CELEBRITY WOMEN WHO PAY GAL-IMONY by Terry Bankert Flint Divorce Attorney 810-235-1970

GAL-IMONY CELEBRITY WOMEN WHO PAY SUPPORT.[3]

Thank You Gloria Steinamn.

Halle Berry’s case and others mentioned here, Madonna  , Kirstie Alley and Britney Spears are not Michigan cases or from #Flint.

Genesee Flint Michigan law of spousal support is found here using the celebrity cases as a backdrop.

Halle Berry falls in line with a growing number of women who pay child support.[3]

"The law is gender neutral and support is the right of the child not the parent," said Jonathan Wolfe, an attorney and partner with Skoloff & Wolfe. "If you are the higher wage earner, man or woman, be prepared to pay."[4]

IN MICHIGAN,The court may award spousal support as is just and reasonable if the property award is insufficient for the suitable support of either party and any children of the marriage of whom the party has custody. The court must consider “the ability of either party to pay and the character and situation of the parties, and all the other circumstances of the case.” MCL 552.23(1).[5]

A 2013 Pew report found that women are the sole or primary breadwinners in 40 percent of households with children under 18. [2]

Halle Berry  is now a ranking member of an exclusive club in Hollywood: celebrity women who've had to pay their exes after their split.[3]

More than half of divorce lawyers surveyed by the American Academy of Matrimonial Lawyers cited an increase in the number of mothers assigned to make child support payments in the past five years.[4]

The long-lived child support battle between Halle Berry and ex-lover, Gabriel Aubrey, appears to be over—for now at least.[1]

According to People, the Academy Award-winning actress has been ordered to pay Gabriel $16,000 per month in child support for their daughter, Nahla, until she either turns 19 years old or finishes high school. That’s a pretty long time considering that Nahla is only six.[1]

The Oscar-winner will fork over $200,000 per year plus tuition money for the ex-couple’s six-year-old daughter Nahla. Berry must also make a retroactive payment of $115,000 and another $300,000 to Aubry’s attorneys to cover their fees.[2]

IN MICHIGAN, Factors to be considered  in awarding spousal support include the following:

• Past relations and conduct of the parties. How the parties conducted the marriage as well as fault in the breakdown of the marriage. Fault is only one factor and should not be assigned disproportionate weight.
• Length of the marriage. A long-term marriage is especially relevant where one spouse has no career or marketable skills and his or her standard of living may be reduced because of the divorce.
• Ability of the parties to work.
• Source of and amount of property awarded to the parties.The focus is on the income-earning potential of the assets rather than their value; a spouse is not required to dissipate property awarded to meet daily needs where spousal support can be available.
• Ages of the parties.
• Ability of the parties to pay spousal support. Sources considered in determining the ability to pay include earnings, pension plans, unemployment compensation, tax refunds, and Social Security benefits. Ability to pay includes the payer spouse’s unexercised ability to earn if income is voluntarily reduced to avoid paying spousal support. Factors relevant to the ability to pay include (1) the parties’ employment histories, (2) reasons for any termination of employment, (3) work opportunities available, (4) diligence in trying to find employment, and (5) availability of employment.
• Present situation of the parties.
• Needs of the parties.
• Health of the parties. The parties’ health is relevant to the ability to work and to the personal needs of the spouse seeking support.
• Prior standard of living of the parties.
• Whether either party is responsible for the support of others.
• General principles of equity.

The court must make findings on each factor relevant to the claim before it.[5]

Berry and Aubry have been locked in a bitter custody battle over their daughter, Nahla, since 2012, the same year a judge blocked the actress from moving with their daughter to France.[3]

Halle Berry’s... shocking ruling was delivered in a Los Angeles court room on May 30. ... Halle has also been ordered to pay Gabriel $300,000 in attorney’s fees. Court documents reveal that the two share equal custody of Nahla.[1]

IN MICHIGAN, Factors relevant to the amount of support.

