Free mc227.pmd - Michigan

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Original - Court 1st copy - Defendant 2nd copy - Prosecuting official

3rd copy - Attorney General 4th copy - State Police 5th copy - Return

STATE OF MICHIGAN JUDICIAL DISTRICT JUDICIAL CIRCUIT
ORI Court address

CASE NO. APPLICATION TO SET ASIDE CONVICTION
Court telephone no.

MIPolice Report No.

The State of Michigan THE PEOPLE OF v

Defendant name, address, and telephone no.

CTN

SID

DOB

Before completing this form, please see other side for instructions.

1. On

Date

I was convicted of the following offense:

2.

. A certified record of this conviction is attached. I was not imprisoned for this offense. I was discharged from imprisonment for this offense on . Date No other application has been filed to set aside this or any other conviction. OR An application was filed to set aside this conviction. a conviction for .

The application was disposed of as follows: . 3. At least five years have elapsed since the sentence was imposed or since I was discharged from imprisonment for the conviction. No other criminal charges are pending against me. I have not been convicted of any other offense. 4. I request that the court issue an order to set aside the above conviction as provided by law. I consent to the use of any nonpublic record created by law to the extent authorized.
Date Applicant signature Date

Subscribed and sworn to before me on My commission expires:
Date

, Signature:
Deputy clerk/Notary public

County, Michigan.

Notary public, State of Michigan, County of NOTICE OF HEARING
The hearing cannot be held until the court receives the Michigan State Police report required under MCL 780.621(5).

TO: Michigan Attorney General and Take notice that on
Date Location

Prosecuting official

at

Time

, at

the above location, courtroom

or ,

a hearing before Hon.

Bar no.

will be held on the above application to set aside conviction.

PROOF OF SERVICE I certify that copies of this application and notice of hearing were served on the prosecuting official on
Date

by first-class mail addressed to the last-known address. by first-class mail addressed to the last-known address.
Date

Attorney General on

I certify that copies of this application and the fingerprint card, accompanied by the required fee, were served on the Michigan State Police on by first-class mail addressed to the last-known address.
Date Date MC 227 (3/09) Applicant/Attorney signature

APPLICATION TO SET ASIDE CONVICTION

MCL 780.621, MCL 780.622(7), MCL 780.772a, MCL 780.827a

INSTRUCTIONS

To the Applicant: 1. You may not apply to have a conviction set aside for a) a felony or an attempt to commit a felony punishable by life imprisonment, or b) a violation or attempted violation of criminal sexual conduct under 750.520c, 750.520d, or 750.520g, or c) a traffic offense. If you have had more than one conviction for any offense, you cannot apply. Although a conviction for a nontraffic offense reportable to the Secretary of State may be set aside by the court, as stated in MCL 257.732(22), the court cannot order the removal of the conviction from the driving record. 2. You may not apply until a) 5 years have passed since the date you were sentenced for the conviction if you were not imprisoned, or b) 5 years have passed since release from a term of imprisonment for the conviction, if you were imprisoned. 3. Find out the exact date of conviction and the charge from the court clerk and fill in this application. Obtain a certified copy of the judgment of sentence, probation order, or register of actions and attach it to this application. 4. Swear to the truth of the statements in this application in the presence of the court clerk or a notary public. 5. Present this application with all copies to the court clerk and request a hearing date. 6. The court clerk will complete the notice of hearing on this application and return copies to you. 7. Mail a copy of this application, with the hearing date filled in, to the Attorney General of the State of Michigan and the prosecuting official of the county or political subdivision who prosecuted the case. 8. Go to the local law enforcement agency for the fingerprint card and get fingerprinted on the applicant card (RI-8). Fill out the card completely. Be sure to ask the local law enforcement agency the amount of the application fee. 9. Mail a copy of this application and appropriate attachments, the fingerprint card, and the appropriate fee to the Michigan State Police. The fee, payable to the State of Michigan, must accompany this application. 10. After you have served the copies to the Attorney General, prosecuting official, and Michigan State Police, complete the proof of service on the return copy, and file it with the court clerk. Attorney General's Office Corrections Division PO Box 30217 Lansing, Michigan 48909 11. Appear at the hearing. 12. If the name of the victim of an assaultive crime is known by the prosecuting attorney, the prosecuting attorney will give that victim written notice of this application and will forward a copy of this application to the victim. NOTE: Pursuant to MCL 780.622, if an order is entered setting aside a conviction for a listed offense as defined in MCL 28.722 of the Sex Offenders Registration Act, you still will be considered to have been convicted of that offense and you must comply with the registration and reporting requirements of the act. Michigan State Police Criminal Records Division 106 W. Allegan Lansing, Michigan 48933