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| Maine | Maine | Maine | Maine | Maine | Michigan | Michigan | Michigan | Michigan | Michigan | Michigan | Michigan | Michigan | Michigan | Michigan | Michigan | Michigan | Michigan | Michigan | Michigan | |
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| Clearance policy overview | Records relating to juvenile adjudications can be sealed after three years. 15 M.R.S.A. § 3308-C(10). | Records related to a case that was dismissed with prejudice following a deferred disposition will become confidential of criminal history information. 16 M.R.S. § 703. | Records of an arrest and conviction involving a person whose identity was stolen and falsely used can be corrected by the court. 15 M.R.S. §§ 2182, 2183. | Records of an arrest or court proceeding that did not lead to a conviction can immediately become confidential. 16 M.R.S. § 703(2). | Records of an arrest or court proceeding in which no active prosecution is pending become confidential one year from arrest, summons, or the filing of charges. 16 M.R.S. § 703(2)(A), (F). | A misdemeanor conviction for criminal sexual conduct entered before January 12, 2015, can be set aside if the petitioner meets a certain criteria, and if the individual has not been convicted of another offense other than 2 minor offenses. Mich. Comp. Laws § 780.621(1)(a)-(d). Convictions that are deferred and dismissed are considered misdemeanor convictions for determining eligibility under this act. Mich. Comp. Laws § 780.621(2). | Records relating to one or more misdemeanor convictions, other than an application to set aside a serious misdemeanor, a first violation operating while intoxicated offense, or any other misdemeanor conviction for an assaultive crime may be set aside by the convicting court three or more years after whichever of the following events occur last: imposition of the sentence, completion of any term of imprisonment, or completion of probation imposed for the convictions. Mich. Comp. Laws § 780.621d(3). | Records relating to one or more serious misdemeanor convictions, first violation operating while intoxicated offense, or one felony conviction may be set aside by the convicting court five or more years after whichever of the following events occurs last: imposition of the sentence, completion of probation, discharge from parole, or completion of any term of imprisonment imposed for the conviction. Mich. Comp. Laws § 780.621d(2). | Records relating to a juvenile with no more than three juvenile adjudications€š no more than one of those being an offense that would be a felony if committed by an adult€š can be set aside if the person is not subject to a disqualifying event and the court determines that public safety will not be compromised. Mich. Comp. Laws § 712A.18e(1), (9). | Records relating to an adjudication that, if committed by an adult, would be theft and use of, or attempted theft and use of, a motor vehicle will be set aside if the person is not subject to a disqualifying event. Mich. Comp. Laws § 712A.18e(10)(a). | Records relating to a prostitution-related offense will be set aside if the person committed the offense as a direct result of being a victim of human trafficking and is not subject to a disqualifying event. Mich. Comp. Laws § 712A.18e(10)(b). | Records relating to a first violation operating while intoxicated conviction may be set aside. MCLS § 780.621c(3)-(4). | Records relating to three felony offenses can be set aside by the convicting court seven or more years after whichever of the following events occurs last: imposition of the sentence for the convictions, completion of any term of felony probation imposed for the convictions, discharge from parole imposed for the convictions, or completion of any term of imprisonment imposed for the convictions. Mich. Comp. Laws § 780.621(1)(c); Mich. Comp. Laws § 780.621d(1). | Records relating to cases for which the defendant was granted youthful trainee status, and which were dismissed upon final release become nonpublic. Mich. Comp. Laws § 762.14(1). | Prostitution-related convictions can be set aside if the offense was committed as a direct result of the petitioner being a victim of human trafficking. Mich. Comp. Laws § 780.621(3). | Records relating to a misdemeanor conviction for which the maximum punishment is imprisonment for not more than 92 days may be set aside if 7 years have passed from the imposition of the sentence. MCLS § 780.621g(1). | Records relating to a misdemeanor conviction for which the maximum punishment is imprisonment for 93 days or more may be set aside if 7 years have passed from the imposition of the sentence. MCLS § 780.621g(4). | Records relating to a felony conviction may be set aside after ten years and the conviction or convictions are otherwise eligible to be set aside under MCLS § 780.621. MCLS § 780.621g(2). | A person convicted of one or more misdemeanor marijuana offenses may apply to set aside the convictions. MCLS § 780.621e(1). | Records relating to a first-time controlled substance case may be dismissed after the successful completion of probation. Mich. Comp. Laws § 333.7411(1), (3). |
