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misdemanor charge listed as felony charge on ichat michigan state police web site inc

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beccab

Guest
What is the name of your state? Michigan

Hi..me again

I was looking over my criminal backgrond check and noticed that the charge(possesion of marijuana) was mistakenly listed as a felony. I talked to the court clerk and she showed that when it left their office it was listed as a misdemanor. The prosecutor showed the same. I was told by the prosecutor that she talked to an employee at the state police records office that stated that a mistake had been made in either data entry or when the records were migrated over. This was 17 years ago and the record might have been incomplete.

My question is Do I have a lawsuit for damages for showing that I was arrested for a felony?

Thanks
Becca
 


S

Sambo83

Guest
Maybe you shouldn't have smoked weed 17 years ago. See how drugs ruin your life? Oh well.. it's almost 420, time to go smoke.
 
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beccab

Guest
so it is unknown whether agency is responsible for their errors?

So no one knows whether the Michigan State Police is responsible and can be held accountable for posting incorrect information on a criminal background check that labeled me as a drug dealer instead of someone who committed a low misdemeanor?
 

enjay

Member
Felony possession and felony distribution are completely different things. :)

I do not know the legal answer to your question, but my guess is that this was an administrative error and not actionable.
 

JETX

Senior Member
"My question is Do I have a lawsuit for damages for showing that I was arrested for a felony?"
*** Of course you can sue. However, before you can 'win', you will have to parade everyone into court to show you were somehow 'damaged' by the erroneous report and what those damages were.
So, what SPECIFIC damages did you suffer and how much?? And how are you going to PROVE them to a court??
 
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beccab

Guest
damages

A letter from A library that I interviewed with..

"You have been denied employment with **** District Library because of information contained in your consumer report.

The name of the consumer reporting agency is:
Criminal Justice Information Center
Michigan State Police
7151 Harris drive
Lansing, MI 48913

The criminal Justice Information Center/Michigan State Police did not make the employment-related decision and cannot explain the reasons behind the decision.

More info regarding who to contact etc.......
 

JETX

Senior Member
Okay, and how long were you unemployed after applying for the position you were denied??

And exactly how much 'salary' did you lose in the interim??

And how do you propose to show that the library would have hired you for the misdemeanor.... but not for the felony??

And did you report this 'misdemeanor' on your employment application??
 

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