If I had an arrest for domestic assault and battery but the case is being dismissed with a suspended conviction, can I get my arrest expunged?

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If I had an arrest for domestic assault and battery but the case is being dismissed with a suspended conviction, can I get my arrest expunged?

I plead no contest so that after I finish probation my conviction record will be wiped clean. But I am worried that for future jobs (medical field) if I am asked if I have ever been arrested I will be in a tough situation. This is especially important for licensing reasons.

Asked on December 19, 2010 under Criminal Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are stating here that your record will have no evidence of a conviction.  It will, though, have evidence of a no contest plea, correct?  And yes it is true that your arrest record will remain in tact and that will have to be expunged.  Here is the law in Michigan for setting a conviction aside or expungement:

"A person may apply to have a conviction set aside for any crime except: 1) a conviction of a felony or an attempted felony punishable by life imprisonment; 2) a violation or attempted violation of criminal sexual conduct under MCL 750.520c, MCL 750.520d, or MCL 750.520g; or 3) a traffic offense. A person who has had more than one conviction for any offense cannot apply. A person may have only one conviction set aside.

A person who has been convicted of a nontraffic offense that is reported to the Secretary of State may apply to have the conviction set aside, but if the application is granted, the court cannot order the removal of the offense from the Secretary of State's records.

A person may apply to have a conviction set aside when five years have passed since the date he or she was sentenced for the conviction, as long as he or she was not imprisoned. If the person was imprisoned, he or she may apply to have the conviction set aside when five years have passed since being released from the term of imprisonment for that conviction."

I would double check with your criminal attorney if this will apply to you because of the no contest plea.  Make the application for expungement of the arrest record and see if it is accepted.  And always remember to run a background check on yourself once it is supposedly completed to be sure.


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