• duration of the marriage
• the parties’ contribution to the joint estate
• the parties’ ages
• the parties’ health
• the parties’ stations in life
• the parties’ necessities and circumstances
• the parties’ earning abilities

Halle and Gabriel’s co-parenting situation certainly has not been the most ideal over the past couple of years.[1]

[T]he former couple’s 2012 Thanksgiving was stained with memories of bloodshed and a prison cell after Gabriel got into a physical altercation with Halle’s now-husband, Olivier Martinez.[1]

Aubry, 38, and Berry, 47, dated from 2005 to 2010 but never married. In 2012, the couple became involved in a custody dispute over Nahla, when a judge blocked the X-Men: Days of Future Past star from moving their daughter to France to live with her and her now-husband Olivier Martinez. The fight culminated in a physical altercation between Aubry and Martinez in November of 2012, People reported. Aubry and Berry now share equal custody of the girl, according to court documents.[2]

Because the number of female breadwinners is at a peak and more men are asking for shared custody, cases of women paying child support are likely on the rise, too. A 2012 survey of divorce lawyers in the United States found that 56 percent of attorneys saw an increase in numbers paying child support since 2009.[2]

"Courts look at income from all sources, such as earned income and income earned from their assets," Wolfe told MainStreet. "When fixing the rate of return for unearned income, courts will be guided by the actual historical returns or impute a reasonable assumed rate of return."[4]

IN MICHIGAN TO DETERMINE HOW LONG SPOUSAL SUPPORT SHOULDLAST THE FOLLOWING IS USED.

Rehabilitative spousal support.

Rehabilitative spousal support is temporary spousal support to help the dependent spouse make the transition to self-support. It can be appropriate to

• encourage a spouse to seek full-time employment and self-sufficiency
• allow a spouse to complete an advanced degree or obtain a marketable skill when he or she had worked while the other spouse obtained a degree
• allow a spouse to adjust to a lifestyle not based on combined incomes
• allow a spouse to obtain new job skills and enter the workforce

Permanent spousal support (generally until death or remarriage).

It has been found appropriate when there is

• a long-term marriage with a spouse who has no career or marketable skills
• a long-term marriage, one spouse with superior earning skills, and the other spouse with questionable earning capacity
• great discrepancy between incomes and a wife who devoted most of her adult life to homemaker role
• serious doubt that a spouse could support himself or herself because of a disability[5]

Berry isn't the first female star to be on the hook for child support. [Others]... who had to pay big.[3]

MADONNA

The Material Girl's reported $76-$96 million settlement in 2008 with Guy Ritchie was considered a record payout, let alone one by a woman. Even her publicist, Liz Rosenberg, acknowledged its significance.[3]

ANNE HECHE

When the marriage broke up five years later, Laffoon sought at least $33,000 a month in spousal support and custody of Homer, claiming that Heche was a poor parent with "bizarre and delusional behavior," according to a court filing obtained by People magazine. [3]

KRISTIE ALLEY

In one filing,...Kristi Alley’s husband... Stevenson asked for "sufficient support" to "maintain a lifestyle commensurate to that which Kirstie and I had enjoyed during our marriage," including $18,000 a month to pay rent on a home in Bel Air.[3]

Though Stevenson once enjoyed the spotlight, he claimed that his earnings were only a fraction of what Alley earned and he did not expect to ever approach her income. Ultimately, he settled for a one-time payout of $6 million, according to Forbes.com.[3]

BRITNEY SPEARS

Federline was embroiled in a custody battle with Spears, who only had visitation rights to see their children. In 2008, she gave up her custody fight but gained more visiting time with the boys. At the same time, her child support payments to Federline reportedly increased by $5,000 to $20,000 a month.[3]

Spears was also on the hook for Federline's legal fees to the tune of nearly half a million dollars.[3]

What can these Ladies do now?

IN MICHIGAN THESE STARS COULD ASK TO HAVE THEIR SUPPORT MODIFIED. THE COURT WILL LOOK AT THE FOLLOWING.

Modification. §§6.43–6.51.

