My son age 17 (live in Michigan) went to court for posession. ?

Question

Judge tested him and found clean once he graduated is was dismissed telling he would have no record and no one would ever know. Now several months later shopping for auto insurance it is popping up. I have contacted the court twice and she has requested removal from lansing. How do we get his record removed--not just noted settled. NO RECORD WAS SUPPOSE TO EXIST FOR HIM. Inurance rate are out of this world due to his age and this record. It was under rule advisement 7411 expunged-case dismissed no record of it. I have requested a letter but keep getting put off----insurance says I will need to take one to our sec of state for it to be removed from driving record as well. Please help

Answer 1

you might have to actually go to the main SOS office in lansing to have it done right.. you cant count on the Schmo at local office

Answer 2

The advice above me is very good ^^^

You could try writing a professional letter to the Judge regarding the case or write a letter to the courts Attn. Judge Joe Blow. Just state the facts; date of case, name, what happened. Be very polite and ask for help regarding the issue.

Your second option would be to contact a lawyer for legal advice. It wouldn't be as expensive because you just need a little help - it's not like he's fighting a murder case for you... he's simply writing letters to the right people and helping you out. At this point, it might be the cheaper route to hire a lawyer rather than pay out the @$$ for insurance until your son is 25 and rates go down.

Either way you want the info removed from his record. He could decide to be a police officer or a teacher or something... they might have a problem with possession on his record.

Answer 3

I think you are describing a Michigan law known as "Section 7411" which provides for a period of probation, usually 2 years, and applies to first-time drug offenders. If they remain clean and law-abiding, then the case is treated as if it never occurred.

If your son successfully completed probation, then he should have absolutely no record, not at the Secretary of State, and not anywhere.

If he violated his probation, then he has a conviction, because he didn't live up to his end of the deal. In that case, he will have a record.

But if he got through probation successfully, and it's still on his record, his attorney needs to go back to the judge, and make a Motion to Expunge Arrest Records, Return Fingerprints and Mugs, and Remove From LEIN. If the judge grants the motion, and the judge should, the court order will force all police agencies, the Secretary of State, and all other government units, to destroy the records which bear his name.

Answer 4

I think that you have to see a lawyer so he could take care of the problem.. Its going to cost you..

Answer 5

I live in Michigan, mt brother had 7411 and he has no record.  This is what you do, you GO to the courthouse.  You request copies of the "Final Judgement" in his case.  You tell them of the problem.  You make a copy of the judgement of sentence or final judgement and take it to the secretary of state.  Then you take this judgement of sentence to a local State Police post.  You have them check the LEIN.  State police are also responsible for removing this info.  You should make copies of the judgement and send a letter and the judgement certified mail to the court, the state police, secretary of state and the attorney who handled it.  Although do not expect much help from that attorney.  His job is done.  Good luck, it should not be showing up!