Juvenile Record Case

This is a case to whether or not The Supreme Court of Michigan ruling on a person was acceptable due to the fact the court took in consideration that person’s juvenile records that were expunged. Expungements of records, also known as expunction, were legal records of any arrest or criminal activities on a person can be erased and sealed from everyone. Qualifications that are considered when trying to get an expungement depend on the number of times of the offense, the nature of the charge or crime and the jurisdiction. This legal proceed do varies from state to state, but some states such as New York do not allow period expungement of records (FindLaw, 2017).Of course doing the research on the rules to expunge a record in Michigan was not …show more content…
Smith was facing three and half years to ten years initially, but instead after the prosecutors brought up Smith’s juvenile record the judge sentenced him taking that into consideration. Now, Smith was sentenced six to thirty years as a habitual offender. Smith and his attorney was trying to get an appeal of the judge’s decision because of the fact his juvenile record was expunged as I said before meaning to be vanished, but the judge stood on their decisions based on Smith’s juvenile record (JUSTIA US Law, 1991).
Key facts and court holding Ricky Franklin Smith was sentenced to six to thirty years as a habitual offender and not as a first time offender. Smith had a juvenile record that consists of seven felonies and three misdemeanors ranging from breaking curfew, stealing and threating a police officer. Smith’s juvenile record was expunged but court used it on sentencing day.
The issue and one issue is basically that the court was able to bring up and used Ricky Smith juvenile record on their ruling and Smith was unable to validate that the court had no right to use his pass against