If the court had personal jurisdiction over the payer at the time of the judgment, the court has continuing jurisdiction to revise or amend the order.

No minimum period must elapse before modification can be requested.

Retroactive modification is not available. However, the court can approve the parties’ agreement for retroactive modification.

Modification is possible only on a showing of new facts or changed circumstances since the judgment that justify a revision. The petitioner has the burden of justifying a change by a preponderance of the evidence.

Once a change in circumstances is shown, the court considers all the circumstances in deciding what modification to make.[5]

Factors indicating a change in circumstances.

• Remarriage—can trigger modification or termination unless specifically stated otherwise in the judgment, but remarriage can be only one consideration.
• Cohabitation—does not constitute a de facto marriage; can be relevant where it improves a spouse’s financial position.
• Changes in need—see examples in §6.48.
• Changes in ability to pay—see examples in §6.49.
• Retirement—effect appears to depend on whether parties fashioned award with retirement in mind; see examples in §6.50.
• Death of the payer—does not terminate the support obligation, which can be enforced against the estate, unless stated otherwise.[5]

------------------

[1]

http://madamenoire.com/437039/halle-berry-pay-gabriel-aubrey-16000-per-month-child-support/

[2]

http://time.com/2853415/halle-berry-ordered-to-pay-almost-200k-per-year-in-child-support/

[3]

http://abcnews.go.com/Entertainment/female-stars-whove-pay-post-split/story?id=24073222

[4]

http://www.mainstreet.com/article/family/marriage/divorce/halle-berry-child-support-settlement-escalates-battle-sexes

[5]

Michigan Family Law Benchbook ch 6 (ICLE 2d ed 2006), at http://www.icle.org/modules/books/chapter.aspx?lib=family&book=2006553550&chapter=6

(last updated 06/27/2014).

see

https://www.facebook.com/attorneybankert

see

https://occupyflintlegal.wordpress.com/

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" I have one question for political leaders, when will you find the courage to stand up to the gun lobby?"[1]

GOOD MORNING FLINT! date 1/9/13.GUN CONTROL IS COMING. THANK GOD.
http://www.cbsnews.com/8301-34222_162-57562795-10391739/biden-to-meet-with-nra/

Children are dying in the streets and in the school because we drank the Kool Aide of the gun industry. The " Responsible Gun Owners " ,when the NRA is neutered ,will lead the way to responsible gun reform.[trb]

"I have one question for political leaders, when will you find the courage to stand up to the gun lobby? Whose child has to die next?" [1]

-----
By Terry R. Bankert [trb] terry@attorneybankert.com
www.attorneybankert.com , https://www.facebook.com/attorneybankert, Flint Divorce & Bankruptcy 810-235-1970

...Vice President Biden is scheduled to meet Wednesday with victims groups and gun-safety organizations....The meeting is to be part of a series of gatherings Biden is conducting this week at the White House aimed at building a consensus around proposals to curb gun violence following the horrific elementary school shooting in Newtown, Conn.[1]


It appears that the Republicans have been very effective in giving human qualities to inanimate objects. Corporations are labeled as people and given the right to contribute to political campaigns and manipulate national politics. We should follow this lead and assign legal human like responsibilities to an inanimate object that kills indiscriminately women,children,the elderly and the rest of us. Guns are killers. Guns must be removed from our common areas. Guns protectors like the NRA and other Gun coddlers are nothing more than co-conspirators to murder. Enough is enough. Bear all your arms in your home or in other highly regulated ways.Guns should be treated like any other serial killer. Guns do kill.[trb]

President Obama has indicated that he wants Congress to reestablish the ban on assault weapons, which expired in 2004, and limit the size of magazines and expand background checks, including closing the gun show loophole, which allows unlicensed sellers to sidestep checks.The task force is also expected to look at broader efforts that might include a national database and proposals that can be implemented without congressional approval.[1]

Biden has also been conferring with New York City Mayor Michael Bloomberg, who is a vocal advocate for gun regulation. His group, Mayors Against Illegal Guns, launched a TV ad Tuesday to pressure lawmakers to "stand up to the gun lobby."[1]

