Court Records

Does the state permit indigent defenders to provide post-dispositional advocacy in the form of limiting distribution of juveniles’ records?

            Michigan has no statewide public defender system. A few of the larger counties have public defender offices. Most indigent defense is provided by non-profit organizations or by attorneys in private practice who are either on an appointment list or contract with the court to provide legal representation for indigent juvenile defendants. Some legal aid offices may provide help to individuals seeking to expunge their records. Those seeking to expunge their record should contact the Legal Aid office for the county in which they were adjudicated delinquent.

Do juveniles have the right or opportunity to seal or expunge their arrest and court records?

            Michigan law contains no specific provisions by which a juvenile record can be sealed. However, Michigan’s general court rules provide some limited authority for courts to seal a court record or a portion of a court record.[102] It is unclear, however, if the rule would apply to juvenile proceedings.

            Michigan law provides a mechanism through which a person with one family court adjudication for a delinquency offense may seek to set the adjudication aside.[103] A person is not eligible to set aside a juvenile adjudication if they have an adult felony conviction.[104] In Michigan, the setting aside of an adjudication is not a right but a conditional privilege,[105] and only one adjudication may be set aside in this manner.[106] The court cannot set aside any adjudication involving a felony that is punishable by life in prison, convictions in designated cases, or certain traffic offenses.[107] The applicant must be twenty-four years of age, or have waited at least five years from the disposition of the adjudication or the completion of any term of detention, whichever occurs later.[108]

            The court must destroy the diversion record of a juvenile within twenty-eight days after the juvenile becomes seventeen years of age.[109] The court may destroy all record of a case heard on the consent calendar at the time the juvenile is released from the court’s supervision.[110] The court must destroy all files of matters heard on the consent calendar within twenty-eight days of the juvenile turning seventeen years of age unless the juvenile is placed under the court’s jurisdiction before that age.[111]

How does a juvenile seal/expunge his/her record?

            If a juvenile’s record is eligible to be sealed, the court may only do so after the juvenile defendant has filed a motion requesting that the record be sealed, the court has made a finding that good cause exists to seal the record, and that there is no less restrictive means of protecting the juvenile defendant’s interest.[112]

            An application to expunge a juvenile record is invalid unless it contains the following information and is signed under oath by the person whose adjudication is to be set aside: the full name and current address of the applicant; a certified record of the adjudication that is to be set aside; a statement that the applicant has not been adjudicated of a juvenile offense other than the one that is sought to be set aside; a statement that the applicant has not been convicted of any felony offense; 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; 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; and consent to use the nonpublic record.[113]

            The applicant shall submit a copy of the application and two complete sets of fingerprints to the department of state police,[114] along with a $25.00 fee payable to the state of Michigan.[115]

            The attorney general and the prosecuting attorney shall have an opportunity to contest the application, and the victim of the offense has a right to appear and make a statement if the offense was an “assaultive crime” or “serious misdemeanor.”[116] The court may require the filing of affidavits and the taking of proofs as it considers proper.[117]

            The court will consider the circumstances and behavior of the applicant after the adjudication, and determine whether setting aside the adjudication is consistent with the public welfare.[118]

            The Michigan State Court Administrative Office maintains a webpage dedicated to providing the tools necessary for an individual to apply for expunction of a juvenile record without the assistance of a lawyer.[119]

            A person, other than the applicant, who divulges information concerning an adjudication that has been set aside is guilty of a misdemeanor.[120] However, the nonpublic record can still affect the individual in several ways. It may be considered in a licensing determination conducted by an agency of the judicial branch of state government, or by a law enforcement agency in connection with an application for employment.[121] It may also be used to show that a person who has filed an application to set aside an adjudication has previously applied,[122] or by the governor in considering a pardon of the applicant for another offense.[123] A court may consider the nonpublic record in sentencing the applicant for a subsequent offense that is punishable as a felony or by imprisonment for more than one year.[124]

Who has access to sealed juvenile records?    

            It is unclear whether Michigan law permits a juvenile court record to be sealed as no statute or court rule specifically addresses this question. However, in general, Michigan law provides for a court to seal a record.[125] The court cannot seal an order or an opinion that has been issued by the court.[126]

            When a record is expunged, the state police retain a nonpublic record of the arrest, fingerprints, adjudication, and disposition of the applicant.[127] This nonpublic record is 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 very limited purposes: 1) by the judicial branch when it is conducting a licensing function; 2) by law enforcement when a person whose record has been set aside applies for employment; 3) to determine whether one who applies to set aside an adjudication has previously had an adjudication set aside; 4) by the governor when considering whether to grant an individual’s application for a pardon.[128]

How will sealed juvenile records affect a juvenile in their future?

            A court may not seal a court order or opinion (including an order or opinion that disposes of a motion to seal the record),[129] and any person may file a motion to set aside an order that seals a record.[130]

How may a juvenile describe an expunged record?

            If an adjudication is set aside , it is as if the applicant was never adjudicated.[131] Accordingly, if asked, the individual whose adjudication has been set aside may deny the existence of a juvenile record.

 

Challenging Court Record and Arrest Record Accuracy

Is there a way for corrections to be made to juvenile court or arrest records?

           The juvenile court may correct its records “at any stage in the proceeding.”[132] However, it is not clear whether an individual may seek to correct a record after the case is close because this may not constitute a “stage in the proceeding.” To correct an inaccurate court record, the individual should file a motion with the court requesting that it make the necessary correction.[133]

           The state police, department of corrections, FBI, local police department, local courts, and private companies may all retain different information about an individual’s criminal record.[134] Each entity has different procedures for getting and correcting that information.

            To view the records maintained by the state police, an individual can use the ICHAT .[135] If unable to pay the $10.00 fee, a FOIA request can be filed, along with an Affidavit of Indigence.[136]

            To correct state police records, the individual must be fingerprinted. Then the individual must submit the state police record, an original set of fingerprints, and a letter challenging the record to the state police.[137] If fingerprints show that the criminal record does not belong to individual, the state police will issue a clearance letter and mark the record with a note that the conviction does not belong to the individual.[138] If the record pertains to the appropriate individual but contains some other inaccuracy, the individual must submit the relevant court documents that show that the information contained in the record is incorrect.[139] If the court disposition is erroneous, the individual may submit to the state police a copy of the disposition from the court attached to the record.[140]

            Each police department and local court has a different system of record-keeping. Criminal records may be available on the Internet, or only at the court or police station. In many cases, the local court or police department must be contacted directly to determinate how to access and correct a record.[141]

 

Employment Opportunities

Can juvenile records be viewed for employment purposes?

