PETITION AND PROPOSED ORDER TO SET ASIDE CONVICTION

(Michigan Expungement Petition Template – MCL 780.621 et seq.)

[// GUIDANCE: This template is designed for use by licensed Michigan attorneys. Customize all bracketed fields, confirm statutory eligibility, and attach required exhibits (fingerprints, certified conviction record, proof of service, etc.) before filing.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions (Petition)
4. Representations & Warranties of Petitioner
5. Covenants & Continuing Obligations
6. Default & Remedies (Court-Centric)
7. Dispute Resolution & Governing Law
8. General Provisions
9. Execution Block: Verification, Signature, Notary
10. Proposed Order to Set Aside Conviction

1. DOCUMENT HEADER

IN THE [☐ CIRCUIT / ☐ DISTRICT] COURT FOR THE COUNTY OF [COUNTY],
STATE OF MICHIGAN

Case No.: ___
Hon.: ___

Petitioner: [PETITIONER FULL LEGAL NAME],
v.
Respondent: PEOPLE OF THE STATE OF MICHIGAN,
(through the Office of the Prosecuting Attorney for [COUNTY] County)

Effective Filing Date: [DATE]

2. DEFINITIONS

For purposes of this Petition, the following capitalized terms have the meanings set forth below:

“Act” means the Michigan Set Aside Conviction Act, Mich. Comp. Laws § 780.621 et seq.
“Assaultive Crime” has the meaning given in § 780.621(1)(b) of the Act.
“Automatic Set-Aside” means record clearance effectuated without petition under § 780.621g.
“Conviction Record” means the certified record of conviction(s) attached as Exhibit A.
“Eligible Offense(s)” means those conviction(s) that may be set aside under § 780.621(3).
“Waiting Period” means the statutory period calculated under § 780.621d before filing.

[// GUIDANCE: Add or delete defined terms as necessary. Cross-check every capitalized term for consistency.]

3. OPERATIVE PROVISIONS (PETITION)

3.1 Relief Requested. Pursuant to the Act, Petitioner respectfully petitions this Court to enter the Proposed Order attached hereto, setting aside the Eligible Offense(s) listed in Section 3.3.

3.2 Jurisdiction & Venue. Jurisdiction and venue are proper in this Court under § 780.621(5) because each Eligible Offense was adjudicated in [COURT NAME], located in [COUNTY] County, Michigan.

3.3 Convictions Sought to Be Set Aside.
a. Case No. _: [Offense Caption], [Statute/Ordinance Citation], [Felony/Misdemeanor], Date of Sentence ___.
b. [Add additional sub-parts as necessary.]

3.4 Eligibility Allegations. Petitioner affirmatively alleges that:
a. Waiting Period. More than [3 / 5 / 7] years have elapsed since the latest of (i) imposition of sentence, (ii) completion of incarceration, and (iii) completion of probation or parole relating to each Eligible Offense.
b. Conviction Count. Petitioner has not been convicted of more than three (3) felonies in total, nor more than two (2) assaultive crimes, and otherwise satisfies § 780.621(3).
c. Pending Charges. Petitioner is not presently charged with any criminal offense.
d. Disqualifying Offenses. None of the Eligible Offense(s) are ineligible under § 780.621(3)(c)–(h).
e. Automatic Set-Aside. The Eligible Offense(s) have not been and are not scheduled for Automatic Set-Aside.

3.5 Notice & Service. Petitioner has served a copy of this Petition, fingerprints, and conviction record on:
i. Michigan State Police,
ii. Attorney General of the State of Michigan, and
iii. Prosecuting Attorney for [COUNTY] County,
as evidenced by the Proof of Service attached as Exhibit B.

3.6 Hearing Request. Petitioner requests that the Court schedule a hearing pursuant to § 780.621(10) and notify the parties accordingly.

4. REPRESENTATIONS & WARRANTIES OF PETITIONER

4.1 Accuracy. Petitioner represents that all statements herein and in attached exhibits are true and correct to the best of Petitioner’s knowledge.

