Michigan Expungement and LEO Employment

[CyberKnight13]

I am 28 years old and a veteran. I was convicted of violation of MCL 750.136B5, child abuse in the 4th degree. This conviction was on October 24th, 1998. I was sentenced to probation and did not serve any jail time.

I joined the U.S. Navy in 1999. I eventually applied for a secret security clearance in 2004 or 2005, I cannot remember which. The investigation took almost 2 years for the Navy to complete. I was initially denied a clearance due to this conviction.

In 2005 I applied for the conviction to be set aside under MCL 780.623. I also contacted Michigan DHS and applied to have my and my ex-wife's names removed from the Michigan Child Abuse and Neglect Registry.

After a few letters and an investigation by DHS, my and my ex-wife's names were removed from the Michigan Child Abuse and Neglect Registry on 8/19/2005. I went to court and went in front of the judge that handled my case in 1998. The judge granted my motion to set aside this conviction.

I went to federal court on my appeal for my security clearance denial and testified before a federal judge. The judge sent a recommendation to a federal panel who awarded me my secret security clearance in 2006.

I was a sworn military police officer from January 2004 until I left active duty in March 2007. I carried a weapon and had arrest authority, etc. I worked several protective details for President Bush and other celebrities and dignitaries.

I received an honorable discharge from the U.S. Navy in March 2007 and returned home to Michigan. I have been unable to find employment in Michigan. I have been turned down for law enforcement jobs here in Michigan due to my conviction that was set aside. It appears I am unable to get hired as an LEO due to my record despite it being sealed.

What can I do? Is a pardon possible or even likely for me? I want to be an LEO again but feel at this point that will never happen in Michigan despite my service record. Any advice is appreciated.

[Mr. Knowitall]

Pardons in Michigan are exceptional - they are very rarely granted, and in those rare circumstances clemency usually comes in the form of a commutation of sentence (not helpful to you). As you know, unfortunately, expungement is not sufficient to prevent the consideration of your conviction for law enforcement employment. Unfortunately, if you want a law enforcement job, you will probably be better of seeking employment in a different state.

[CyberKnight13]

Pardons in Michigan are exceptional - they are very rarely granted, and in those rare circumstances clemency usually comes in the form of a commutation of sentence (not helpful to you). As you know, unfortunately, expungement is not sufficient to prevent the consideration of your conviction for law enforcement employment. Unfortunately, if you want a law enforcement job, you will probably be better of seeking employment in a different state.

As the conviction still shows on my record in Michigan, although as "supressed", I obviously have to claim it. If I were applying for federal law enforcement or law enforcement in another state, do I need to claim it?

[aaron]

You have to follow the laws of those states. I expect that any federal job will explicitly ask about it, and explicitly note that you are to report expunged convictions.

[CyberKnight13]

You have to follow the laws of those states. I expect that any federal job will explicitly ask about it, and explicitly note that you are to report expunged convictions.

I had thought that it would depend on the expungement laws of the state I am applying to. I was not sure though if instead it would go by Michigan law as that is where it was expunged.