Legal Question in Criminal Law in Michigan

I was convicted of a domestic violence charge 10 years ago here in Michigan. The case was dismissed under 769.4A and made non-public. Now, I am trying to get into the military. I was told by my recruiter that they are not accepting anyone right now with previous domestic violence charges.

However, this is a sealed record. I have a court document from the city of the offense stating an order of aquittal from all charges. I also have a document from the records bureau stating that I have no record, criminal or otherwise, on file with this city.

Does it fall under the Laughtenberg Ammendment still? This is the one and only offense that I have ever been convicted of. I have a clean record otherwise and have never had any other encounters with the law. I really want to get into the military and wish to know exactly what I can do to be eligible. I sincerely regret ever being cohersed into believing that pleading "no contest" to these charges 10 years ago by my assigned public defendant. I could have never imagined how badly it would continue to affect me in the future. What options do I still have?


Asked on 10/11/10, 10:57 am

1 Answer from Attorneys

William Morrison Action Defense Center

The military, the police, and certain government agencies have always had access to non-published records.

Also, 769.4A does not allow for pleas of "no contest" to enter - only guilty pleas.

You might ask another recruiter if this low level misdemeanor will keep you out of the military. I doubt that it will.

Read more
Answered on 10/16/10, 3:01 pm


Related Questions & Answers

More Criminal Law questions and answers in Michigan