Found an issue on this page? Let us know and we will look into it as soon as possible.
Expunge charge (not conviction)?
Anonymous2 views3 answers
Several years ago I was charged with minor marijuana possession in the State of Michigan. I completed a pretrial diversion program and the charges were dismissed - I was not convicted. I believe that it was under 333.7411 law.
According to the website of the district court where I was charged, these charges should not be public record. However, will the charges be visible to potential employers (such as government, law enforcement, etc employers), and if so, is there a way to expunge these records?
Yes and yes. Typically, a charge will be available to any database information service that purchases information from the clerk of courts regarding criminal records. So yes, an employer will be able to see the charge and also that it was ultimately dismissed unless it is expunged.
Yes, in most states a charge of this nature that is dismissed is eligible for expunction. Once the process is complete the clerk will remove the information from its database and in theory should no longer be available to employers.
Reality... Once something is out in cyberspace it is there permanently and can never be completely removed. Also, many database information services use outdated and old information, it costs the services less money to buy old information. So even once complete my still show in background checks for up to 12 months.
John S. Riordan, Esq.
West Palm Beach, FL
It is non-public. However, specific government agencies do have access to the record. These include prosecutors, the Department of Corrections, courts, and all law enforcement agencies. You cannot expunge it because there is no conviction to expunge. Even so, the same agencies also have access to expunged records, so that wouldn't get you anywhere further. If you're applying for a job with one of these agencies, they're able to see it. Other potential employers will not.
The Michigan law relating to expungements only applies to convictions, not charges. As a previous commentator indicated, a successfully completed diversion program results in no public record, but a non-public record is still available. This means that most employers, if they request a copy of your criminal record as part of a background check will not see the charge. However, government, law enforcement, and other high-clearance employers that have access to the non-public record will still be able to see that you were charged and successfully completed the diversion program. This, unfortunately, cannot be changed.
