In Michigan, the age of criminal responsibility is effectively 18: anyone younger is handled as a juvenile in the family division of circuit court rather than the adult criminal system. That has only been true across the board since October 1, 2021, when the state’s Raise the Age law pulled 17-year-olds into the juvenile system. The state sets no minimum age in statute for when a child can be brought into delinquency proceedings, and juveniles as young as 14 can be moved into adult court for serious felonies.
What Changed in October 2021
Before October 1, 2021, Michigan automatically prosecuted every 17-year-old as an adult, no matter the offense. Public Act 98 of 2019 redefined “juvenile” to include anyone under 18, so a 17-year-old who commits an offense on or after that date now enters the juvenile system by default.1Michigan Legislature. Raise the Age Legislation Analysis The legislature also created the Raise the Age Fund to help counties cover the larger juvenile caseload that followed.
The change made adult prosecution of a 17-year-old the exception rather than the rule. It did not eliminate it. Serious cases can still move to adult court through the same mechanisms that already applied to 14-, 15-, and 16-year-olds.
What Happens When Someone Under 18 Is Charged
Michigan’s family division of circuit court holds exclusive jurisdiction over anyone under 18 accused of violating state law, federal law, or a local ordinance.2Michigan Legislature. Michigan Compiled Laws Section 712A.2 That jurisdiction covers everything from curfew violations and minor drug possession to the most serious felonies, though the court’s response looks very different depending on the offense. Jurisdiction can also continue past the juvenile’s 18th birthday when needed to finish a pending case or complete supervision under an existing order.
The default assumption is that a case involving someone under 18 belongs in family court. A prosecutor who wants a different outcome has to actively move the case through one of two procedures described below. For the ordinary run of juvenile cases, the family division handles the matter start to finish.
When a Juvenile Can Be Tried as an Adult
Michigan has two separate paths that can expose a young person to adult-level consequences. Both apply only to juveniles who are at least 14, and both require significant procedural steps.
Traditional Waiver (Age 14 and Up)
A traditional waiver transfers the case entirely out of the family division and into the adult criminal docket. The prosecutor initiates it by motion, and it is available only against a juvenile 14 or older accused of an act that would be a felony if committed by an adult.3Michigan Legislature. Michigan Compiled Laws Section 712A.4
Before a waiver can happen, the court holds a hearing on whether transfer serves the best interests of the juvenile and the public. The judge weighs a list of factors, giving the heaviest weight to the seriousness of the alleged offense and the juvenile’s prior delinquency record. The remaining factors cover the juvenile’s culpability in the offense, their history with prior placements and treatment, their realistic prospects for rehabilitation inside the juvenile system, their emotional and mental maturity, and the impact of the offense on any victim. If the judge grants waiver, they must issue a written order explaining the findings, and the juvenile faces the adult system in every respect from that point forward.
Prosecutor Designation (Age 14 and Up, Specified Offenses)
Designation works differently. The prosecutor asks the family division to handle the case as a criminal proceeding, but the case stays in juvenile court. If the juvenile is convicted, the judge chooses between imposing a juvenile disposition and imposing an adult sentence.4Michigan Legislature. Michigan Compiled Laws Section 712A.2d
Designation is only available for a defined set of “specified juvenile violations” committed by someone 14 or older.2Michigan Legislature. Michigan Compiled Laws Section 712A.2 These include first-degree murder, second-degree murder, attempted murder, and conspiracy to commit murder; assault with intent to murder and assault with intent to maim; armed robbery and carjacking; kidnapping, first-degree criminal sexual conduct, and first-degree arson; assault with a dangerous weapon or home invasion while armed; certain major controlled substance violations; and any attempts, conspiracies, solicitations, or lesser included offenses arising from the same incident.
