Legal Question in Criminal Law in Michigan

I plead no contest to a domestic violence charge in 2007. I was told to waive my right to trial, and that after six months of probation and a domestic violence class, that my record would be cleared. I recently obtained employment with a security company, and Iselected 'no' to a criminal history. After a month of work, I was told that something came back on my record for the city in which I got the charge. Was I right in selecting 'no' to a criminal history? Can they terminate me for this?


Asked on 4/28/10, 8:27 am

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

While you were "told" that it would be dismissed after 6 months, etc., did you ever get paperwork from the court that this happened? Or did you "assume" that it happened before you checked the box on the application? If it was me, I'd want a copy of paperwork from the court saying the case was dismissed (and then keep that paperwork in case anyone needs proof). I'd also check my own criminal record through the State Police's on-line i-CHAT system ($10 by credit card) to see what potential employers might be able to see about me regarding prior convictions. If you did that and saw that your CCH still showed the conviction on it, then you might do some follow-up with that court to see what's up, right? When it's something as important as your criminal history possibly affecting your future employment, why "assume"? Why be "reactive"? Be PROACTIVE. Now, were you correct to say "No"? That depends on the information and knowledge that you had at the time (although the employer might not be thrilled that you 'assumed' too much and were wrong). This section of LawGuru.com focuses on criminal law, not employment law so we can't give opinions on whether you might get fired. You should post a question about this in the Employment Law section ... but, maybe after you do your homework with the court and the state police about your case and what is actually on your visible public record.

Read more
Answered on 5/03/10, 4:07 pm


Related Questions & Answers

More Criminal Law questions and answers in Michigan