Giffords — came as the former congresswoman and her husband announced that they are forming a political action committee aimed at curbing gun violence. [2]

Giffords and Mark Kelly, a former astronaut, wrote in an op-ed published in USA Today that their Americans for Responsible Solutions initiative will raise money to support greater gun control efforts and take on the powerful gun lobby. [2]

“Achieving reforms to reduce gun violence and prevent mass shootings will mean matching gun lobbyists in their reach and resources,” the couple wrote, and they will “raise funds necessary to balance the influence of the gun lobby.”[2]


I predict at the end of the day after the positioning of responsible gun owners and those of us tired of being slaughtered law enforcement will be given more tools and non responsible gun possessors will face new sanctions. [trb]

One of the issues sure to come up in the Biden group's discussions is the role of the Bureau of Alcohol, Tobacco, Firearms and Explosives.[3]

The ATF is the primary enforcer of the nation's gun laws, but advocates and former ATF officials say the agency has been underfunded, understaffed and handcuffed in its abilities to go after gun crimes.[3]

I suggest

1.law enforcement will be allowed to profile vehicles to search for weapons and seize same. No open carry in a vehicle.[trb]

2. Illegally transport a weapon and the weapon is forfeited owner driver or passenge[trb]r.


3. Give police authority to search your home for ammunition and any weapon in it if an illegally transported gun is seized from a vehicle you are in or you own the vehicle.[trb]

4.Tax ammunition. If a bullet cost $5,000.00 gun violence would go down.(name the stand up comedian)[trb]

5.Make Flnt a very expensive city to transport a weapon illegally.[trb]

6. Politically take on the NRA. [trb]

Standing up to the gun lobby is seen by gun control advocates to mean not only banning assault-style weapons and high-capacity magazines, but restoring some teeth to the ATF.[3]

When gun safety advocates refer to the gun lobby, there are numerous organizations that promote less gun regulation, but the most powerful is the National Rifle Association, which has spent nearly $10 million since President Obama's inauguration on lobbying activity, according to the Center for Responsive Politics. That number doesn't include the more than $30 million the NRA's political action committee and the organization's affiliated political nonprofits spent to influence the 2012 presidential and congressional elections.[1]

The NRA has proposed placing armed guards in schools to clamp down on shootings. It's a proposal the president has rejected.[1]

A Face book friend said:James L. Smith And the responsible gun reform will lead to what? I'm not a gun owner or supporter, but I do know this. People who own guns responsibly already comply with the myriad of existing gun laws. Those that use guns illegally will not turn in their guns or respond to any other "responsible gun laws." It's like spanking all your children because you can't determine which one committed the offense. Sounds good, accomplishes nothing. What really needs to happen is that we address the issues of mental health and finally determine to house and treat people with mental illness. That will do more than any legislation about guns. But maybe lawyers want more laws so they will have more people to defend in court. I'm all for anything that will stop the violence, but when I see these knee jerk solutions they make no sense. I'm open to be changed.

We need an intense focused national debate on the issue of Gun Control.[trb]

-----
[source]
[trb] & CAP’S
Terry Bankert
[1]
http://www.cbsnews.com/8301-250_162-57562942/bidens-meetings-spotlight-gun-control-divide/

[2]
http://bostonglobe.com/news/nation/2013/01/09/giffords-kelly-launch-gun-control-lobbying-effort/ZCMZlyQYtxTkwr5RMofykL/story.html
[3]
http://www.npr.org/2013/01/08/168889491/gun-control-advocates-say-atfs-hands-have-been-tied

