Legal Question in Criminal Law in Michigan

I was under the 74-11 law in Michigan and completed the program in October of 2012. Nothing is supposed to come up under a background check. But when a couple potential employers ran a check it said that I was released from probation. Why would this be showing up on a background check?

Asked on 5/10/13, 5:59 pm

2 Answers from Attorneys

William Morrison Action Defense Center

Shouldn't. There are exceptions for law enforcement, public school teachers and national security. Ask your probation officer.

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Answered on 5/10/13, 7:58 pm

Christopher Brown Brown & Associates, Legal Services, PLLC

This should be a non-public record. However, there are exceptions depending on the type of employment you are seeking see MCL 333.7411 for those exceptions. Probation conditions are not typically a public record this leads me to believe the potential employer viewed this information on the OTIS site (offender tracking information system). This could be a simple clerical error where MSP (or the court clerk) made a mistake in reporting this as a public record or something else such as you violated a term of probation and the 7411 was revoked and your probation continued. There are other possibilities too numerous to cover via this short response feel free to contact me on my weekend number. To start check OTIS first then pay the $10.00 fee on ICHAT to see your public record the link is below.

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Answered on 5/11/13, 7:21 am

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