In the case of People v. Smith 437 Mich. 293 470 N.W.2d 70 (1991), a question was presented of whether or not the inclusion of an investigation report of the expunged juvenile record of the defendant Ricky Smith should be allowed to be a deciding influence during sentencing. Smith was convicted on his plea of guilty to breaking and entering and of being a habitual offender with a fourth offense because of the findings in the juvenile record. Smith appealed the sentencing arguing that he should be entitled to resentencing because the investigation report contained references to his juvenile criminal record which had been automatically expunged. There were twelve items on Smith’s juvenile record and even his lawyer revealed that the juvenile …show more content…
The Court of Appeals cited the panel in People v Price, 172 Mich. App. 396, 399-400; 431 NW2d 524 (1988) that had ruled that a juvenile record automatically expunged could not be considered at sentencing and another panel in People v Jones, 173 Mich. App. 341, 343; 433 NW2d 829 (1988) that had concluded an expunged juvenile record could be included in the presentence investigation report and considered at sentencing, in order to make its decision (Court Listener, N.D.). The Court concluded that the finding in People v Price presented the better approach towards using a juvenile record during sentencing. The Court also cited People v McFarlin, 389 Mich 557; 208 NW2d 504 (1973) as an influence to the decision which stated “that a sentencing judge could properly consider an adult offender's juvenile offense record although the Probate Code provided that a disposition of a child by a probate court shall not be proper evidence against the child for "any purpose whatever" in any civil, criminal, or other cause except in a case against the child under the Juveniles and Juvenile Division Chapter of the Probate Code”( Justia, N.D.). This court ruling and other similar statues in other states now prevent the use of a juvenile record being considered in imposing sentencing when the juvenile offender becomes an adult (Elrod & Ryder,