| Ineligible Category or Citation | See 15 M.R.S.A. § 3308-C(10)(A) for ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | A case that ends with a verdict or plea of not criminally responsible by reason of insanity. 16 M.R.S. § 703(2)(H). | There is no statutory language regarding ineligible offenses. | This provision applies only to violations or attempted violations of section 750.520e (Criminal Sexual Conduct in the Fourth Degree) before January 12, 2015. Mich. Comp. Laws § 780.621. | See subsection 1(b) Mich. Comp. Laws § 780.621 for ineligible offenses. | See Mich. Comp. Laws § 780.621 for ineligible offenses. | The applicant may have no more than three adjudications, and no more than one of which may be for an offense that would be a felony if committed by an adult. See Mich. Comp. Laws § 712A.18e(1). | Only offenses listed in Mich. Comp. Laws § 712A.18e(10)(a) are eligible under this policy. | The destruction of biometric data do not apply to a person arraigned for the offenses listed in Mich. Comp. Laws § 712A.18e(1). | See exclusions in MCLS § 780.621c. | See subsection (1)(c) of Mich. Comp. Laws § 780.621 and section 780.621b for ineligible offenses. | See section 762.11 for offenses eligible for youthful trainee status. | This section applies only to convictions for violations of sections 750.448, 750.449, and 750.450(prostitution-related offenses), or a local ordinance substantially corresponding to these sections. Mich. Comp. Laws § 780.621. | See exclusions in MCLS § 780.621g(10). | See exclusions in MCLS § 780.621g(10). | See exclusions in MCLS § 780.621g(7),(10). | There is no statutory language regarding ineligible offenses. | This provision applies only to controlled substance offenses specified in section 333.7411. |
| Clearance Process | Petition-based | Automatic | Petition-based | Automatic | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Petition-based | Automatic | Automatic | Automatic | Petition-based | Automatic |
| Waiting Periods | There is a 3-year waiting period. | The record becomes confidential immediately upon dismissal of the charge with prejudice. | The petition must be filed within one year of the date the petitioner becomes aware that their identity has been stolen and falsely used. 15 M.R.S. § 2182(2)(B). | Records become confidential immediately upon disposition. | The records become confidential one year from arrest, summons, or the filing of charges. 16 M.R.S. § 703. | There is no waiting period. | The waiting period is three years or after completion of sentence, imprisonment, or probation, whichever is later. Mich. Comp. Laws § 780.621d(3). | The waiting period is 5 years or more after the completion of the sentence, imprisonment, parole, or probation, whichever occurs later. Mich. Comp. Laws § 780.621d(2). | A petition can be filed one year after the adjudication of the offense that the applicant seeks to set aside, or one year following the completion of any term of detention for that adjudication, or when the person turns 18, whichever occurs later. Mich. Comp. Laws Ann. § 712A.18e(3). | A petition can be filed one year after the adjudication of the offense that the applicant seeks to set aside, or one year following the completion of any term of detention for that adjudication, or when the person turns 18, whichever occurs later. Mich. Comp. Laws § 712A.18e(3). | A petition can be filed one year after the termination of jurisdiction. Mich. Comp. Laws § 712A.18e(3). | There is no waiting period. | The waiting period is 7 years or more after the completion of the sentence, imprisonment, parole, or probation, whichever occurs later. Mich. Comp. Laws § 780.621d(1). | The record becomes nonpublic upon dismissal of the charge. | The petition can be filed at any time. | The waiting period is 7 years from the imposition of the sentence. MCLS § 780.621g(1). | The waiting period is 7 years from the imposition of the sentence. MCLS § 780.621g(4). | The waiting period is 10 years since the imposition of the sentence for the conviction, or completion of any term of imprisonment with the department of corrections for the conviction, whichever occurs later. MCLS § 780.621g(2). | There is no waiting period. | The record becomes nonpublic upon dismissal of the charge. |
| Fees | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | A processing fee for a set-aside must be paid to the Michigan State Police. Mich. Comp. Laws § 712A.18e(14). The fee is determined and charged by the department of state police in the same manner as the fee prescribed in the Freedom of Information Act, 1976 PA 442, MCL 15.234(4). Mich. Comp. Laws § 712A.18e(14). | A processing fee for a set-aside must be paid to the Michigan State Police. Mich. Comp. Laws § 712A.18e(6).The fee is determined and charged by the department of state police in the same manner as the fee prescribed in the freedom of information act, 1976 PA 442, MCL 15.234(4). MCLS § 712A.18e(3). | There is a processing fee for a set-aside, due to the Michigan State Police. Mich. Comp. Laws § 712A.18e(6).The fee is determined and charged by the department of state police in the same manner as the fee prescribed in the freedom of information act, 1976 PA 442, MCL 15.234(4). MCLS § 712A.18e(3). | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. |
