Fenton, MI asked in Civil Rights, Employment Discrimination and Gov & Administrative Law for Michigan

Q: What action can I take if the Secretary of State/DMV is falsely reporting that I committed a crime?

I was charged (but not convicted) with Minor in Possession of Liquor when I was 16. The case was dismissed. I was told the record would be expunged when I turned 18. I am now 23 and this incident is still showing up on my driving record (Why my driving record??).

This is now hindering my ability to find employment.

What action can I take? Can I sue?

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

A: Lots of questions here...who told you it would be expunged when you turned 18? And even if true, court records (which a judge would have the power to expunge) are different than the Secretary of State's records (which judges have no authority over).

My first step would be to reach out to the attorney who represented you. Failing that, I would gather all the records you have and bring them to an attorney who may be able to help you figure out what's going on. i can appreciate your frustration, and this would certainly be an unusual situation, but there may be an explanation.

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