Legal Question in Criminal Law in Michigan

Were you convicted? You say that the government did not have a case, but the case must have been good enough to convict you or convince you to plead guilty. Your imprecise "emotional maturity age" wasn't a defense to the crime, and is not an excuse for your current plans to white wash your record (in my opinion); and I'll withhold further commentary on a 21 year old playing Truth or Dare with a 9 year old. If you were not convicted, there is nothing to set aside. If you were convicted, you can petition to set it aside if: (i) it has been at least 5 years since your sentencing date, (ii) you have one and only one felony conviction [one count, not just one "case", so if you were convicted of 2 counts of felony CSC on different victims you are NOT eligible to set aside any conviction]; (iii) you have no convictions for a misdemeanor after you turned 21; (iv) you have no more than 2 convictions when you were 17-20 years old for minor misdemeanors (90-days jail max or less, and max $1,000 fine or less). The bottom line is that you should consult with an attorney in your area who handles applications to set aside convictions. The attorney will need a copy of your criminal history from all states & your driving record, plus the CSC's police report as a starting point. Your attorney will probably dig into your personal, medical and psychological background to present an argument that "the circumstances [of the crime] and [your] behavior from the date of the filing of the application warrant setting aside the conviction and that setting aside the conviction is consistent with the public welfare". The judge's decision focuses on those issues. The public welfare issue is the harder issue for you to win on when it is a CSC of such a young child. You may be on the SORA now, and there is a public policy supporting why those convicted of sex crimes on children should be registered. Bottom line: Make an appointment with an attorney to talk face to face.