| Effect | The person can legally respond to inquiries from any party other than courts and criminal justice agencies as if the juvenile crimes had never occurred. 15 M.R.S.A. § 3308-C(10)(F). Sealed records can still be accessed by criminal justice agencies for employment purposes. 15 M.R.S.A. § 3308-C(4)(B). | Arrest and court records are confidential and can only be disseminated as specified in 16 M.R.S.§ 705. | The court records and related criminal justice records are corrected. 15 M.R.S. § 2183. | Arrest and court records are confidential and may only be disseminated as specified in 16 M.R.S. section 705. | Arrest and court records are confidential and may only be disseminated as specified in 16 M.R.S. section 705. | The person will be considered as never having been convicted, except for registerable sex offenses. Mich. Comp. Laws § 780.622. The court notifies the agencies that hold records of the set-aside. Mich. Comp. Laws § 780.623. | The person will be considered as never having been convicted, except for registerable sex offenses. Mich. Comp. Laws § 780.622. The court notifies the agencies that hold records of the set-aside. Mich. Comp. Laws § 780.623. | The person will be considered as never having been convicted, except for registerable sex offenses. Mich. Comp. Laws § 780.622. The court notifies the agencies that hold records of the set-aside. Mich. Comp. Laws § 780.623. | Upon the entry of an order under this section, the applicant is considered not to have been previously adjudicated. Mich. Comp. Laws § 712A.18e(11). The Michigan State Police retains nonpublic records of the set aside order and the record of the arrest, fingerprints, adjudication, and disposition. Mich. Comp. Laws § 712A.18e(13). | Upon the entry of an order under this section, the applicant is considered not to have been previously adjudicated. Mich. Comp. Laws § 712A.18e(11). The Michigan State Police retains nonpublic records of the set aside order and the record of the arrest, fingerprints, adjudication, and disposition. Mich. Comp. Laws § 712A.18e(13). | Upon the entry of an order under this section, the applicant is considered not to have been previously adjudicated. Mich. Comp. Laws § 712A.18e(11). The Michigan State Police retains nonpublic records of the set aside order and the record of the arrest, fingerprints, adjudication, and disposition. Mich. Comp. Laws § 712A.18e(13). | No statutory language. | The person will be considered as never having been convicted, except for registerable sex offenses. Mich. Comp. Laws § 780.622. The court notifies the agencies that hold records of the set-aside. Mich. Comp. Laws § 780.623. | The disposition is not a conviction and the person will not suffer a civil disability or loss of right or privilege in most instances. All records are closed to public inspection, but can be disclosed as specified in section 762.14(4). Mich. Comp. Laws § 762.14. | The person will be considered as never having been convicted, except for registerable sex offenses. Mich. Comp. Laws § 780.622. The court notifies the agencies that hold the record of the set-aside. Mich. Comp. Laws § 780.623. | Each court shall notify the arresting law enforcement agency of each conviction on or before the tenth day of each month that is set aside for the preceding month. Each law enforcement agency need not retain and shall make nonpublic the notification that the conviction has been set aside, and the record of the arrest, fingerprinting, conviction, and sentence of the person in the case to which the notification applies. MCLS § 780.621g(1). | Each court shall notify the arresting law enforcement agency of each conviction on or before the tenth day of each month that is set aside for the preceding month. Each law enforcement agency need not retain and shall make nonpublic the notification that the conviction has been set aside, and the record of the arrest, fingerprinting, conviction, and sentence of the person in the case to which the notification applies. MCLS § 780.621g(1). | Each court shall notify the arresting law enforcement agency of each conviction on or before the tenth day of each month that is set aside for the preceding month. Each law enforcement agency need not retain and shall make nonpublic the notification that the conviction has been set aside, and the record of the arrest, fingerprinting, conviction, and sentence of the person in the case to which the notification applies. MCLS § 780.621g(1). | The arresting agency and the department of the state police shall maintain the nonpublic record created under MCLS § 780.621f(3). MCLS § 780.621f(1). | The disposition is not a conviction and does not entail the disqualifications or disabilities imposed by law upon conviction. Arrest and court records are nonpublic, but can be disclosed as specified in section 333.7411(3). |
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