Retail Fraud Arrest Record in Michigan

**gomad** · 06-07-2012, 03:11 PM

My question involves criminal records for the state of: Michigan

So last year I was charged with 3rd degree retail fraud in southeast Michigan. I was offered a deferred sentence program. After a few months of probation, the conviction was set aside and that was that.

After speaking to my lawyer, I realized that while I have no conviction record, my arrest record is still public information. Potential employers have easily found it as well.

I recently came across this website to dismiss arrest record, but my lawyer said that it would only said it would only take effect in the state of Michigan: http://www.michigan.gov/msp/0,1607,7....html#returnpt

My lawyer said that Michigan state police automatically forwards fingerprints to a federal database, and if I were approved for the arrest record dismissal, I would still be in the federal public system.

Is there no way around this? Will my arrest record forever be public information by virtue of Country-wide record databases?

Please let me know what I can do, if anything

**Mr. Knowitall** · 06-09-2012, 11:14 AM

The statute at issue, MCL 28.243, is automatic in its application. You only need to file a petition if a law enforcement agency has not followed the statute.

Your lawyer is correct that, if your fingerprints were forwarded to the FBI, you cannot expect the FBI to destroy them based upon that statute. That statute also has no impact on court records reflecting the fact that you were charged and prosecuted - that statute addresses only your fingerprints and arrest card.