[zaky]

Can you become a police officer in Michigan with a expunged felony

[twinkiedooter]

Your best bet is to contact the police facility that you would like to join and ask them this question as the answer varies from police agencies to police agencies.

[JudyKayTee]

Your best bet is to contact the police facility that you would like to join and ask them this question as the answer varies from police agencies to police agencies.

Criminal law is not my thing but I thought once a conviction was expunged it was gone forever - A quote (and I don't know how to post the site) is: "An expungement helps because it totally erases the case from your record. Anyone checking your name will not even see the case. And under North Carolina law, you are not required to tell them about it. In other words, if they ask you if you have ever been charged with a crime, you can legally and ethically say 'no.'" (I find very similar wording in Michigan.)

Expungement means to strike or cancel out so - poof! - it should be gone.

[twinkiedooter]

Criminal Process in Michigan

"In Michigan, under some circumstances, you may be able to have a criminal conviction expunged (set aside), which means that the record cannot generally be accessed or used. However, a set-aside record can be accessed if you apply for a law enforcement job or in a future criminal case against you."

Doesn't say anything about it going away, does it? It says a set-aside record can be accessed if you apply for a law enforcement job... so poof it's not gone by a loooong shot at least in Michigan.

[JudyKayTee]

Criminal Process in Michigan

"In Michigan, under some circumstances, you may be able to have a criminal conviction expunged (set aside), which means that the record cannot generally be accessed or used. However, a set-aside record can be accessed if you apply for a law enforcement job or in a future criminal case against you."

Doesn't say anything about it going away, does it? It says a set-aside record can be accessed if you apply for a law enforcement job....... so poof it's not gone by a loooong shot at least in Michigan.

Once again with the sarcastic mouth.

Read my post - I said it "should" be gone. I didn't say it was.

And "can be" doesn't mean it will.

All else aside - perhaps the poster should ask an Attorney this question before he/she wastes an education and a great deal of time trying to decide what is and is not correct.

[twinkiedooter]

Why not just call the police agency as they will be able to evaluate the circumstances of the original felony charge and decide yes, no, or whatever. It's all up to their policy. This person just might fall into the guidelines of just who they would accept depending on how long ago, etc. It may be that he would have to wait say 10 years from the original charge.

[JudyKayTee]

[QUOTE=twinkiedooter] In Michigan it can be accessed if you apply for a law enforcement job."


I have no problem being "red flagged" if I am incorrect and inaccurate and post my "facts" without qualifying them.

I DO have a problem when I am "red flagged" based on a totally incorrect, inaccurate interpretation (to say nothing of mis-quote) of what I have said.

This is not a message board and personal disagreements which turn into vendettas have no place here, nor, possibly does this response.

If you disagree with me on the facts, no problem. I am not attempting to win a popularity contest. However, if the "red flags" come out of some sense of retaliation (which is how I choose to see them) I am prepared to quote other posts in other forums on other subjects. Research is a large part of what I do - and I'm good at it.

So let's play nice.

[Fr_Chuck]

Ok, sorry guys, but you don't know the law on explunged criminal records.

The records are only marked explunged on the NCIC computer report, when the report is ran, before it is given out the person running it, deletes any explunged part of the record. But anyone looking at it for a police or law enforcement ( POST) position, or anyone running it for a national background search, will not only see all of the convictions, but even see all of the arrests even if found not guilty or case dismissed.
The explunged records willl show up on the date of arrest, date of conviction and it will merely be posted as Explunged.

So it will show up if you apply for a police position, and if you go for any job that requires a national security clearnance.

You did not say what the felony was for, while it is very hard, it is possible to get hired on some with some felonies. It was recently found in Tennessee for example several highway patrol officers had felonies on their record.

[JudyKayTee]

Ok, sorry guys, but you don't know the law on explunged criminal records.

The records are only marked explunged on the NCIC computer report, when the report is ran, before it is given out the person running it, deletes any explunged part of the record. But anyone looking at it for a police or law enforcement ( POST) position, or anyone running it for a national background search, will not only see all of the convictions, but even see all of the arrests even if found not guilty or case dismissed.
The explunged records willl show up on the date of arrest, date of conviction and it will merley be posted as Explunged.

So it will show up if you apply for a police position, and if you go for any job that requires a national security clearnance.

You did not say what the felony was for, while it is very hard, it is possible to get hired on some with some felonies. It was recently found in Tennessee for example several highway patrol officers had felonies on thier record.

Fr Chuck is absolutely correct and I was absolutely incorrect! Sorry if I caused any confusion.

[excon]

Hello zaky:

Expungement hides the record. A pardon removes it. And, I'm not sure how well an expungement works anyway. Once data is out in the cyberworld, a court order isn't going to bring it back in.

If you want to be able to tell the truth about NOT being a felon, you need a pardon. Otherewise, it ain't so.

