Expert: Robin Sexton - 7/31/2008

Question
QUESTION: Hello.  I live in Michigan, if that's relevant.  My boyfriend received his papers discharging him from probation.  The papers said something like "not a matter of public record".  What exactly does that mean?  If he applies for a job or an apt and a background/criminal check is run on him, will his incident show up or not?  Thanks.

ANSWER: Brandi,

I would need to know the context of the phrase " not a matter of public record".  What is it referring to?  What was his charge ? what was his sentence?
If he was sentenced to a deferred program such as section 7411 for drugs, Holmes Youthful training, etc then his record is non public and only available for law enforcement. Therefore a non law enforcement check would not reveal his record.
You could just call the probation dept and ask.  They could tell you or him real quick.

Good luck

Robin

---------- FOLLOW-UP ----------

QUESTION: We tried calling his probation officer for the last few weeks and she's never in and has yet to return his very detailed messages.  His charge was domestic violence for which he received a deferred sentence, pending his completion of a slew of classes and AA meetings, which he completed (and is still attending, even though his probation is finished).  After he completed his classes, he received the papers, which said something like the charges were dismissed and the incident wouldn't be a matter of public record.  I called the prosecutor's office and the legal secretary said she thinks that means it will never show up, but I'm trying to make sure.  We're looking to move out of state and I don't want to spend money applying for apts, only to find we have no real chance of approval due to this mess.  Thanks.

Answer
Brandi,

Now i am clear.  He received a deferred sentence meaning once he finished his probation it is like the case never existed.  So it should not show up on any public search.

Just so you realize nothing is perfect.  Government has little control over what appears in a public data base, news accounts etc sometimes make their way in.  However the "official" records would show nothing

Good luck


Robin