Legal Question in Criminal Law in Michigan

why did a 20 yr old felony not show up

I'm worried about a 21 yr old felony show up on background checks that will be done on a couple of jobs I applied for. I went to the Michigan State Police website and ran a background check on myself, and much to my surprise, NOTHING came up.

Why?


Asked on 1/10/08, 9:31 am

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: why did a 20 yr old felony not show up

Some criminal history search (usually by police, prosecutors or the courts) are "unfiltered" ... meaning that they go back as far as the computer records are held, and show both convictions, acquittals, cases resolved as non-public records, and cases with disposition information unavailable.

Other criminal history searches, particularly those requested by the public and employers, are filtered to NOT include acquittals/dismissals, non-pubic record dispositions or cases where the outcome is not known. Also, most of these searches only go back 10 years.

This does not mean that your 'record' disappears once it is 10 years old. It is there, but the MSP rules for public access to their computer records only allow a 10-year search. (Check with MSP to confirm this.)

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Answered on 1/10/08, 9:45 am
William Morrison Action Defense Center

Re: why did a 20 yr old felony not show up

Were you under 21 when you committed the felony? If so, it may have been taken under HYTA or (at any age) 333.7411(drugs) which would not be a conviction.

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Answered on 1/10/08, 3:38 pm


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