Stop Letting Your Criminal Record Hold You Back

Having a criminal record can make obtaining a job difficult. With more than 80% of employers performing background checks, getting a job is tougher than ever. Fortunately, Michigan allows for records to be set aside in some instances. Upon having your record set aside, your job opportunities are broadened and so is your potenetial to make more money.

By having a record set a side, a person previously convicted of a crime greatly limits the number of people with access to that information. Getting an order setting your record aside avoids a situation where an employer might unjustly exclude a person convicted of a crime. Employers who are concerned about getting sued because they hired an employee with a record can often make an argument that the exclusion of a person based on his or her arrest or conviction record is in-line with a business necessity. Arguing that an employer is actually discriminating against a person with a record unfairly is a time-consuming process that usually means finding an attorney specializing in employment and labor disputes. Simply setting aside your record removes many practical and legal hurdles standing between a job applicant and a new career, avoiding legal headache further down the line.

An employer may not use a record of a conviction that has been set aside and should not be able to even locate it. A person who has had his or her record set aside does not have to disclose the fact that the arrest or conviction occurred. Upon the entry of an order to set aside a conviction, the applicant, for purposes of the law, shall be considered not to have been previously convicted, except for limited circumstances such as associated civil trials or entry onto the sex offender registry. This means you can usually answer questions like "Have you ever been convicted of a crime?" with a confident "No!"

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