            Because most juvenile records are public,[142] juvenile offenses may show up on a criminal record. However, a juvenile offense is not legally the same as an adult criminal conviction,[143] so laws that prohibit convicted persons from working in particular jobs may not apply to those who have only been adjudicated delinquent.

What information do employers see?

            The clerk of the family court keeps a case history of each case, known as a register of actions, which contains the offense; the date and title of each filed document; the date of each event and type and result of action; the date of scheduled trials, hearings, and all other appearances or reviews; orders, judgments, and verdicts; the date of adjudication and disposition; and the manner of adjudication and disposition.[144] The clerk also maintains a file folder for each action, which includes all pleadings, copies of summonses, written opinions and findings, orders, judgments, and any other required documents.[145] Where an adjudication results, the employer should be able to access all of this information.

            Information about misdemeanor arrests should not be available if no adjudication resulted. Individuals are protected from the disclosure of these records in their applications for employment or in connection with the terms of employment.[146] An employer shall not request, make, or maintain a record of misdemeanor arrest, detention, and disposition where a conviction did not result.[147] However, felony arrests may still be considered, even if there was no conviction.

What employers are authorized?

            Juvenile records are made available to the general public,[148] so all employers should be able to access non-confidential juvenile records. A juvenile’s “confidential file” may be available to a prospective employer but only if the court permits such access in an individual case. To gain access to a juvenile’s “confidential file” a person must be able to demonstrate a “legitimate interest.”[149] The law does not define “legitimate interest” but leaves it to the judge’s discretion. If an employer is able to show “legitimate interest,” that employer may obtain access to a juvenile’s confidential file.

Can employers view juvenile records that have been sealed or expunged?

            Individuals who have their juvenile records expunged are considered to have never been adjudicated.[150] The state police retain only a nonpublic record of the arrest, fingerprints, adjudication, and disposition of the applicant.[151] This nonpublic record is not available to most employers. It may be considered in a licensing determination conducted by an agency of the judicial branch of state government, or by a law enforcement agency in connection with an application for employment with the law enforcement agency.[152] Thus, beyond law enforcement employment and state licensing, an expunged record should have no impact in the employment context.

            Any person, other than the applicant, who unlawfully divulges information concerning an adjudication that has been set aside is guilty of a misdemeanor.[153] Accordingly, anyone who discloses an expunged record to an employer could face criminal liability.

What type of employers can disqualify applicants based upon their juvenile records?              

            There appears to be no statutory limitation on the ability of any employer to disqualify an applicant based on a juvenile record, unless the record was expunged. If a minor has been convicted in an adult or designated proceeding, (s)he may be excluded from certain types of employment. For instance, if a minor is convicted of certain offenses as an adult, (s)he will be excluded from being employed at a child care center or day care provider.[154]  If a juvenile record was expunged, it may not be disclosed to an employer.[155]

How should juveniles respond to inquiries about their record on job applications?

            Because a juvenile offense is not a criminal conviction,[156] individuals do not have to respond in the affirmative when asked if they have ever been “convicted” of a crime. Also, if a record has been expunged, the individual may report that there was never any record at all.[157]

Licenses: Occupations requiring disclosure of juvenile arrests or adjudications

            Before addressing specific occupations, a few words about general access to and use of juvenile adjudication and criminal records when state licensing boards are making decisions about whether or not to license a particular applicant are in order. Generally, when considering whether to license an applicant, Michigan’s Professions and Occupations Code provides that licensing boards must consider whether the applicant has “good moral character.”[158] Licensing boards, generally speaking, have broad authority to investigate for the purpose of assessing an applicant’s moral character.[159] Criminal convictions that relate to the individual’s ability to serve the public in a “fair, honest, and open manner” may be considered. So, too, civil judgments may be part of their consideration of an applicant’s moral character.[160] Although a juvenile adjudication is a civil matter, it appears that a finding that a juvenile is responsible for an act that would be a crime if committed by an adult could be considered in making a determination about the applicant’s moral character, although the mere fact of adjudication is generally not sufficient bar an applicant from being licensed.[161] Additionally, there is no question that where a juvenile has been found guilty of a criminal offense in either a criminal proceeding (in the general division of circuit court) or in a designated proceeding (where the juvenile is tried in the same manner as an adult in the family court) that conviction may be considered by a licensing board if it bears on the individual’s capacity to perform professional responsibilities in a “fair, honest, and open manner.” While these convictions and civil adjudications may be “considered” they are not in and of themselves sufficient to deny a license.[162] The ultimate determination is whether the individual has “good moral character.”[163] There are several limitations on the use of criminal records.

            Michigan law generally limits the use of criminal records when licensing boards are assessing “good moral character.”[164] First, licensing boards may not consider any record of arrest that is not followed by a conviction.[165] Secondly, if a conviction has been reversed or vacated, neither the record of the conviction nor the records relating to the arrest which led to the conviction may be considered by a licensing board.[166] Next, as noted above, no licensing board may consider a conviction for any crime which is unrelated to the applicant’s likelihood of serving the public in a “fair, honest, and open manner.”[167] Finally, licensing boards may not consider records relating to a conviction of a misdemeanor unless the conviction may result in a jail sentence.[168] As will be made clear below in the discussion of individual occupations, there are a variety of situations in which a licensing board can consider a criminal record.

            Licensing boards may consider either a juvenile’s record of delinquency or a juvenile’s adult conviction when considering whether or not to grant that individual a license for the following professions:

  1. Licensed healthcare worker;
  2. Registered nurse;
  3. Account;
  4. Stock Broker;
  5. Electrician;
  6. Carpenter;
  7. Cosmetologist;
  8. Day care provider;
  9. Teacher

 

Collateral Consequences Affecting Elementary & Secondary Education Students

Can a complaint or charge brought against a juvenile affect his/her elementary or high school education?                                                                         

            Michigan has adopted a Statewide School Safety Information Policy.[169] State law requires that school officials, local law enforcement agencies, and county prosecutors develop a means of implementing this policy for each school district within the state.[170]The policy details the types of incidents occurring at school which must be reported to law enforcement and provides protocols for doing so, and for law enforcement’s response to such referrals.[171] The statewide policy also requires that incidents which are reported to law enforcement which took place on or within 1000 feet of school grounds be reported to school officials.[172] A county prosecutor must report to school officials “any criminal or juvenile court action initiated or taken against a pupil of the school district, including, but not limited to, convictions, adjudications, and dispositions.”[173] Family courts in the state must notify school officials how they may reach probation officers who are charged with overseeing young persons who have been prosecuted.[174] When a student is involved in an incident for which law enforcement is notified, that child’s parents must sign releases to permit school officials to obtain all documentary information about the matter.[175]    