If a designated case ends in conviction, the court holds a separate hearing to decide between a juvenile disposition and an adult sentence, using the same best-interests factors applied in waiver proceedings. A conviction entered in a designated case carries the same legal effect as a conviction in adult criminal court.4Michigan Legislature. Michigan Compiled Laws Section 712A.2d
What Juvenile Court Can Order
When a case stays in the juvenile system, the judge has wide discretion to tailor the disposition to the young person’s circumstances. Options range from probation with conditions like curfews and drug testing, through community service, individual or family counseling, and placement in a foster or group home, to residential treatment and commitment to a state-operated secure facility. Judges often combine several at once. The Michigan Department of Health and Human Services oversees juvenile placements and runs the state’s secure facilities.5Michigan House of Representatives. DHHS Juvenile Justice Presentation
The court’s jurisdiction over a young person typically continues until age 19, and some orders can extend to age 21. The emphasis across every disposition is on addressing whatever drove the behavior, so educational programming, mental health treatment, and substance abuse services are built into most orders. The system is designed to avoid permanently marking a young person when there is a realistic path to change.
What Adult Sentencing Looks Like
A juvenile waived to adult court, or convicted in a designated proceeding with an adult sentence imposed, faces the same penalties as any adult defendant. Michigan law specifically requires adult sentencing for juveniles convicted of certain offenses, including first-degree murder, second-degree murder, attempted murder, kidnapping, armed robbery, carjacking, first-degree criminal sexual conduct, and first-degree arson.6Michigan Legislature. Michigan Compiled Laws Section 769.1 Armed robbery alone carries a potential sentence of life in prison or any term of years.7Michigan Legislature. Michigan Compiled Laws Section 750.529 A conviction in adult court also produces a permanent criminal record that follows the person into adulthood and affects employment, housing, education, and professional licensing.
Two constitutional limits apply no matter how serious the charge. A juvenile cannot be sentenced to death for a crime committed before age 18, under Roper v. Simmons.8Justia U.S. Supreme Court Center. Roper v. Simmons, 543 U.S. 551 And a juvenile cannot receive a mandatory life-without-parole sentence, under Miller v. Alabama. A judge can still impose life without parole on a juvenile in Michigan, but only after individually considering the offender’s youth and the circumstances of the crime.
Ages 18 Through 25: The Holmes Youthful Trainee Act
Turning 18 does not automatically close every option for lenient treatment. The Holmes Youthful Trainee Act lets a court place a young adult on probation without entering a criminal conviction. As of October 2021, HYTA applies to offenses committed between a person’s 18th and 26th birthday. If the offense was committed at age 21 or older, the prosecutor must consent before the court can grant HYTA status.9Michigan Legislature. Michigan Compiled Laws Section 762.11
If the person successfully completes probation, the case is dismissed and the record stays sealed. No conviction ever appears. HYTA is not available for every charge; offenses carrying a maximum penalty of life in prison, most criminal sexual conduct charges, major drug offenses, and traffic violations including drunk driving are excluded. Judges can also deny HYTA status even when a defendant technically qualifies, and a probation violation can lead to revocation and entry of a conviction.
Clearing a Juvenile Record Later
Michigan allows people to petition the court to set aside certain juvenile adjudications under MCL 712A.18e. The practical effect is that the person is legally considered never to have been adjudicated.10Michigan Legislature. Michigan Compiled Laws Section 712A.18e
You can have set aside no more than one juvenile adjudication that would have been a felony for an adult, plus up to two that would have been misdemeanors. If none of your adjudications would have been felonies, you can have up to three misdemeanor-level adjudications set aside. You also cannot have any adult felony convictions. Multiple adjudications from a continuous sequence of events lasting 12 hours or less count as one offense, unless they involved an assaultive crime, a weapon, or an offense carrying 10 or more years in prison.10Michigan Legislature. Michigan Compiled Laws Section 712A.18e
You cannot file the application until at least one year after the court’s jurisdiction over you ended. The petition must be signed under oath and include your current name and address, a certified copy of the adjudication you want set aside, and statements confirming you have no other adjudications or pending charges beyond what you have disclosed. The judge evaluates your behavior since the adjudication and whether setting it aside serves the public welfare, and can deny the petition even when every eligibility requirement is met. Fines and costs already paid will not be refunded, and victims keep the right to pursue civil claims. For employment applications and background checks, though, a set-aside adjudication no longer exists.