Legal Question in Criminal Law in Michigan

5 years ago I was arrested on a misdemeanor charge in Virginia. Before trial it was proven that I did not do what I was accused of. The judge ruled my case as nolle prosequi. About a year later I had my arrest expunged. I was told that this arrest was gone, due to the expungement. My question is this, I am now applying for a police officers position in Michigan, will my arrest show up on their background check? Again, I am not to concerned since I was never charged and the Sheriff of the department who arrested me has even told me to have any potential employer call him and he would explain the situation. I am just curious if I should tell the background investigator prior to him running the background or just wait and see if it comes up. Any advice would be great.


Asked on 11/20/13, 1:19 pm

1 Answer from Attorneys

Jared Austin Austin Legal Services, PLC

My guess is they would hold you withholding the arrest fro th more than the actual arrest itself. They would probably more inclined to not offer you a job because they think you're a liar than an arrest that was dismissed. That being said, the arrest should show up on your record unless there was a court order from a judge ordering that such records be destroyed.

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Answered on 11/20/13, 1:40 pm


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