            A school board, superintendent, principal, or other school district official designated by the school board may suspend or expel from school a student guilty of a “gross misdemeanor” or “persistent disobedience” if the school board determines that it is in the interest of the school to do so.[176]

            When a student is found to possess a “dangerous weapon”[177] on school grounds, at a school sponsored activity, or on a school bus, school authorities must notify a local law enforcement agency.[178] Additionally, if a student possesses a “dangerous weapon” in a weapon-free school zone, commits arson on school grounds, or commits criminal sexual conduct on school grounds, the school board must expel the pupil from the school district permanently, subject to possible reinstatement under the school code.[179]

            If a student enrolled in the sixth grade or above commits a physical assault at school against another student and it is reported to the school board, superintendent, or principal, then the student shall be suspended or expelled from the school district for up to 180 school days.[180] If the assault is against a person employed by or engaged as a volunteer or contractor by the school board, the student shall be expelled permanently, subject to possible reinstatement.[181] If the offense is a verbal assault against a school employee, volunteer, or contractor, or if the student makes a bomb threat or similar threat directed at school property or a school-related event, then the student shall be suspended or expelled from the school district for a period of time as determined in the discretion of the school board or its designee.[182]

            A school board may exercise its judgment in delineating what conduct merits disciplinary measures such as suspension or expulsion, and administrators may be allowed to impose the sanction of suspension after a careful observation of school board guidelines.[183]

If a youth is charged or a complaint has been brought against him/her, how long can (s)he be suspended from elementary or secondary education?                  

            If the pupil is charged with bringing a weapon to school, with arson on school grounds or with an act of criminal sexual conduct on school grounds, the pupil must be expelled permanently.[184] However, the pupil may petition the school board to be reinstated after the passage of time[185]

If a youth is suspended from school because of a charge or a complaint brought against him/her, is there any relief available?

            A student who is to be suspended is entitled to the protection of the Due Process Clause of the Fourteenth Amendment.[186] The student must be given oral or written notice of the charges and an opportunity to respond to them.[187] As a general rule, notice and hearing should precede removal of the student from school. Longer suspensions or expulsions for the remainder of the school year may require more formal procedures.

            The parent, legal guardian, or, in certain cases, the student themselves may petition the expelling school board for reinstatement, and the school board must consider the petition.[188]

            A school board must appoint a committee to review a petition for reinstatement no later than ten school days after receiving it.[189] The committee shall review the petition materials and submit a recommendation to the school board on the issue of reinstatement within ten days from their appointment.[190] Then, the school board must make a decision on reinstatement at the next board meeting.[191]

If a youth is adjudicated delinquent or has admitted to committing a crime, is there any effect on elementary or high school education?

            The prosecuting attorney must report to school officials any student’s adjudication in juvenile court or conviction in adult court.[192] The law provides no clear authority for school officials to discipline a pupil simply because (s)he was adjudicated a delinquent if the offense did not occur on school property. However, school boards have broad discretion to fashion disciplinary rules in order to carry out the business of educating children, and it is possible that a pupil could face disciplinary action as a result of a finding of delinquency.[193] Consequently,  if a child is adjudicated delinquent or has committed a crime that school authorities believe would impact the functioning of the school, they would seem to have the authority to suspend or expel the student. A pupil who has been suspended or expelled may be eligible for enrollment in a strict discipline academy, if the school district maintains such an institution.[194]

Can a youth be suspended or face expulsion from elementary or secondary school, even if his/her records are sealed or expunged?

            If a juvenile record is expunged, a school will not have access to the remaining nonpublic record.[195] Even if the school has access to the record, if it is expunged, it is as if the individual had never been found responsible for the offense.[196] However, under Michigan law, an individual cannot petition to expunge a record before (s)he has reached at least the age of twenty-four.[197]

Are there any collateral consequences effecting access to state higher education for a juvenile that has been adjudicated delinquent or charged with a crime?

            State universities generally require their applicants to disclose whether they have been adjudicated by a family court. For example, the University of Michigan asks applicants if they have ever been adjudicated by family court or currently face charges.[198] If the applicant has been adjudicated delinquent, (s)he is expected provide a detailed description of the incident and the punishment received. Similarly, Eastern Michigan University includes a separate “Discipline Form” for every applicant.[199] If the applicant has been found delinquent, (s)he must provide a “statement of explanation” regarding the matter.[200]

If a youth applies for state financial aid must (s)he disclose juvenile arrests or adjudications?

            Most individuals will not have to disclose juvenile arrests and adjudications in their applications for financial aid. The FAFSA form only asks if the applicant has “been convicted for the possession or sale of illegal drugs for an offense that occurred while s/he were receiving federal student aid.”[201] Because juvenile adjudications in the family court are not convictions,[202] they are not required to be disclosed.

 

Collateral Consequences to Receipt of Public Benefits & Privileges

Will a juvenile record affect receipt of public benefits?

            The standard application for public benefits asks whether any person in the applicant’s household has been convicted of fraud for receiving benefits from two or more states at the same time, whether anyone has been convicted of a drug-related felony (after August 22, 1996), or whether anyone in the household is in violation of probation or parole.[203] Juvenile adjudications in Michigan are not “convictions” and these need not be reported.

Will a juvenile record affect chances of becoming a foster parent or adopting a child?

            Federal law requires criminal records checks, including fingerprint-based checks of national crime information databases, for any prospective foster or adoptive parent prior to approval for placement of a child. If a record check reveals a felony conviction for child abuse or neglect, spousal abuse, a crime against children, rape, sexual assault, or homicide, final approval shall not be granted.[204] If a record check reveals a felony conviction for physical assault, battery, or a drug-related offense that was committed within the past five years, final approval shall not be granted.[205] Criminal records checks, including fingerprint-based checks of national crime information databases, will be conducted on any relative guardian before the relative guardian may receive kinship guardianship assistance payments on behalf of the child.[206]

            Under Michigan law, an applicant for a foster care license must submit to a criminal background check.[207]            A person who has been convicted of a certain sex offenses must be denied a license, or if they have been previously licensed, their license must be revoked.[208] For this purpose, “convicted” is defined in the statute as including a juvenile adjudication.[209] So, if an individual, as a juvenile, was found responsible for one of the listed sexual offenses, (s)he can be denied a foster care license.