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EXPUNGE CRIMINAL RECORD FLINT GESESEE MICHIGAN 810-235-1970

DO YOU OR A FAMILY MEMBER HAVE A COUPLE OF JUVENILE  CONVICTIONS MAKING IT HARD TO GET A JOB ,INTO A COLLEGE OR THE MILITARY?
Presented here,12/31/12/ by Flint Attorney Terry R. Bankert 810-235-1970, terry@attorneybankert.com, , www.attorneybankert.com
-------------------
On 12/30/2012 Governor Snyder signed into law an amendment to section 18e of chapter XIIA (MCL 712A.18e), as amended by 1996 PA 257. by Flint Attorney Terry R. Bankert 810-235-1970
see:http://www.abc12.com/story/20467852/new-law-makes-it-easier-to-erase-juvenile-crimes

This allows a person to have set aside more than one criminal conviction. This process is called expungement. Prior to this amendment a person was limited to one crime that could be expunged. Having your criminal record become important when applying for a job, the military of college and certain programs and funding sources. A tremendous burden has been taken from those that when young crossed the law and paid their penalty. As an adults they now can move on with their life.

Generally this new law , allows a person who has been sentenced to not more than 1 juvenile offense that would be a felony if committed by an adult and not more than 3 juvenile offenses total, of which not more than 1 may be a juvenile offense that would be a felony if committed by an adult and who has no adult felony convictions may file a petition with the courts that gave them the sentence for the entry of an order after a proper motion and hearing and complying with all portions of this law to set aside the juvenile sentences..

A citizen may have only 1 juvenile sentence for an offense that would be a felony if committed by an adult and not more than 2 sentences for an offense that would be a misdemeanor if committed by an adult. A total of three juvenile acts can be expunged.

If there has never been a sentence in juvenile court for an act that would be a sentence to a felony if committed by an adult, not more than 3 sentences for an offenses that would be a misdemeanor if committed by an adult can set aside . Another way that three juvenile acts can be set aside.

If there were multiple sentences from one act they can be counted as just one with limitations. Multiple sentences arising out of a series of acts that were within 12 hours or less and that displayed a single intent and goal constitute 1 offense provided that none of the adjudications constitute any of the following:

(a) An assaultive crime as that term is defined in subsection .

(b) An offense involving the use or possession of a weapon.

(c) An offense with a maximum penalty of 10 or more years imprisonment.

There are offense sentences that cannot be expunged or set aside. A person shall not apply under this law to have set aside, and a judge shall not under this section set aside, any of the following:

(a) A sentenced for an offense that if committed by an adult would be a felony for which the maximum punishment is life imprisonment.

(b) A sentence for a traffic offense under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a local ordinance substantially corresponding to that act, that involves the operation of a vehicle and at the time of the violation is a felony or misdemeanor.

(c) A conviction under section 2d of this chapter. This subdivision does not prevent a person convicted under section 2d of this chapter from having that conviction set aside as otherwise provided by law.

Juvenile orders for financial payments will remain in effect. For instance order of disposition placing a juvenile in or committing a juvenile to care outside of the juvenile's own home and under state, county juvenile agency, or court supervision shall contain a provision for reimbursement by the juvenile, parent, guardian, or custodian to the court for the cost of care or service. [

Before a person had to wait three years until after completion of their sentence now they only have to wait one year. A legal petition under this law shall not be filed until the expiration of 1 year following imposition of the disposition for the sentence that the applicant seeks to set aside, or 1 year following completion of any term of detention for that sentence, or when the person becomes 18 years of age, whichever occurs later.

Many young people cross the law. We now have responsibly changed the law so the crimes of our youth are truly forgiven.


-----notes-----
Gov. Rick Snyder has signed a bill to make it easier for people to wipe juvenile crimes off their record. [1] Governor Snyder approved 2011 PA 64, which amends a 46-year old Michigan law limiting courts to setting aside only one criminal conviction for one charge.[2]

The new law will allow people to go to court to erase up to three offenses a year after the case is closed, instead of five years. The old law allowed only one offense to be expunged. [1]

[A]ndividual [under the new law can]... petition the court to set aside a juvenile offense that might prove a barrier to move forward in life. The petitioner would be eligible to set aside one or more juvenile adjudications so long as he or she had three or fewer convictions, and not more than one of the three was a felony. [4]

"People who have turned their lives around find it difficult, if not impossible, to advance in life," said Haveman, R-Holland. "Saddled with a juvenile record, now-responsible citizens are blocked from joining the military, going to college and finding employment. They have cleaned up their lives, but their past prevents them from moving forward." [4]


The bill, sponsored by state Rep. Joe Haveman, R-Holland, was easily approved in the Michigan House and Senate before the Legislature’s recent adjournment.[1]

House Resolution No. 254.
A resolution to declare May 2012 as Criminal Consequence Awareness Month in the
state of Michigan.

