I was arrested in 1987 for possession of pot. I was released and never charged, but it still shows up on FBI records search and michigan ichat as an arrest with no dispostion. Local police department and the district court has no records. It is preventing me from getting clearance for a job.
If you truly were just arrested and never charged, not a 7411 dismissal, then you can hire an attorney to file am motion with the court for an order to have the arrest record and fingerprints destroyed/returned pursuant to 28.243.
Unfortunately, the arrest is a historical fact and typically remains on the computer information. There are many people who are arrested and not convicted. It is unusual for an arrest without a conviction to interfere with a job prospect but it happens.
In answering this question, it is not intended that an attorney-client relationship is formed and the information is for general reference only. I am licensed in Michigan and Florida and offer no legal advice outside of those states.
You will want to retain an experienced Michigan Defense Attorney to enforce Mcl 28.243 (7) which states: "If a petition is not authorized for a juvenile accused of a juvenile offense, if a person arrested for having committed an offense for which biometric data were collected under this section is released without a charge made against him or her, or if criminal contempt proceedings are not brought or criminal charges are not made against a person arrested for criminal contempt for a personal protection order violation under section 2950 or 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a, or criminal contempt for a violation of a foreign protection order that meets the requirements for validity under section 2950i of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950i, the official taking or holding the person's biometric data and arrest card shall immediately destroy the biometric data and arrest card. The law enforcement agency shall notify the department in a manner prescribed by the department that a petition was not authorized against the juvenile or that a charge was not made or that a criminal contempt proceeding was not brought against the arrested person if the juvenile's or arrested person's arrest card was forwarded to the department." Since there was never a criminal case started there is no place "to file a motion". A lawsuit may have to be started against the arresting agency and The Michigan State Police if the arresting agency won't or can't advise the MSP that the arrest did not result in any formal charges. Good luck!
THE WOLF LAW FIRM would be available to assist in this matter after a formal consultation to obtain all necessary facts and review all pertinent documents. THE WOLF LAW FIRM practices in all state and federal courts in Michigan. An attorney-client relationship with THE WOLF LAW FIRM or Answering Attorney is not established until and if a written engagement agreement is executed by all parties and an agreed upon retainer is tendered. In the meantime, please consider this response as a general answer for the benefit and entertainment of the public. We wish you the best. Thank you.
First choice is hire an attorney. Second choice is retain a service company, (typically staffed with attorneys) to et this removed. Either way, it is a process which will have associated costs.
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