Can a juvenile record (or that of a household member) affect eligibility for public housing?

            Public housing authorities maintain different standards for eligibility based on criminal activity, so treatment of juvenile records will vary. However, federal law requires the mandatory denial of public housing to individuals subject to lifetime sex offender registration[210] or those convicted of methamphetamine production.[211]

            Delinquency adjudications may also impact access to non-public housing. Under Michigan law, if a juvenile commits an offense at a trailer park or his/her family could be subjected to eviction proceedings.[212] Similarly, if a juvenile were to use a condominium for an illegal purpose (e.g., sale or manufacture of drugs), the owner of the condominium could seek to recover the property from the juvenile’s family.[213]

Can an arrest or an adjudication of a juvenile household member result in a family being evicted from public housing?

            Federal law provides that public housing authorities must evict persons subject to lifetime sex offender registration or convicted of methamphetamine production.[214]

            Public housing authorities may evict persons that use illegal drugs, abuse alcohol, furnish false information, or engage in a variety of criminal activities.[215] While the housing authority has discretion to evict only the offending individual, it may choose to evict the entire family. The housing authority must only provide some evidence that criminal activity has occurred—neither an arrest nor a conviction is necessary. When considering discretionary terminations, the housing authority weighs relevant circumstances, such as the seriousness of the activity, the extent of the leaseholder’s participation, the effect on innocent family members, and the extent to which reasonable steps have been taken to prevent or mitigate the unlawful activity.

            The Supreme Court has held that public housing authorities may evict entire families for the criminal drug activity of an occupant or guest, even if the tenant did not know of the behavior.[216]

            Michigan law provides that public housing authorities may demand immediate possession of a public housing unit if any member of the household, including a juvenile, is suspected of possession, manufacture or delivery of a controlled substance.[217]

Can having a juvenile record affect getting or keeping a driver’s license or permit?                

            A juvenile record for a limited number of offenses can prevent an individual from obtaining an operator’s license.[218] A juvenile record for a limited number of offenses can result in the revocation or suspension of an operator’s license.[219]

 

Collateral Consequences for National Service through National Guard/Reserve

Who can join the National Guard?  

            Individuals age seventeen or older may enlist in the Michigan National Guard, so long as they are either enrolled in high school or already have a high school diploma or GED.[220] Individuals must pass the Armed Forces Vocational Aptitude Battery exam as well as a medical examination.[221] Before enlisting, individuals must undergo a background check.[222]  Those with major criminal convictions will not be permitted to enlist.[223]

            Recruiter will interview applicants regarding any records of arrest, charges, juvenile court adjudications, traffic violations, probation periods, and dismissed or pending charges or convictions, including those that have been expunged or sealed.[224]

            The Michigan volunteer defense force maintains standards that ensure that no person with a serious criminal record is a member.[225]

 

Special Offender Registries  (Sex, Domestic Violence, Predatory Crimes                                                                      

When would a juvenile have to register?

            For the purposes of the Sex Offender Registration Act, juvenile adjudications count as convictions,[226] so juveniles adjudicated for certain “listed offenses” will be required to register as sex offenders in Michigan.[227] Juveniles adjudicated for most of the specified crimes are required to register for twenty-five years,[228] but juveniles adjudicated for the more serious “listed offenses” are required to register for the rest of their lives.[229] Under limited circumstances, an individual can petition to limit the registration period to ten years.[230]

Who has access to the offender registry?   

            The general public has access to the Public Sex Offender Registry at http://www.mipsor.state.mi.us/. Juveniles who are found responsible for offenses other than criminal sexual conduct in the first or second degree will not be listed on the public sex offender registry.[231] Juveniles found responsible for criminal sexual conduct in the fist or second degree will not be listed on the public sex offender registry until they turn 18; once they turn 18, their registration will become public.[232] Juveniles are not listed on the public registry until they turn eighteen. Once they turn eighteen, an individual adjudicated as a sex offender will be listed on the web-based public registry.[233]

Is there any relief for those who are on the offender registry?

            Relief is limited for juveniles that find themselves on the sex offender registry. Because registered juvenile sex offenders are not listed on the public database until they turn eighteen, the registration requirement of the act is not, in the constitutional sense, a form of “punishment” for the juvenile.[234]Under limited circumstances, a juvenile can petition to have registration limited to ten years.[235]

What juvenile information may be disclosed and how?         

            The Public Sex Offender Registry (“PSOR”) is a database containing the names, addresses, registration information, physical characteristics, campus or school information (if applicable), conviction information, and photographs of sex offenders in Michigan.[236] The PSOR is available online and contains a search function that allows the public to search by age, name, zip code, city, county, and university.[237]

            The public sex offender registry includes only juvenile sex offenders who are found (by plea or adjudication) to have committed criminal sexual conduct in the first or second degree.[238] Moreover, a juvenile who has been convicted of criminal sexual conduct in the first or second degree will be listed on the publically available registry upon reaching age eighteen.[239]

 

 


[1] Michael Pinard, The Logistical and Ethical Difficulties of Informing Juveniles About the Collateral Consequences of Adjudications, 6 Nev. L.J. 1111 (2006).

[2] Mich. Comp. Laws Ann. § 712A.1(2) (2010).

[3] See e.g., People v. McFarlin, 208 N.W.2d 504 (Mich. 1973) (holding that an adult’s juvenile record can be weighed by a judge at sentencing).

[4] MCR 3.941 (2010); People v. Davidovich, 606 N.W.2d 387, 390 (Mich. Ct. App. 1999).

[5] Pinard, supra note 1; Robert E. Shepherd, Jr., Collateral Consequences of Juvenile Proceedings Part I,  Crim. Just., Summer 2000, at 59.

[6]  Mich. Comp. Laws Ann § 712A.2(a) (2010).

[7]  Mich. Comp. Laws Ann § 712A.1(2) (2010).

[8] People v. Conat, 605 N.W.2d 49, 61-62 (Mich. Ct. App. 1999).

[9]  Mich. Comp. Laws Ann § 712A.2(a)(1) (2010);  Mich. Comp. Laws Ann. § 712A.4 (2010).

[10]  Mich. Comp. Laws Ann. § 712A.4 (2010).

[11] Mich. Comp. Laws Ann. § 712A.4(3) (2010).

