QUESTION
Under MCL 771.1, is there a public record after the case is dismissed?
Asked on Oct 22nd, 2011 on Criminal Law - Michigan
More details to this question:
I am currently on a deferred sentence for Retail Fraud, 3rd degree, under MCL 771.1. I've been hearing conflicting opinions from various people on if this record will be viewable by the public once I'm successfully discharged from probation. Some people have said that it will be a public record and cannot be sealed, others say that you can petition to have it sealed others say that once I'm done with probation it will automatically be sealed. What is the right answer? And what is the best course of action for me to take once I've completed probation? I do not want this to be viewable if I can do anything about that, I don't want my background check to reflect this if I can do anything about that. Being employable in the near future is top priority for me.
6 ANSWERS
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Yes.
Answered on Jun 03rd, 2013 at 12:31 AM
Michael J. Breczinski
In some cases the record gets sealed and in others it is public record.
Answered on Oct 26th, 2011 at 3:23 PM
Steven D. Dunnings
You will not have a public record of a conviction, but there will be a public record of an arrest.
Answered on Oct 25th, 2011 at 2:10 PM
Once a deferred sentence is completed, the case is dismissed. Checking the court records, one would be able find that the case exists but it was dismissed. This would be a public record. You may be able to move for expungement after 5 years from sentence and/or completion of probation.
Answered on Oct 25th, 2011 at 1:23 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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I suspect that your attorney could have explained all of this prior to entering a plea. Under 771.1 your case is in a deferred sentencing status. A conviction is placed on your record at the time of the plea. Sentencing is deferred for the period of time decided by the Judge, typically one year. At the end of that year, if you've complied with all other aspects of the Judge's orders, the matter is dismissed at sentencing. So in effect, the conviction is on your record until the deferred sentence date. At sentencing, it is dismissed. A dismissed case can be reviewed as a public record. If this is your only conviction, then after 5 years you could seek an expungement, This removes the matter from the data base, making it less public, and keeping it from public vies. Government agencies can still see that you had a case, plead, and the matter was dismissed under 771.1. After dismissal, a background check from a non-public agency for employment will not see the conviction and dismissal. There may still be repercussions if you seek a CCW or security clearance. There are percussions if you are not a US Citizen.
Answered on Oct 25th, 2011 at 1:03 PM
Yes, there is a record of the charge and a dismissal.
Answered on Oct 25th, 2011 at 12:51 PM