The Michigan State Police must remove arrests from someone’s criminal history if they do not result in convictions.
You do not have to lose a job because of an inaccurate criminal record. If you are wondering, “how do I get an arrest off my record?” you are not alone.
Arrests that Do Not Result in a Conviction Should be Removed
The bottom line is that the Michigan State Police (MSP) must remove an arrest from someone’s criminal history if they were charged with a crime but not convicted. There are various ways a person can be arrested and not convicted. For example, the arrest will remain on someone’s record if they were arrested and released without charges unless they file a request for removal with the MSP. In some cases, the police never obtain a warrant, and the arrest stays on the criminal history. Usually, the Michigan State Police will allow the arrest to be removed after 12 months if the petitioner correctly files the request. If you wonder, “how can I get an arrest off my record?” the following information should answer your most concerning questions.
If a judge or jury finds a person “not guilty” or dismisses charges, the law requires that the State Police destroy any fingerprint and biometric data. They must remove the arrest from the acquitted person’s criminal history. Unfortunately, arrests frequently stay on criminal records because MSP refuses or neglects to clear the criminal history. The Court Clerk must report the dismissal or acquittal with identical data for automatic removal of an arrest. MPS will fail to clear the record if there is the slightest mistake or discrepancy in the data from the Court Clerk. An experienced lawyer can correct the errors and ensure the person’s criminal history is updated.
Effect of an Arrest Without a Conviction
In Michigan, it is illegal for an employer to deny someone employment based on an arrest. Unfortunately, employers routinely discriminate against potential employees because of arrest records. Because potential employers rarely explain hiring decisions, it is difficult to prove that discrimination occurred. This is a huge problem because a simple internet search can quickly and easily discover criminal histories from public records. As a result, employers routinely use arrests to discriminate against job applicants illegally. These records also cause problems for students, professionals, parents in divorce proceedings, immigrants, and much more.
Why do arrests appear on a criminal history?
When the police or law enforcement officers arrest someone for a felony or misdemeanor punishable by 93 days or more, the police take that person’s fingerprints and send them to the Michigan State Police. The judge would order someone to get fingerprinted after arraignment if the prosecutor charged them with a felony or misdemeanor by a complaint or ticket.
What is the difference between ICHAT and OTIS?
The Internet Criminal History Examine Tool (ICHAT), which the Michigan State Police offer, enables anyone to instantly access the criminal history records of those who have been convicted or charged with crimes in Michigan, as well as for people who have active criminal proceedings. Offender Tracking Information System (OTIS) provides internet-based information to the public about offenders previously or currently under the jurisdiction or supervision of the MDOC. OTIS is not a criminal history tool.
How do I get an arrest record removed from the records of private background companies?
There are dozens, if not hundreds, of private vendors who sell criminal histories for background checks. Every business has a different procedure for deciding when to update information and how to acquire records. Providers of criminal background checks are subject to various federal rules, but none require periodic updates, unlike the regulations imposed on consumer credit reporting companies. There are several internet-based businesses specializing in requesting private background check companies to remove or stop reporting arrests that did not result in convictions.
How do I get an arrest off my record?
The arrest will only come off your record if the files with the Michigan State Police and the court are correct and match. If someone does not have experience getting records corrected, getting an arrest off your record can be a frustrating and daunting challenge. The best way to remove the arrest would be with a lawyer who has experience getting these records corrected and removed. If you are aware of errors in your criminal history, the defense team with LEWIS & DICKSTEIN, P.L.L.C. can help you set the record straight.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.