[12] Mich. Comp. Laws Ann. § 712A.4(4) (2010).

[13] Frank E. Vandervort & William E. Ladd, The Worst of All Possible Worlds: Michigan’s Juvenile Justice System and International Standards for the Treatment of Children, 78 U. Det. Mercy L.R. 203, 241(2001).

[14] See Mich. Comp. Laws Ann. § 712A.2(a)(1) (2010) (“including burning a dwelling house; assault with intent to commit murder; assault with intent to maim; assault with intent to rob and steal, armed; attempt to murder; first degree murder; second degree murder; kidnapping; criminal sexual conduct in the first degree; use of a dangerous weapon, aggravated assault; carjacking; bank, safe and vault robbery as “specified juvenile violations.”).

[15] Vandervort & Ladd, supra note 13 at 243. 

[16] Mich. Comp. Laws Ann. § 712A.4(5) (2010).

[17] Mich. Comp. Laws Ann. § 712A.2d (2010). When a juvenile is tried “in the same manner as an adult” in the family court, “the proceedings are criminal proceedings and shall afford all procedural protections and guarantees to which the juvenile would be entitled if being tried for the offense in a court of general criminal jurisdiction.” Mich. Comp. Laws Ann. § 712A.2d(7) (2010). If convicted, the juvenile may be sentenced as a juvenile, as an adult or as essentially both. These sentences begin as a juvenile sentence but may end in resentencing as an adult. See Mich. Comp. Laws Ann. § 712A.19(m) (2010).

[18] Mich. Comp. Laws Ann. § 712A.2d(1) (2010).

[19] Mich. Comp. Laws Ann. § 712A.2d(2) (2010).

[20] Id.

[21] Mich. Comp. Laws Ann. § 712A.28 (2010).

[22] MCR 3.925(A)(1).

[23] MCR 3.925(A)(2); Mich. Comp. Laws Ann. § 712A.17b (2010).

[24] MCR 3.925(A)(2).

[25] MCR 3.925(B); Mich. Comp. Laws Ann. § 712A.17(1) (2010).

[26] MCR 3.925(D)(1).

[27] MCR 3.903(A)(3)(defining “confidential file”); MCR 3.903(A)(8) (defining “file”); MCR 3.925(D) (addressing access to files).

[28] MCR 3.925(E)(2)(c). The court will maintain the register of action. MCR 3.903(A)(26); MCR 8.119(D)(1)(c). Additionally, the court must maintain a permanent record of whether the juvenile defendant was represented by an attorney. MCR 3.925(D)(2)(d).

[29] MCR 3.931.

[30] Mich. Comp. Laws Ann. § 712A.11(2) (2010).

[31] MCR 3.932(A).

[32] MCR 3.932(C). Counties in Michigan handle the timing of placing cases on the consent calendar and the informal plea-taking very differently.

[33] MCR 3.932(C)(2); MCR 3.932(C)(3).

[34] MCR 3.932(C)(7).

[35] MCR 3.925(E)(2)(b).

[36] MCR 3.932(C)(8).

[37] MCR 3.925(E)(2)(b).

[38] Mich. Comp. Laws Ann. § 722.827 (2010).

[39] Mich. Comp. Laws Ann. § 722.829 (2010). Disclosure of diversion records for purposes other than those explicitly provided for in the statute constitutes a misdemeanor.

[40] MCR 3.925(E)(2)(a).

[41] MCR 3.932(D).

[42] MCR 3.965.

[43] MCR 3.935(B)(7) (citing MCR 3.932(D)).

[44] See generally MCR 3.922.

[45] MCR 3.941.

[46] MCR 3.942.

[47] MCR 3.913. In some counties the court will presume the child wants the case heard before a referee unless he or she files a written demand for the case to be placed on a judge’s docket.

[48] MCR 3.912.

[49] MCR 3.911; Mich. Comp. Laws Ann. § 712A.17(2) (2010).

[50] MCR 3.943.

[51] Mich. Comp. Laws Ann. § 712A.18 (2010).

[52] Mich. Comp. Laws Ann. § 712A.2a(1) (2010).

[53] Mich. Comp. Laws Ann. § 712A.2a(2) (2010).

[54] MCR 3.945.

[55] MCR 3.941 (2010);  People v. Davidovich, 606 N.W.2d 387, 390 (Mich. Ct. App. 1999).

[56] Padilla v. Kentucky, 130 S. Ct. 1473, 1486, 176 L. Ed. 2d 284, 78 USLW 4235 (2010).

[57] Mich. Comp. Laws Ann. § 28.243(1) (2010), see generally MCR 3.923(C)..

[58] Id.

[59] Id.

[60] MCR 3.936(B).

[61] Id.

[62] MCR 3.936(D).

[63] Mich. Comp. Laws Ann. § 28.243(8) (2010).

[64] MCR 3.923(C).

[65] Id.

[66] Mich. Comp. Laws Ann. § 712A.18k (2010); Mich. Comp. Laws Ann. § 28.176 (2010).

[67] For a definition of “disorderly person” see Mich. Comp. Laws Ann. § 750.167 (2010).

[68] Mich. Comp. Laws Ann. § 712A.18k(1)(a) (2010).

[69] Mich. Comp. Laws Ann. § 28.173a (2010).

[70] Mich. Comp. Laws Ann. § 712A.18k(3) (2010).

[71] Mich. Comp. Laws Ann. § 28.176(1) (2010).

[72] Mich. Comp. Laws Ann. § 712A.28(2) (2010); MCR 3.925.

[73] Mich. Comp. Laws Ann. § 712A.28(2) (2010).

[74] See Mich. Comp. Laws Ann. §§ 600.1060-600.1082(2010).

[75] Mich. Comp. Laws Ann. § 600.1076(6) (2010).

[76] Aetna Cas. & Sur. Co. v. Barnard, 227 N.W.2d 551, 553 (Mich. 1975).

[77] See Mich. Comp. Laws Ann. §§ 15.231-15.246(2010); State News v. Michigan State University, 735 N.W.2d 649 (Mich. Ct. App. 2007), rev’d in part on other grounds, aff’d in part, 753 N.W.2d. 20 (Mich. Sup. Ct. 2008).

[78] See id.

[79] Mich. Comp. Laws Ann. § 37.2205a(1) (2010).

[80] See Mich. Comp. Laws Ann. §§ 15.231-15.246(2010); State News v. Michigan State University, 735 N.W.2d 649 (Mich. Ct. App. 2007), rev’d in part on other grounds, aff’d in part, 753 N.W.2d 20 (Mich. Sup. Ct. 2008).

