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supressed made public record

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beccab

Guest
What is the name of your state? michigan

Hi
I was arrested in 1987 for possesion of a very small amount of marijuana and the conviction was set aside supressed I think it was called. I just went for a job interview and was told I had the job pending a background check. They called me back and told me they could not hire me because of this being on my record. The Michigan State Police online database was the source of the record. Can they give out the record if it was supressed?
Thanks
Becca
 


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beccab

Guest
I am not really clear as far as the terminology. All I really remember was that my lawyer told me that unless I committed another crime the conviction would not be on my record. But that if I did (which I did not) that the old conviction would go on my record along with the new offense.
Thanks
Becca
 

JETX

Senior Member
Presumably, you mean DA (Deferred Adjudication). If what you remember is correct (you need to check the court records.... or contact your attorney) and if you met the conditions set, then the conviction would be removed. However, that does not seal the arrest itself. From your post (saying the report came from the State Police), presumably it was the arrest and not the conviction that was the issue.

You will need to talk with an attorney to see if the arrest itself can be sealed.
 
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beccab

Guest
Deferred Adjudication

jetx,

That is exactly what I was trying to remember. Yes the final outcome was Deferred Adjudication and I did meet the conditions set.

The woman from human resources that I talked to read from the report "pled guilty" now if this was just the arrest report she would not have that information, so she was looking at the record from the court preceding. This information should not be available should it?

Also are employers able to use an arrest as a basis not to hire you whether you are found guilty or not?

Do you have any Idea how to get this off my record?

Thanks
Becca
 

enjay

Member
Becca, did you answer, "no" to the question of whether or not you have ever been arrested? That (dishonesty) can be held against you. An arrest w/o a conviction generally will not.

I do not know what Michigan's laws are concerning expungement, but here in Maryland you may have deferred adjudication matters expunged from your record after 3 years. Do a search on Michigan + expungement and you should be able to find what you need.
 
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beccab

Guest
employment app

Hi enjay

I just looked at the app that I filled out. The question was "Have you ever been convicted of a crime except a minor traffic violation?" Thanks I will look into expungement. Should be easy since this was a low misdemeanor 17 years ago.
Thanks again :)
Becca
 

JETX

Senior Member
"The woman from human resources that I talked to read from the report "pled guilty" now if this was just the arrest report she would not have that information, so she was looking at the record from the court preceding. This information should not be available should it?"
*** Correct. It is possible that there was some confusion as to the court final records. You will need an attorney to fix them.

"Also are employers able to use an arrest as a basis not to hire you whether you are found guilty or not?"
*** Yes. An employer can set their own criteria of acceptance.

"Do you have any Idea how to get this off my record?"
*** You will need an attorney to either get the record corrected or to get it expunged.

For more on the MI process, go to:
http://www.legalwins.com/pages/Michigan_Criminal_Expungement.html

The Michigan Compiled Laws for the process can be found at:
http://michiganlegislature.org/law/mileg.asp?page=getObject&objName=mcl-Act-213-of-1965&highlight=
 

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