People v Coles, 417 Mich. 523; 339 N.W.2d 440 (1983). Regarding defendant's next claim, although this Court is divided with respect to whether resentencing is required when the presentence information report contains references to a defendant's expunged juvenile criminal record, compare People v Smith, 181 Mich. App. 223; 448 N.W.2d 794 (1989), lv gtd 434 Mich. 901 (1990), and People v Price, 172 Mich. App. 396; 431 N.W.2d 524 (1988), with People v Jones, 173 Mich. App. 341; 433 N.W.2d 829 (1988), we agree with the reasoning of Smith that expunction would be purposeless if law enforcement agencies could continue to use the expunged records to the defendant's prejudice. We are also sympathetic to the concern raised in In re Faketty, 121 Mich. App. 266, 273; 328 N.W.2d 551 (1982) (BRENNAN, J., dissenting), that an individual's juvenile record in the possession of the Department of Corrections becomes a factor in the department's decision making.

In People v Price, 172 Mich. App. 396, 399-400; 431 N.W.2d 524 (1988), one panel found that a juvenile record automatically expunged pursuant to MCR 5.913 could not be considered by the trial court at sentencing. In People v Jones, 173 Mich. App. 341, 343; 433 N.W.2d 829 (1988), another panel concluded that an expunged juvenile record could be considered at sentencing and included in the PSIR. We find that Price presents the better-reasoned approach to this question.

The present court rule (see n 6) provides that "expunged" juvenile records may remain among the records available at law enforcement agencies. The Court observed that one panel of the Court of Appeals, in People v Price, 172 Mich. App. 396, 399-400; 431 N.W.2d 524 (1988), had ruled that a juvenile record, automatically expunged pursuant to MCR 5.913, could not be considered at sentencing, and that another panel, in People v Jones, 173 Mich. App. 341, 343; 433 N.W.2d 829 (1988), had concluded that an expunged juvenile record could be included in the presentence investigation report and considered at sentencing. MCR 5.913 was replaced by MCR 5.925(E), effective January 1, 1988.

On February 28, 1990, the Supreme Court, in lieu of granting leave to appeal, reversed that part of our opinion by finding that the trial court had not improperly considered defendant's expunged juvenile record, and this Court was ordered to consider defendant's remaining issues. The Supreme Court's order does not refer to People v Price, 172 Mich. App. 396; 431 N.W.2d 524 (1988), or People v Jones, 173 Mich. App. 341; 433 N.W.2d 829 (1988), lv den 432 Mich. 909 (1989), so the conflict on our Court remains unresolved, but the order noted that defendant Bentley "did not object to the inclusion of his juvenile conviction at sentencing or in a subsequent trial court motion." 434 Mich. 880, 881 (1990).