[81] See Michigan State Police Internet Criminal History Access Tool, http://www.michigan.gov/ICHAT (last visited June 30, 2010).

[82] See, e.g., Mich. Comp. Laws Ann. § 380.1230 (2010) (relating to employment by school board); Mich. Comp. Laws Ann. § 722.115d (2010) (relating to employment at child care or day care center).

[83] Mich. Comp. Laws Ann. § 37.2205a(1) (2010).

[84] Id.

[85] See Mich. Comp. Laws Ann. §§ 15.231-15.246(2010); State News v. Michigan State University, 735 N.W.2d 649 (Mich. Ct. App. 2007), rev’d in part on other grounds, aff’d in part, 753 N.W.2d 20 (Mich. Sup. Ct. 2008).

[86] Mich. Comp. Laws Ann. § 712A.28 (2010).

[87] Id. See also Mich. Comp. Laws Ann. §§ 722.821-722.831(2010).

[88] Mich. Comp. Laws Ann. § 712A.28(2) (2010).

[89] MCR 3.925(D). Many courts in Michigan now record hearings on audiotape or DVD.

[90] See MCR 3.903(A)(8).

[91] See MCR 3.903(A)(3)(defining “confidential file”).

[92] MICH. COPM. LAWS ANN. § 28.251(requiring local law enforcement agencies to make a monthly crime report to the State Police); MICH. COMP. LAWS ANN. § 28.243(6) (requiring that if a juvenile is fingerprinted pursuant to the requirements of the Juvenile Code, those fingerprints must be forwarded to the Michigan State Police).

[93] See ICHAT, supra note 81.

[94] Mich. Comp. Laws Ann. §§ 15.231-15.246 (2010); State News v. Michigan State University, 735 N.W.2d 649 (Mich. Ct. App. 2007), rev’d in part on other grounds, aff’d in part, 753 N.W.2d 20 (Mich. Sup. Ct. 2008).

[95] Mich. Comp. Laws Ann. § 712A.28(2) (2010).

[96] MCR 3.925(D).

[97] MCR 8.119(D).

[98] MCR 8.119(D)(1)(c).

[99] MCR 8.119(D)(1)(d).

[100] See MCR 3.903(A)(3) and (8)(2010)(defining “confidential file” and “file”).

[101] Id.

[102] MCR 9.119(F).

[103] Mich. Comp. Laws Ann. § 712A.18e (2010).

[104] Id.

[105] Mich. Comp. Laws Ann. § 712A.18e(9) (2010).

[106] Mich. Comp. Laws Ann. § 712A.18e(1) (2010); See In re Hutchinson, 748 N.W.2d 604 (Mich. Ct. App. 2008) (holding that where a juvenile was adjudicated for more than one offense in a single proceeding, he was not eligible to have the adjudications set aside).

[107] Mich. Comp. Laws Ann. § 712A.18e(2) (2010).

[108] Mich. Comp. Laws Ann. § 712A.18e(3) (2010).

[109] MCR 3.925(E)(2)(a).

[110] MCR 3.932(B)(7).

[111] MCR 3.925(E)(2)(b).

[112] MCR 8.119(F).

[113] Mich. Comp. Laws Ann. § 712A.18e(4) (2010).

[114] Mich. Comp. Laws Ann. § 712A.18e(5) (2010).

[115] Mich. Comp. Laws Ann. § 712A.18e(6) (2010).

[116] Mich. Comp. Laws Ann. § 712A.18e(7) (2010). Mich. Comp. Laws Ann. § 770.9a(3) (2010) identifies “assaultive offenses” to include those committed in violation of Mich. Comp. Laws Ann. § 750.81c (threats, assaults, and batteries against department of human services employees), § 750.82 (felonious assault), § 750.83 (assault with intent to murder), § 750.84 (assault with intent to do great bodily harm), § 750.86 (assault with intent to maim), § 750.87 (assault with intent to commit a felony), § 750.88 (assault with intent to rob and steal unarmed), § 750.89 (assault with intent to rob and steal while armed), § 750.90a (intentional harm to a pregnant person which result in miscarriage or stillbirth), § 750.90b (intentional conduct resulting in death or injury to fetus), § 750.91 (attempt to murder), §§ 750.200-750.212a (crimes having to do with manufacturing, possessing or using explosive devices),§ 750.316 (first degree murder), § 750.317 (second degree murder), § 750.321(manslaughter), § 750.349 (kidnapping), § 750.349a (prisoner taking another as a hostage), § 750.350 (kidnapping child under 14), § 750.397 (mayhem), § 750.411h (stalking), § 750.411i (aggravated stalking), § 750.520b (criminal sexual conduct in the first degree), § 750.520c (criminal sexual conduct in the second degree), § 750.520d (criminal sexual conduct in the third degree), § 750.520e (criminal sexual conduct in the fourth degree), § 750.520g (assault with intent to commit criminal sexual conduct), § 750.529 (armed robbery), § 750.529a (carjacking), § 750.530 (robbery), and §§ 750.543a to 750.543z (various charges dealing with terrorism). Under Mich. Comp. Laws Ann. § 780.811(1)(a) (2010), “serious misdemeanor” refers to offenses committed in violation of § 750.81 (assault and battery; domestic violence), § 750.81a (assault and infliction of serious injury), § 750.115 (breaking and entering), § 750.136b (child abuse), § 750.145 (contributing to the neglect or delinquency of a child), § 750.145d (use of computer or internet to commit a crime), § 750.233 (intentionally pointing or aiming a firearm at another), § 750.234 (intentional discharge of a firearm), § 750.235 (maiming or injuring by intentional discharge of a firearm), § 750.335a (parent of minor who violates provisions of the weapon free school zone), § 750.411h (stalking), § 257.601b (moving violation in work or school zone), § 257.617a (drivers involved in accident resulting in injury), § 257.625 (operating a vehicle while under the influence of liquor or controlled substance), § 436.1701 (sale of alcohol to minor), § 324.80176 (operation of boat under the influence), a local ordinance substantially corresponding to one of these violations, or a violation charged as a serious misdemeanor but subsequently reduced to or pleaded to as a misdemeanor.

[117] Mich. Comp. Laws Ann. § 712A.18(e)(8) (2010).

[118] Mich. Comp. Laws Ann. § 712A.18(e)(9) (2010).