Whereas, A criminal record can have a devastating impact on a person’s ability to earn a
livelihood and often is unable to be expunged; and

Whereas, Those who engage in criminal activity often fail to realize that there are often
unforeseen and very severe consequences to their actions; and

Whereas, There are also many collateral consequences as a result of engaging in criminal
behavior including loss or restriction of a professional license, ineligibility for public funds
including welfare benefits and student loans, loss of voting rights, ineligibility for jury duty, and
deportation for immigrants, including those who, while not U.S. citizens, hold permanent
resident status;[3]


Michigan’s new law gives judges the ability to expunge a person’s criminal record even if there are up to two additional minor offenses on it. “Minor offenses” are misdemeanors or ordinance violations for which the maximum permissible punishment does not exceed 90 days and/or $1,000 in fines, and the person was at the time of conviction not more than 21 years old.[2]

Before applying for an expungement under this law, one must wait at least 5 years from the date of sentencing or completion of confinement, whichever is later. Certain crimes, such as murder, rape, and traffic offenses are not eligible for expungement.[2]

The amendment is intended to help those who may have been convicted of a minor traffic or other minor offense when young and yet later is convicted of a misdemeanor or felony to still apply to have that later offense expunged. The law recognizes that a conviction can negatively affect one for a lifetime.[2]


Haveman says the new law will help people who made bad decisions at a young age and are facing barriers to college, employment or the military.[1]

"The national trend is shifting from treating juvenile offenders more harshly to putting an emphasis on rehabilitation, and this bill makes it easier for youth who have demonstrated change to clear their records," Haveman said. "This simply makes it easier for deserving youth to put their pasts behind them and get on with life and become productive members of society."[4]

STATE OF MICHIGAN

96TH LEGISLATURE

REGULAR SESSION OF 2012

Introduced by Reps. Haveman, Bumstead, Hooker, Heise, Kurtz, Genetski, Lipton, MacMaster, Wayne Schmidt, Opsommer, Foster, Pettalia, Muxlow, Shirkey, Lori and Jackson

ENROLLED HOUSE BILL No. 5600

AN ACT to amend 1939 PA 288, entitled “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” by amending section 18e of chapter XIIA (MCL 712A.18e), as amended by 1996 PA 257.

The People of the State of Michigan enact:

CHAPTER XIIA

Sec. 18e. (1) Except as provided in subsection (2), a person who has been adjudicated of not more than 1 juvenile offense that would be a felony if committed by an adult and not more than 3 juvenile offenses, of which not more than 1 may be a juvenile offense that would be a felony if committed by an adult and who has no felony convictions may file an application with the adjudicating court or adjudicating courts for the entry of an order setting aside the adjudications. A person may have only 1 adjudication for an offense that would be a felony if committed by an adult and not more than 2 adjudications for an offense that would be a misdemeanor if committed by an adult or if there is no adjudication for a felony if committed by an adult, not more than 3 adjudications for an offense that would be a misdemeanor if committed by an adult set aside under this section. Multiple adjudications arising out of a series of acts that were in a continuous time sequence of 12 hours or less and that displayed a single intent and goal constitute 1 offense provided that none of the adjudications constitute any of the following:

(a) An assaultive crime as that term is defined in subsection (7).

(b) An offense involving the use or possession of a weapon.

(c) An offense with a maximum penalty of 10 or more years imprisonment.

