Can I get my dismissed misdemeanor removed from a background check?

I had a “possession of dangerous drugs” (I had a small amount of marijuana) misdemeanor charge on my record from 8 years ago. Recently while looking into getting an expungement the court clerk told me the charge was meant to be dismissed years ago and had it corrected. When using i-chat (state public background service) I can still see a record exists. How can I get this to be removed or sealed? I thought under state law, a dismissed misdemeanor would be sealed? Am I missing something?

Asked on July 19, 2012 under Criminal Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The problem that you have is that even though you were charged with a misdemenaor and it was later dismissed, it will continue to show up on your back ground search unless there is a court order sealing it from the public.

As such, I recommend that you consult with a criminal defense attorney to see what can be done to get your arrest record sealed. If sealed, then most likely it will not be picked up in a background check in the future.


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