[119] See Mich. State Ct. Admin. Office, Getting a Juvenile Adjudication Removed, http://courts.michigan.gov/scao/selfhelp/family/setaside_help.htm (last visited June 30, 2010).

[120] Mich. Comp. Laws Ann. § 712A.18e(16) (2010).

[121] Mich. Comp. Laws Ann. § 712A.18e(13)(a),(b) (2010).

[122] Mich. Comp. Laws Ann. § 712A.18e(13)(c) (2010).

[123] Mich. Comp. Laws Ann. § 712A.18e(13)(e) (2010).

[124] Mich. Comp. Laws Ann. § 712A.18e(13)(d) (2010).

[125] MCR 8.119(F).

[126] Id.

[127] Mich. Comp. Laws Ann. § 712A.18e(13) (2010).

[128]Id.

[129] MCR 8.119(F)(5).

[130] MCR 8.119(F)(6).

[131] Mich. Comp. Laws Ann. § 712A.18e(11) (2010).

[132] MICH. COMP. LAW ANN. § 712a.11(6)(2010)

[133] Id.; see MCR 3.922(C) (2010).

[134] American Civil Liberties Union of Michigan, How Do I Clear My Name? A Guide To Help You Correct Your Record If It Contains Crimes You Did Not Commit, http://www.aclumich.org/issues/criminal-justice/2005-07/1131 (last visited June 30, 2010).

[135] See ICHAT, supra note 81.

[136] Mich. State Police, Request for Public Records, Michigan Freedom of Information Act, http://www.michigan.gov/documents/ri-101_6455_7.pdf (last visited June 30, 2010); Affidavit of Indigence, http://mi-mall.michigan.gov/webapp/wcs/stores/servlet/ICHAT/IndigenceForm.pdf (last visited June 30, 2010).

[137]See How Do I Clear My Name?, supra note 134.

[138]See id.

[139] See id.

[140] See id.

[141] See id.

[142] Mich. Comp. Laws Ann. § 712A.28 (2010).

[143] Mich. Comp. Laws Ann. § 712A.1(2) (2010).

[144] MCR 8.119(D)(1)(c).

[145] MCR 8.119(D)(1)(d).

[146] Mich. Comp. Laws Ann. § 37.2205a(1) (2010).

[147] Id.

[148] Mich. Comp. Laws Ann. § 712A.28 (2010).

[149] MCR 3.925(D)(2).

[150] Mich. Comp. Laws Ann. § 712A.18e(11) (2010).

[151] Mich. Comp. Laws Ann. § 712A.18e(13) (2010).

[152] Mich. Comp. Laws Ann. § 712A.18e(13)(a),(b) (2010).

[153] Mich. Comp. Laws Ann. § 712A.18e(16) (2010).

[154] Mich. Comp. Laws Ann. § 722.115d (2010).

[155] Mich. Comp. Laws Ann. § 712A.18e(16) (2010).

[156] Mich. Comp. Laws Ann. § 712A.1(2) (2010).

[157] Mich. Comp. Laws Ann. § 712A.18e(11) (2010).

[158] Mich. Comp. Laws Ann. § 338.41-47 (2010).

[159] See, e.g., Mich. Comp. Laws Ann. § 333.16221 (2010).

[160] MICH. COMP. LAWS ANN. § 338.42 (2010).

[161] Id. However, for some specific professions, a conviction of certain offenses may bar the applicant. For instance, one convicted of or adjudicated for a sex offense may be prohibited from obtaining certain professionals licenses. See e.g., MICH. COMP. LAWS ANN. § 722.115C(2010)(addressing issuance of day care licenses).

[162] Id.

[163] Id.

[164] Mich. Comp. Laws Ann. § 338.43 (2010).

[165] Mich. Comp. Laws Ann. § 338.43(1)(a) (2010).

[166] Mich. Comp. Laws Ann. § 338.43(1)(b) (2010).

[167] Mich. Comp. Laws Ann. § 338.43(1)(c) (2010).

[168] Mich. Comp. Laws Ann. § 338.43(1)(d) (2010).

[169] Mich. Comp. Laws Ann. § 380.1308 (2010); see also State of Mich. Dep’t of Educ. et al., Statewide School Safety Information Policy, www.michigan.gov/documents/schsfty_8356_7.pdf (last visited June 30, 2010).

[170] Mich. Comp. Laws Ann. § 380.1308(1) (2010).

[171] Mich. Comp. Laws Ann. § 380.1308(2) (2010).

[172] Mich. Comp. Laws Ann. § 380.1308(4) (2010).

[173] See Statewide School Safety Information Policy, supra note 188 at 10; see also Mich. Comp. Laws Ann. § 380.1308(5) (2010) (requiring the prosecuting attorney to notify school authorities of these matters “If provided in the statewide school safety information policy”).

[174] See Statewide School Safety Information Policy, supra note 188 at 10; see also Mich. Comp. Laws Ann. § 380.1308(6) (2010).

[175] Mich. Comp. Laws Ann. § 380.1308(10) (2010).

[176] Mich. Comp. Laws Ann. § 380.1311(1) (2010). The statute does not define either “gross misdemeanor” or “persistent disobedience.”

[177] “Dangerous weapon” is defined as “a firearm, dagger or stiletto, knife with a blade over 3 inches in length, pocket knife opened by mechanical device, iron bar, or brass knuckles.” Mich. Comp. Laws Ann. § 380.1313(4) (2010).

[178] Mich. Comp. Laws Ann. § 380.1313 (2010).

[179] Mich. Comp. Laws Ann. § 380.1311(2) (2010). However, a school board is not required to expel a pupil for possessing a weapon if the pupil establishes in a clear and convincing manner at least one of the defenses specified in the statute. In Davis v.Hillsdale Community Sch. Dist., 573 N.W.2d 77 (Mich. Ct. App. 1997), the court ruled that the school district was within its rights to permanently expel a student for bringing a BB gun onto school property.

[180] Mich. Comp. Laws Ann. § 380.1310(1) (2010).

[181] Id.

[182] Mich. Comp. Laws Ann. § 380.1310(2) (2010).

[183]Darby v. School, 544 F. Supp. 428, 435 (W.D. Mich. 1982).

[184] Mich. Comp. Laws Ann. § 380.1311(2) (2010).

[185] Mich. Comp. Laws Ann. § 380.1311(2), (5) (2010). If the child is in fifth grade or below, the petition for reinstatement may be filed after the child has been suspended for sixty school days. Where the child is insixth grade or higher, he or she may petition for reinstatement after 150 school days. 

