• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Michigan

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Lj3878

Junior Member
In Michigan is there a difference between a non-public record for a deferred judgement/ case that was dismissed under a domestic violence statute and the non-public record for a conviction that was/is set aside?
Old deferred judgement in Michigan resulted in dismissed case via a guilty plea. Wondering if there is any additional value/ security in applying to have the conviction set aside. Not even sure its a conviction. I was 19 at the time, Im 40 now
 


justalayman

Senior Member
In Michigan is there a difference between a non-public record for a deferred judgement/ case that was dismissed under a domestic violence statute and the non-public record for a conviction that was/is set aside?
Old deferred judgement in Michigan resulted in dismissed case via a guilty plea. Wondering if there is any additional value/ security in applying to have the conviction set aside. Not even sure its a conviction. I was 19 at the time, Im 40 now
You can’t “set aside” a non-conviction because you weren’t convicted (wink wink)

Did you receive a judgment/order stating the charge was dismissed when all was said and done?




Have you checked your criminal records history to see if end of so, how it’s reported?
 

quincy

Senior Member
In Michigan is there a difference between a non-public record for a deferred judgement/ case that was dismissed under a domestic violence statute and the non-public record for a conviction that was/is set aside?
Yes, there is a difference in how these are reported. A deferred and dismissed charge is reported on the nonpublic record as a successful completion of a deferral program/probation with dismissal of the charge. A set-aside conviction has the underlying charge reported and the disposition.

If there is no judgment of guilt, the State Police retain a nonpublic record of the arrest, court proceedings and disposition of the criminal charge. These records can be open to other certain individuals and entities under some circumstances.

Old deferred judgement in Michigan resulted in dismissed case via a guilty plea. Wondering if there is any additional value/ security in applying to have the conviction set aside. Not even sure its a conviction. I was 19 at the time, Im 40 now
A deferred judgment after the successful completion of a diversion/deferral program has the charge dismissed and is not entered as a conviction, despite the need for a guilty plea to be eligible for the diversion/deferral program.

After 21 years, why has this become an issue for you now?
 

Lj3878

Junior Member
Quincy, it hasn’t necessarily become an issue as of yet. I think my fear is that as I continue to pursue different career opportunities in the job market, one disposition is going to be less secure than the other somehow. That may sound like an irrational fear however I keep reading posts where people are seemingly disqualified for jobs where convictions have been set aside or in instances where diversionary programs were completed and Im wondering if this is likely to happen to me. However, if the level of “security” of the non-public record is the same I suppose it doesn’t make a difference.
 

Lj3878

Junior Member
You can’t “set aside” a non-conviction because you weren’t convicted (wink wink)

Did you receive a judgment/order stating the charge was dismissed when all was said and done?




Have you checked your criminal records history to see if end of so, how it’s reported?
Nothing comes up in ICHAT, haven’t pulled anything from a firm on myself however
 

quincy

Senior Member
Quincy, it hasn’t necessarily become an issue as of yet. I think my fear is that as I continue to pursue different career opportunities in the job market, one disposition is going to be less secure than the other somehow. That may sound like an irrational fear however I keep reading posts where people are seemingly disqualified for jobs where convictions have been set aside or in instances where diversionary programs were completed and Im wondering if this is likely to happen to me. However, if the level of “security” of the non-public record is the same I suppose it doesn’t make a difference.
There are some professional fields that will be able to access the nonpublic records of applicants (medical, legal, educational, law enforcement).

Very old offenses - especially those where charges were dismissed or convictions set aside but even very old convictions on certain offenses - are not given the same weight that recent arrests and charges are given. What is almost always worse for an applicant than having a criminal record is not being honest with a prospective employer about that criminal record.

I suggest you run your own fingerprint background checks on yourself to see what shows up. This is smart for everyone to do, even those with no arrests in their pasts, because errors are not uncommon.

Good luck.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top