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Very heart broken and confused about this old “dismissed case"

Discussion in 'Hiring, Applications, Background Checks' started by Agreen, Apr 9, 2013.

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  1. Agreen

    Agreen Law Topic Starter New Member

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    Pretty hurt about the decision of a job with my background check. I was offered a job at a prestige hospital on April 8 2013. The very next day I received a call from the HR department telling me that they are going to have to take back the offer because of a dismissed case back in 2010. In 2010 I was twenty and I had drove my mother's car to pick up my paycheck from my job. I was stopped by the police for I’m guessing a routine stop because there were no illegal turns or such. So the cop ask the famous “do you know why I pulled you over?” line. (at this moment I was sure that it was for the the expired tabs) So I stated yes and explained that it was understood this was the reason for the stop. At this moment the cop explains yes and asked if I had realized that the tabs also do not match the plate that is registered to this vehicle(I believe it is under unlawful use of registration,license and licenses plate). (thinking to myself no) I let the cop know that I was not aware of that (because it was a burrowed vehicle) and the look on his face told me that he was for sure that it was a lie. The cop continued to ask the same question in different ways but I stood firm at first. It had got to the point that I was tired of the same question that I finally said that I knew about it and that I actually committed the crime. (which was not true but being only twenty I wanted this to end so I figured he will just let me go after being there for longer than an hour now that I am older I realized this was persuasion) which was not a great decision. So I was jailed and released the next day. I was told that I will receive a court date in the mail within a few weeks. The detective that was on the case contacted me on Aug 25 informing me that it was a screw up with the address and and my court date was originally set for Aug 24. The courts sent out a bench warrant for a no show. The detective set up the next court date for September 20 2010. Before I was arraigned I’d spoke with the prosecutor which gave me two plea options: option1 I could plead NOT guilty but would only most likely rule against me because I confessed to the crime and would bump the charge from a misdemeanor to a felony… (I was thinking I can’t go with that one a felony is far worst than a misdemeanor) option 2: plea guilty and walk with a misdemeanor that would be dismissed in a few months if I stay out of trouble (what they call a delayed sentenced) So just like anyone I took the second plea. I was also told that it would clear from my record after seven months which was a complete fib. Fast forwarded to the present day I was lucky enough to know someone who works for the hospital and had the person to have my application reviewed. (that was the only way to get a call back from this hospital it’s that difficult to get in this particular employment) I applied to this hospital a couple of weeks ago and I nailed the interview. I received a call April 8 offering me a position and of course I accepted. I was told the very next day April 9 2013 (that the job that I have been applying to for three years straight) and that hey have to take back the job offer. On the application it specifically asks if I have ever been convicted of a crime such as a (felony or misdemeanor ) except for minor traffic violations? I answered no, I didn't think that my case was considered a conviction because of the dismissal status… but the courts call it a conviction by dismissal. Although it is “DISMISSED" it is considered a conviction as well. My question is there a way I could clear this? and How do I address this on applications now that I know it is a "conviction"
     
  2. army judge

    army judge Super Moderator

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    The only way that your record could possibly get better is to try to have the record expunged.

    Contact a local lawyer and see what he or she advises.

    Expunction works differently in each jurisdiction, so speaking with a local lawyer is the best way to proceed.

    No, its isn't a form you complete, so it isn't a DIY project.

    The other option is to seek an executive pardon, through your state's governor.

    You can search for your state's governor and it'll describe how that process works.

    However, your case is probably too new to qualify for a pardon.
     
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  3. Betty3

    Betty3 Super Moderator

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    Michigan:
    A pardon in Michigan relieves the punishment and takes away the existence of guilt. A pardon puts the offender at an innocent status in the eyes of the law as if the person never committed the crime. You can apply for a pardon any time after your sentence is completed.

    A pardon will restore the right to serve on a jury. Firearm privileges may be restored by the concealed weapons licensing board. The board must find convincing evidence that the person is not likely to be dangerous to the safety of other persons.

    Setting aside (expunging) your criminal record means that your prior conviction is set aside. If you have a conviction expunged, you are considered not to have been convicted for most purposes.

    After an expungement, you can honestly tell potential employers that you have a clean criminal record.

    Your conviction can only be used for very limited purposes, such as increasing your sentence if you are convicted of a new offense. An expunged conviction is not supposed to appear on your rap sheet.

    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 may apply to have a conviction set aside when 5 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 5 years have passed since being released from the term of imprisonment for that conviction.
     
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