(2) A person shall not apply under this section to have set aside, and a judge shall not under this section set aside, any of the following:

(a) An adjudication for an offense that if committed by an adult would be a felony for which the maximum punishment is life imprisonment.

(b) An adjudication for a traffic offense under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a local ordinance substantially corresponding to that act, that involves the operation of a vehicle and at the time of the violation is a felony or misdemeanor.

(c) A conviction under section 2d of this chapter. This subdivision does not prevent a person convicted under section 2d of this chapter from having that conviction set aside as otherwise provided by law.

(3) An application under this section shall not be filed until the expiration of 1 year following imposition of the disposition for the adjudication that the applicant seeks to set aside, or 1 year following completion of any term of detention for that adjudication, or when the person becomes 18 years of age, whichever occurs later.

(4) An application under this section is invalid unless it contains the following information and is signed under oath by the person whose adjudication is to be set aside:

(a) The full name and current address of the applicant.

(b) A certified record of the adjudication that is to be set aside.

(c) A statement that the applicant has not been adjudicated of a juvenile offense other than the juvenile offenses sought to be set aside as a result of this application.

(d) A statement that the applicant has not been convicted of any felony offense.

(e) A statement as to whether the applicant has previously filed an application to set aside this or any other adjudication and, if so, the disposition of the application.

(f) A statement as to whether the applicant has any other criminal charge pending against him or her in any court in the United States or in any other country.

(g) A consent to the use of the nonpublic record created under subsection (13), to the extent authorized by subsection (13).

(5) The applicant shall submit a copy of the application and 2 complete sets of fingerprints to the department of state police. The department of state police shall compare those fingerprints with the records of the department, including the nonpublic record created under subsection (13), and shall forward a complete set of fingerprints to the federal bureau of investigation for a comparison with the records available to that agency. The department of state police shall report to the court in which the application is filed the information contained in the department’s records with respect to any pending charges against the applicant, any record of adjudication or conviction of the applicant, and the setting aside of any adjudication or conviction of the applicant and shall report to the court any similar information obtained from the federal bureau of investigation. The court shall not act upon the application until the department of state police reports the information required by this subsection to the court.

(6) The copy of the application submitted to the department of state police under subsection (5) shall be accompanied by a fee of $25.00 payable to the state of Michigan. The department of state police shall use the fee to defray the expenses incurred in processing the application.

(7) A copy of the application shall be served upon the attorney general and, if applicable, upon the office of the prosecuting attorney who prosecuted the offense. The attorney general and the prosecuting attorney shall have an opportunity to contest the application. If the adjudication was for an offense that if committed by an adult would be an assaultive crime or serious misdemeanor, and if the name of the victim is known to the prosecuting attorney, the prosecuting attorney shall give the victim of that offense written notice of the application and forward a copy of the application to the victim under section 46a of the William Van Regenmorter crime victim’s rights act, 1985 PA 87, MCL 780.796a. The notice shall be sent by first-class mail to the victim’s last known address. The victim has the right to appear at any proceeding under this section concerning that adjudication and to make a written or oral statement. As used in this subsection:

(a) “Assaultive crime” means that term as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a.

(b) “Serious misdemeanor” means that term as defined in section 61 of the William Van Regenmorter crime victim’s rights act, 1985 PA 87, MCL 780.781.

(c) “Victim” means that term as defined in section 31 of the William Van Regenmorter crime victim’s rights act, 1985 PA 87, MCL 780.781.

(8) Upon the hearing of the application, the court may require the filing of affidavits and the taking of proofs as it considers proper.

(9) Except as provided in subsection (10), if the court determines that the circumstances and behavior of the applicant from the date of the applicant’s adjudication to the filing of the application warrant setting aside the 1 adjudication for a juvenile offense that would be a felony if committed by an adult and not more than 2 adjudications for a juvenile offense that would be a misdemeanor if committed by an adult or if there is no adjudication for a felony if committed by an adult, not more than 3 adjudications for an offense that would be a misdemeanor if committed by an adult and that setting aside the adjudication or adjudications is consistent with the public welfare, the court may enter an order setting aside the adjudication. Except as provided in subsection (10), the setting aside of an adjudication under this section is a privilege and conditional, and is not a right.

