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Section 18 Expungement allows for the sealing of certain nonviolent felonies and misdemeanors. These records are still accessible by court order but are sealed from the public. Expungement under Section 19a allows for the expungement of criminal history if a person was the victim of identity theft and used that stolen identity to commit a crime.
Herschel Fink, general counsel for the Detroit Free Press, said the rule appears to violate case law from the U.S. Supreme Court and Michigan courts that says court records are open to the public.
In the common law legal system, an expungement or expunction proceeding, is a type of lawsuit in which an individual who has been arrested for or convicted of a crime seeks that the records of that earlier process be sealed or destroyed, making the records nonexistent or unavailable to the general public.
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The United States District Court for the Eastern District of Michigan (in case citations, E.D. Mich.) is the federal district court with jurisdiction over the eastern half of the Lower Peninsula of the State of Michigan. The Court is based in Detroit, with courthouses also located in Ann Arbor, Bay City, Flint, and Port Huron.
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The official is able to witness the signing of the document and check the proof of the affiant's identity, helping to prevent some forms of outright fraud. In recent years, however, to provide for even greater economy of time and money, courts have increasingly allowed persons to omit the step of swearing before a notary public or official.
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