Will the cops hire you? I don't know.

excon

[harleywiz]

OK I'm doing this in the state of Florida here's how it is in Florida you can not get a expungment for a felony conviction that you were found guilty of
You can get a full pardon does not erease your record it just forgives the crime allowing you to get a job that requires no felony conviction
If they run a backroung check it will show the crime and the pardon for said crime I talked to many police departments in Florida some said no to hireing some said depends on the crime and the time that has passed afther the crime and you must have the pardon I am in my 2nd year of college for a cj degree
And plan in going through the police academy in 2010 if I get my pardon takes up to 2 years to get a pardon in Florida I am on my 2nd year I am hoping to have my degree and passed the academy and be fdle cerified so there is no cost to the department that hires me (thinking this will look good do a department) I have been a volunteer to the local city police for 4 years also hopeing this looks good to where I decide to apply also another hurtle is I am 51 years old and the conviction was 32 years ago so I have the age factor also some departments says it's a plus a I have seen more then a 18 yr old recruit also a just a quick note just because your crime is expunged does not mean its gone my understanding is there will be a notice remove it from records does not mean it will be also there are comapanys thate sell record checks in a bunch of states if you think every one every where is going to remove the record forget it it won't happen thake the police department that the crime was committed they may have a folder in storage somewhere even if they remove from there computer the folder is flotaing in storage and some day someone might be doing a search and come across it and reenter it or my be looking at back cases and use it for a mo research so it could come back to haunt you in the future legal they can't use it againse you but its like the judge who fines you guilty of speeding but uses your past driving record when he fines you that was the past and you all ready paid for the old tickets buy he gives you a larger fine bucuse you have them

[schwaabby]

FR Chuck is correct. They can see the arrests, but the convictions are questionable and they will question you further. If you had a grand theft (CA more than $400 value i.e. iPod, idiot college stunt) you will be forgiven most likely by your local agency. If you have a rape, or anything physical you will never be close enough to a uniform to even smell it, until you're getting arrested again.

Same with the military at the enlisted level. Officer level I don't know, probably a similar thing.

[schwaabby]

You can with expunged convictions. They will question you as they will see them. Non-violent=good to go. Violent=you're screwed.

[martisas]

Michigan has a new law passed in 2011 called 4106, which helps people with expungements get it clear from even the governments vision as long as its only one felony. You have a better chance than most of the other people in the Country because even with an expungement, they have to reveal criminal records if applying for government jobs because they are still visible on the live scan.

[JudyKayTee]

Michigan has a new law passed in 2011 called 4106, which helps people with expungements get it clear from even the governments vision as long as its only one felony. You have a better chance than most of the other people in the Country because even with an expungement, they have to reveal criminal records if applying for government jobs because they are still visable on the live scan.

I'm reading that expungement does not apply to people with violent convictions for violent crimes or sex crimes; also, the Government is still able to access the record. It is "invisible" to other than Government agencies. http://www.legislature.mi.gov/docume...1-HIB-4106.pdf

Would it help people applying for work in the non-government sector? Yes.

It's far more complicated than your post would indicate.

[FLPolice107]

Yea its off your record, but I am a police officer and the police can still see the conviction. If you are applying for any type of government job, they can see your criminal record more in depth. So what the average job wouldn't see a government job would. What was the conviction for?

[jaygee1267]

That's NOT entirely true. It Varies from state to state. In the state of Mississippi-When you hire a lawyer to petition the court for expungement, the lawyer will file the petition and proposed expungement order, set it for hearing if necessary, and get the court to execute it. At that point, the court clerk will literally destroy any record of you ever being there by blotting out or blacking out or otherwise removing your name from the criminal docket, by the using white-out, ink, or by cutting out your name from the printed paper. The clerk will also delete your name, social security number, address, phone number, etc. from any court computer records. Finally, the clerk’s office will send a copy of the expungement order to the Mississippi Criminal Information Center.

Once the expungement order reaches the Mississippi Criminal Information Center, the record will be kept in a confidential database maintained by the state that is accessible “only upon written request by a district attorney, a county prosecuting attorney, a municipal court prosecuting attorney, the Attorney General of Mississippi and the Mississippi Law Enforcement Standards and Training Board.” Miss. Code Ann. § 45-27-21 (Supp. 2010). The only reason the expunged conviction may be revealed is “for the purpose of determining habitual offender status and for the use of the Mississippi Law Enforcement Standards and Training Board in giving or retaining law enforcement certification, and to ensure that a person is only eligible for first-offender status one (1) time.” Miss. Code Ann. § 45-27-21 (Supp. 2010).

[Fr_Chuck]

Police departments will always still see the court records and the explungments, I have ran 100's and 100's of background checks and looked at many criminal records every single day for years.

The police just can not release that information publicly and only use it for their own purpose.