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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16561
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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if a minor, age 17, was convicted of a non-violent felony in

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if a minor, age 17, was convicted of a non-violent felony in 1979 in Michigan and served less than one year- weekends in county jail, would that record be available to FBI national search or is it closed due to the minor's age? this question is pertinent to obtaining licensing through Board of Registrars in AZ this year. Of course  this would be disclosed on the application or should we not disclose this on the application?

Submitted: 11 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 11 months ago.
Hello,

My name is XXXXX XXXXX I am a criminal lawyer.

In Arizona, unfortunately, juvenile convictions are not automaticallysealed. (see link) So presently, this should show on an FBI background check and also would be something he'd have to disclose on an application.

As he was under 18 at the time of his arrest, if he received probation, he would be eligible to get his juvenile record expunged. Once that happened, records would then be destroyed and he would have the legal right to say he'd never been convicted of a crime. This is something that can be done without a lawyer, and while I cannot tell you how quick it would be for the process to be completed, with a felony record it may be worhtwhile to have the expungement before applying for licenses and jobs.

The licensing agency would be able to see his record anyway, but it will carry some weight that it was expunged.

You can read more about this here.
Customer: replied 11 months ago.


did you get my previous reply?

Customer: replied 11 months ago.
Relist: Incomplete answer.
Expert:  Zoey_ JD replied 11 months ago.

Nope! I see only my own answer. And your query as to whether I saw your reply and the fact that you relisted the question.

Please use the reply tab below to reply again so that I can see what else you wanted to know..

Customer: replied 11 months ago.
Relist: Incomplete answer.
we had sent an additional question but it was not answered
Customer: replied 11 months ago.


Thank you! we were all over the site trying to figure out where it went....now I am 51 years old and have tried unsuccessfully to acquire expungement in Michigan because of a second misdemeanor conviction while still a minor. Was told by the my public defender a few years ago that only the Gov. of MI could expunge my case. Is there a fast track way to obtaining expungement if I have been more or less turned down verbally by the un-cooperative prosecuting atty? or is it impossible due to the second conviction?

 

also, in your initial answer you stated that AZ does not seal minor convictions...I currently reside in AZ but since the conviction was in MI would that be open to AZ?

Expert:  Zoey_ JD replied 11 months ago.
Hi,

This site has a learning curve. Some customers respond to the email that a message came through, and those end up in cyberspace. The reply has to go on the thread.

In any case, the second offense does make a difference, as the standard expungement would appear to be impossible, since the public defenders would certainly know that. I think they are telling you to apply for a pardon from the governor.

Bureaucracies tend to grind slowly, and I can't say that the pardon or the expungement process can be expedited. It depends upon how thoroughly the system checks into your background and cases.

There are lawyers, however, who specialize in pardons, expungments, and the restoration of civil rights, and you might want to consult with one, to see just how quickly anything can get done and what kind of a chance you have. These are discretionary, not mandatory, even when you're eligible to apply.

You can find one of them by calling the AZ Bar Association's Lawyer referral service. Their referral is about $50 but it includes a free half hour consultation with the attorney.

Expert:  Zoey_ JD replied 11 months ago.
OOPS!

I seized on AZ and yes, you need Michigan law. Hold on while I look that up for you.
Expert:  Zoey_ JD replied 11 months ago.
Hi,

Atypically, the Michigan law is similar in several respects to Arizona's. Juvenile records are not automatically sealed. YOu would have to apply to have the matter set aside. That's the term Michigan uses for an expungement. It's along the lines of a dismissal.

Unfortunately, as you've already learned from the Public defender's office, Michigan will only allow the first of your convictions to be set aside, so it isn't particularly helpful to you as you've got two. You can see the expungement law of your state here. (see link)

Here's some information on the Pardon process in Michigan. (See link) Pardons are a long shot but you've been out of trouble for a long time and that counts in your favor.

The Lawyer Referral Service
for the state of Michigan is here and an expungment/pardon attorney can give you an indication of whether the likelihood of being able to get the governor to grant your request is going to be worth the money.

One other probably expensive longshot would be to hire a criminal attorney to reopen your own old case and petition to get the charge dismissed in the interest of justice.

This would not be supported by the penal and procedural laws in your state. However, a judge always has power under Equity to grant a petition like that even when the law doesn't provide for it, if it is necessary to prevent an injustice from occurring.

Courts are sparing in their use of the equity power and many judges will not touch this at all, but it is something you could explore with a local criminal lawyer who would be able to tell you how viable this would be with your particular judge and whether it would be worth the money you'd have to lay out to get it done.

I wish you luck.
Customer: replied 11 months ago.

Thank you for your time Fran, one last question and I know there are no guarantees, if I just denied everything on the application for home inspector certification in regards XXXXX XXXXX misdemeanor or felony conviction- what do you think the chances are that the system would catch it? I hate to think that a stupid kid, now an adult who knows better, should have so many doors closed when trying to better oneself.
again thank you!

Expert:  Zoey_ JD replied 11 months ago.

Hi,

Can't say for sure. You're going back a long time and I don't know how long your state has had computer records. Old enough, and it could definitely have gotten lost in the transition from microfiche to computer.

You can get yourself a copy of your official FBI RAP sheet and see exaclty what your licensing agency would see and find out if you're one of the lucky ones whose offense has fallen through the cracks.

There are two ways you could get it done. One way is to order the fingerprint card, take it to the police, and send it back through the mail to the FBI. It's inexpensive but probably slow. The other is to get electronically printed at an FBI approved center. That's quick but you pay more for the technology.

You can find out how to do either here.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16561
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 2 other Criminal Law Specialists are ready to help you
Customer: replied 11 months ago.

Fran,you are a glimmmmer of hope, I hope the universe smiles upon you and your dreams are filled with abundance. I would like to make sure I have your contact info for future use to let you know how it goes. If you would like to share your info with me. Thank you so very much for all your expertise.

Expert:  Zoey_ JD replied 11 months ago.
Unfortunately, the site does not allow us to exchange our personal identifying details. But you can always find me here by posting a question in Criminal or Legal and putting "For FranL" as the first two words of your question. Then my name would appear in the subject heading of the question where I couldn't miss it.

Good luck with this!

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