4.2 No Subsequent Convictions. Petitioner warrants that since completion of the Waiting Period no additional convictions disqualifying relief under the Act have been entered.

4.3 Rehabilitation. Petitioner has demonstrated rehabilitation and law-abiding conduct, as further described in Exhibit C (Optional Personal Statement).

4.4 Survival. The representations and warranties set forth in this Section 4 survive submission of this Petition until final disposition.

5. COVENANTS & CONTINUING OBLIGATIONS

5.1 Duty to Inform. Petitioner shall promptly inform the Court and Prosecuting Attorney of any change in circumstance that may affect eligibility prior to the hearing.

5.2 Compliance with Court Orders. Petitioner covenants to comply with all conditions imposed by the Court in connection with this Petition or subsequent Order.

[// GUIDANCE: While covenants are atypical in pleadings, they can memorialize duties that, if breached, may constitute grounds for vacating relief.]

6. DEFAULT & REMEDIES (COURT-CENTRIC)

6.1 Grounds for Denial or Revocation. Misrepresentation, fraud, or new disqualifying convictions may constitute grounds for (a) denial of this Petition, or (b) revocation of any Order entered, pursuant to § 780.621(20).

6.2 Costs & Attorney Fees. The Court may assess statutory costs as justice requires. Each party otherwise bears its own attorney fees absent Court order.

7. DISPUTE RESOLUTION & GOVERNING LAW

7.1 Governing Law. This Petition and any resulting Order are governed by the laws of the State of Michigan, including the Act and applicable Michigan Court Rules.

7.2 Forum Selection. Exclusive jurisdiction lies with this Court; no arbitration is available.

7.3 Injunctive Relief. Petitioner seeks the mandatory record-sealing relief provided by § 780.621(13) upon entry of the Order.

8. GENERAL PROVISIONS

8.1 Amendments & Supplements. Petitioner may amend or supplement this Petition only by leave of Court.

8.2 Severability. If any provision herein is determined unenforceable, the remainder shall remain in full force to the extent permitted by law.

8.3 Integration. This document, together with all exhibits, constitutes the entire Petition.

9. EXECUTION BLOCK

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information, and belief.

Executed on [DATE] at [CITY], Michigan.

[PETITIONER NAME]
Petitioner, Pro Se / By Counsel*

*If by counsel:

[ATTORNEY NAME] (P-_____)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

State of Michigan )
County of ____ ) ss.

Subscribed and sworn before me on [DATE] by [PETITIONER NAME].

Notary Public, State of Michigan, County of _
My commission expires: ___

10. PROPOSED ORDER TO SET ASIDE CONVICTION

[Caption identical to Petition]

The Court, having reviewed the Petition, exhibits, and any objections, and having conducted a hearing pursuant to MCL 780.621(10), FINDS:

1. The Petitioner satisfies all eligibility criteria under the Act.
2. Statutory notice requirements have been fulfilled.
3. Granting the Petition is consistent with public welfare and the interests of justice.

THEREFORE, IT IS ORDERED that:

A. The conviction(s) identified in Section 3.3 of the Petition are SET ASIDE.
B. All court, arrest, and state records pertaining to the set-aside conviction(s) shall be SEALED as required by MCL 780.621(13).
C. The Michigan State Police, Prosecuting Attorney, and all relevant agencies shall take all actions necessary to comply with this Order forthwith.
D. The Clerk shall transmit certified copies of this Order in accordance with MCL 780.621(14).
E. No costs are assessed / Costs in the amount of $_____ are assessed against Petitioner.

IT IS SO ORDERED.

Dated: __ _____
Hon. ______
[JUDGE NAME], [Court]

[// GUIDANCE: Attach Exhibits A–C (and additional exhibits as needed):
• Exhibit A – Certified Conviction Record(s)
• Exhibit B – Proof of Service & Fingerprint Card Receipt
• Exhibit C – Optional Personal Statement / Character Affidavits]

END OF TEMPLATE