Michigan law governing the setting aside of juvenile adjudications is found in MCL 712A.18e and MCL 712A.18t, both of which are expressly referenced by MCR 3.925(F)(1). Together, these provisions establish two complementary pathways—one automatic, one application-based—through which a person who was adjudicated delinquent as a juvenile may clear that record and regain the opportunities that a juvenile adjudication can foreclose.

The automatic set-aside process under MCL 712A.18t took effect December 30, 2023, pursuant to an executive directive that adjusted the statute’s original implementation date. Under this provision, an adjudication is set aside by operation of law, without any filing by the affected person, two years after the termination of court supervision or when the person reaches age 18, whichever occurs later. The automatic process does not apply, however, to adjudications for offenses described in MCL 712A.2(a)(1)(A)-(I) (specified juvenile violations), nor to adjudications or convictions for certain enumerated statutory violations, including MCL 750.82 (felonious assault), MCL 750.136b (child abuse in the first and second degrees), MCL 750.520d (third-degree criminal sexual conduct), and MCL 750.543k (material support of terrorism). Notably, the attorney general and prosecuting attorney are expressly prohibited from contesting the automatic set-aside process under MCL 712A.18t(3).

For adjudications that do not qualify for automatic set-aside, or for individuals who wish to set aside adjudications on an accelerated basis or beyond what the automatic process allows, MCL 712A.18e provides the application-based mechanism. The statute permits a person to apply to set aside a limited number of adjudications—no more than one felony-equivalent and no more than three total—subject to the limitation that the person must have no felony convictions. The application cannot be filed until at least one year after the termination of court supervision. MCL 712A.18e(2) separately excludes from eligibility any adjudication for an offense that would carry a maximum penalty of life imprisonment if committed by an adult, and any conviction entered in a designated proceeding in the Family Division.

The application procedure requires the applicant to submit a sworn written application containing the elements specified in MCL 712A.18e(4)(a)-(g), including a certified record of the adjudication, statements that no other felony convictions exist and no other applications are pending, and consent to maintenance of a nonpublic record by the Department of State Police. The applicant must also submit two complete sets of fingerprints to the Department of State Police under MCL 712A.18e(6), which conducts a records check and reports to the court before the hearing is held. A copy of the application must be served on the Attorney General and the prosecuting attorney, each of whom has 35 days within which to contest the application. Where the adjudication involved an assaultive crime or serious misdemeanor as defined by reference to MCL 770.9a and MCL 780.796a, the prosecutor must notify the victim, who is entitled to appear and make a statement at the hearing. A successful order setting aside the adjudication creates a nonpublic record maintained by the Department of State Police under MCL 712A.18e(13), ensuring the adjudication is no longer accessible to the general public while preserving law enforcement access for specified purposes.