(10) Notwithstanding subsection (9), the court shall set aside the adjudication of a person who was adjudicated for an offense that if committed by an adult would be a violation or an attempted violation of section 413 of the Michigan penal code, 1931 PA 328, MCL 750.413, if the person files an application with the court and otherwise meets the requirements of this section.

(11) Upon the entry of an order under this section, the applicant is considered not to have been previously adjudicated, except as provided in subsection (13) and as follows:

(a) The applicant is not entitled to the remission of any fine, costs, or other money paid as a consequence of an adjudication that is set aside.

(b) This section does not affect the right of the applicant to rely upon the adjudication to bar subsequent proceedings for the same offense.

(c) This section does not affect the right of a victim of an offense to prosecute or defend a civil action for damages.

(d) This section does not create a right to commence an action for damages for detention under the disposition that the applicant served before the adjudication is set aside under this section.

(12) Upon the entry of an order under this section, the court shall send a copy of the order to the arresting agency and the department of state police.

(13) The department of state police shall retain a nonpublic record of the order setting aside an adjudication for a juvenile offense that would be a felony if committed by an adult and not more than 2 juvenile offenses that would be misdemeanors if committed by an adult or if there is no adjudication for a felony if committed by an adult, not more than 3 adjudications for an offense that would be a misdemeanor if committed by an adult and of the record of the arrest, fingerprints, adjudication, and disposition of the applicant in the case to which the order applies. Except as provided in subsection (14), this nonpublic record shall be made available only to a court of competent jurisdiction, an agency of the judicial branch of state government, a law enforcement agency, a prosecuting attorney, the attorney general, or the governor upon request and only for the following purposes:

(a) Consideration in a licensing function conducted by an agency of the judicial branch of state government.

(b) Consideration by a law enforcement agency if a person whose adjudication has been set aside applies for employment with the law enforcement agency.

(c) To show that a person who has filed an application to set aside an adjudication has previously had an adjudication set aside under this section.

(d) The court’s consideration in determining the sentence to be imposed upon conviction for a subsequent offense that is punishable as a felony or by imprisonment for more than 1 year.

(e) Consideration by the governor, if a person whose adjudication has been set aside applies for a pardon for another offense.

(14) A copy of the nonpublic record created under subsection (13) shall be provided to the person whose adjudication is set aside under this section upon payment of a fee determined and charged by the department of state police in the same manner as the fee prescribed in section 4 of the freedom of information act, 1976 PA 442, MCL 15.234.

(15) The nonpublic record maintained under subsection (13) is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(16) Except as provided in subsection (13), a person, other than the applicant, who knows or should have known that an adjudication was set aside under this section, who divulges, uses, or publishes information concerning an adjudication set aside under this section is guilty of a misdemeanor.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor[5]

[source]
[1]
http://www.dailytribune.com/article/20121230/NEWS03/121239988/new-law-makes-it-easier-to-erase-juvenile-crimes

[2]
http://www.mwplegal.com/michigan-broadens-eligibility-for-expungement-of-criminal-convictions

[3]
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=1&sqi=2&ved=0CEkQFjAA&url=http%3A%2F%2Fwww.legislature.mi.gov%2Fdocuments%2F2011-2012%2Fresolutionadopted%2Fhouse%2Fpdf%2F2012-HAR-0254.PDF&ei=HpzhUOuKKKq80QG04IHIBA&usg=AFQjCNE-A6P2evFzKXOQf0P08j-xPWAqfA&sig2=P22yxbz5txKUIePus8V99A

[4]
http://www.gophouse.com/readarticle.asp?id=9347&District=90 contact Haveman at
http://www.gophouse.com/contact.asp?District=90

[5]
http://www.legislature.mi.gov/documents/2011-2012/billenrolled/House/htm/2012-HNB-5600.htm

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