My question involves criminal records for the state of: Michigan
I was arrested 1/18/2009 originally for DV, which was reduced to Disorderly Person, and then dismissed without trial.
In early July, I crossed from the US into Canada. The border agent asked if I "had a record," to which I replied "No." She proceeded to ask if I had ever been arrested, and I said "Yes, over 8 years ago, and all charges were dismissed." She then asked if I had any court orders showing the dismissal. I did not (as I was under the impression it was dismissed and nothing should be on my record). She told me she would take my word for it, but she didn't have to let me into the country. She suggested that I should obtain paperwork showing the charges were dismissed and carry this with me when doing any future foreign travel.
(Note: I have crossed into Canada on several other occasions without incident.)
That being said and to avoid any future border issues, I have the following questions:
1. Why would this be showing on my passport, and how do I get this removed, so I don't have a similar incident? Or, am I expected to carry the order of dismissal with my passport for the remainder of my life?
2. How can I confirm my fingerprint / arrest record was destroyed?
3. The Criminal Clerk at my District Court told me I could request a certified dismissal, and submit this with an MC-235 to destroy my fingerprints / arrest record. Do I need an attorney to do this, or can I do it myself?
I am trying to understand why this incident at the border occurred, and to take actions to prevent any future incidents.
Thank you in advance for you help.
I was arrested 1/18/2009 originally for DV, which was reduced to Disorderly Person, and then dismissed without trial.
In early July, I crossed from the US into Canada. The border agent asked if I "had a record," to which I replied "No." She proceeded to ask if I had ever been arrested, and I said "Yes, over 8 years ago, and all charges were dismissed." She then asked if I had any court orders showing the dismissal. I did not (as I was under the impression it was dismissed and nothing should be on my record). She told me she would take my word for it, but she didn't have to let me into the country. She suggested that I should obtain paperwork showing the charges were dismissed and carry this with me when doing any future foreign travel.
(Note: I have crossed into Canada on several other occasions without incident.)
That being said and to avoid any future border issues, I have the following questions:
1. Why would this be showing on my passport, and how do I get this removed, so I don't have a similar incident? Or, am I expected to carry the order of dismissal with my passport for the remainder of my life?
2. How can I confirm my fingerprint / arrest record was destroyed?
3. The Criminal Clerk at my District Court told me I could request a certified dismissal, and submit this with an MC-235 to destroy my fingerprints / arrest record. Do I need an attorney to do this, or can I do it myself?
I am trying to understand why this incident at the border occurred, and to take actions to prevent any future incidents.
Thank you in advance for you help.
Expungement and Sealing: Passport / Immigration
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