[186]Goss v. Lopez, 419 U.S. 565, 579 (1975).

[187] Id. at 579.

[188] Mich. Comp. Laws Ann. § 380.1311(5) (2010).

[189] Mich. Comp. Laws Ann. § 380.1311a(5)(e) (2010).

[190] Id.

[191] Mich. Comp. Laws Ann. § 380.1311a(5)(f) (2010).

[192] Statewide School Safety Information Policy, supra note 188; Mich. Comp. Laws Ann. § 380.1308(5) (2010).

[193] Mich. Comp. Laws Ann. § 380.11a(3)(b) (2010); See Davis v Hillsdale Community Sch. Dist., 573 N.W.2d 77 (Mich. Ct. App. 1997) (holding school authorities were within their power to expel students for possession of BB gun on school grounds although possession of such a BB gun was not prohibited by school code).

[194] Mich. Comp. Laws Ann. § 380.1311g (2010).

[195] Mich. Comp. Laws Ann. § 712A.18e (2010).

[196] Mich. Comp. Laws Ann. 712A.18e(11) (2010).

[197] Mich. Comp. Laws Ann. 712A.18e(3) (2010).

[198] See University of Michigan 2010 Application for Freshman Undergraduate Admission, http://www.admissions.umich.edu/applying/Application2010.pdf (last visited June 30, 2010) (Question # 56 on the application reads, “Have you ever been convicted of a criminal offense, or found to be delinquent by a juvenile court, or are there any such charges pending against you at this time?”).

[199] See Eastern Michigan University Disciplinary Form, http://www.emich.edu/admissions/forms_library/general_all_students/disci... (last visited June 30, 2010).

[200] Id.

[201] Fed. Student Aid, U.S. Dep’t of Educ., Free Application for Student Aid (FAFSA) July 1, 2010 – June 30, 2011, http://federalstudentaid.ed.gov/static/gw/docs/2010-11_PDF_FAFSA_English... (last visited June 30, 2010).

[202] Mich. Comp. Laws Ann. § 712A.1(2) (2010).

[203] See Michigan Standard Assistance Application with Information Booklet; see also Bridges Eligibility Manual 203, Criminal Justice Disqualifications (2009), http://www.mfia.state.mi.us/olmweb/ex/bem/203.pdf (last visited September 17, 2010).

[204] 42 U.S.C. § 671(20)(A)(i) (2010).

[205] 42 U.S.C. § 671(20)(A)(ii) (2010).

[206] 42 U.S.C. § 671(20)(C) (2010).

[207] Mich. Comp. Laws Ann. § 722.115g (2010) and Mich. Comp. Laws Ann. § 722.115j (2010). Michigan’s foster care licensing rules incorporate this requirement. See also MCR  400.9205(1).

[208] See Mich. Comp. Laws Ann. § 722.115(16) (2010); Mich. Comp. Laws Ann. § 722.115c (2010).

[209] See Mich. Comp. Laws Ann. § 28.722 (2010).

[210] 42 U.S.C. § 13663(a) (2010).

[211] 42 U.S.C. § 1437n(f) (2010).

[212] Tenancy in a mobile home park may be terminated if a tenant of the park causes physical injury to a member of the park’s personnel or damage to the park’s property. Mich. Comp. Laws Ann. § 600.5775 (2010). This provision of the law is sometimes used in order to evict families from mobile home parks when their children commit delinquent acts in the park.

[213] Mich. Comp. Laws Ann. § 559.204b (2010).

[214] 42 U.S.C. § 1437d(l) (2010).

[215] 42 U.S.C. § 13661 (2010); 24 C.F.R. § 966.4.

[216] Dep’t of Housing & Urban Dev. v. Rucker, 535 U.S. 125, 136 (2002).

[217] Mich. Comp. Laws Ann. § 600.5714 (2010).

[218] Mich. Comp. Laws Ann. § 257.303 (2010).

[219] Mich. Comp. Laws Ann. § 257.319 (2010).

[220] Mich. Army Nat’l Guard, Frequently Asked Questions About the Mich. Army Nat’l Guard, https://www.mi.ngb.army.mil/faq/ (last visited June 30, 2010).

[221] Id.

[222] Id.

[223] Id.

[224] AR 601-210, 2-11 (dealing with “[m]oral and administrative criteria”).

[225] Mich. Comp. Laws Ann. § 32.651(7)(d).

[226] Mich. Comp. Laws Ann. § 28.722(a)(iii), (iv) (2010).

[227] Mich. Comp. Laws Ann. § 28.723 (2010).

[228] Mich. Comp. Laws Ann. § 28.725(7) (2010) (“an individual shall comply with this section for 25 years after the date of initially registering or, if the individual is in a state correctional facility, for 10 years after release from the state correctional facility, whichever is longer.”); Mich. Comp. Laws Ann. § 28.722 (2010) (detailing offenses that trigger the twenty-five year registration requirement).

[229] Mich. Comp. Laws Ann. § 28.725(8) (2010) (explaining that offenses requiring lifetime registration include criminal sexual conduct in the first and second degree, kidnapping a victim less than eighteen years of age, or involving a child in sexually abusive activity or material).

[230] Mich. Comp. Laws Ann. § 28.728c (2010).

[231] Mich. Comp. Laws Ann. § 28.728 (2010); see generally In re Wentworth, 651 N.W.2d 773, 777  (2002).

[232] Id.

[233] Id.

[234] People v. Dipiazza, 778 N.W.2d 264, 269 (Mich. Ct. App. 2009).

[235] Mich. Comp. Laws Ann. § 28.728c (2010).

[236] Mich. Comp. Laws Ann. § 28.728(4) (2010).

[238] Mich. Comp. Laws Ann. § 28.728(3)(a) (2010).

[239] Id.

Resources/Links

Michigan Bureau of Juvenile Justice
http://www.michigan.gov/dhs/0,1607,7-124-5452_34044---,00.html
The Michigan Juvenile Justice Collaborative
http://www.miccd.org/juvenile_justice.php
Juvenile Justice Association of Michigan
http://www.juvenilejusticemi.org/
The Inter-University Consortium for Political and Social Research- Juvenile Court Statistics Series
http://www.icpsr.umich.edu/icpsrweb/ICPSR/series/74;jsessionid=A1ADAA99E95D300910756731ED249702
Michigan State Appellate Defender's Office
http://www.sado.org/
Wayne County Prosecutor's Office
http://www.waynecounty.com/prosecutor/