Grass Lake, MI asked in Securities Law for Michigan

Q: Is there a way to check that an expungement does not come up on a check for the U4 FINRA Application for securities?

This is for Michigan.

I have had a background check and have searched the Michigan State Police site and done another background check on myself and it didn't show up. I just don't know if there is another way they can see it or find an expunged record.

How can I assure that it is not traceable and I can answer that I do not have a misdemeanor?

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Grand Rapids, MI
  • Licensed in Michigan

A: If you have a court order granting an expungment, they you can honestly say you do not have a misdemeanor. An expunged conviction is "non-public"; it does not disappear. Courts and law enforcement have access to expunged convictions. Further, depending on how detailed an employer or anyone else doing a background check on you is, it's possible to piece together expunged records - but they would have to really be digging for stuff.

If you can answer "no" on the application, and they have no other reason to dig further, you should be okay. You would not be doing anything wrong. If they later find something and ask you about it, then you can truthfully explain how and why your conviction was expunged.

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