What can happen if I refuse a breathalyzer and how do I get the arrest off my record? 5 Answers as of October 20, 2014

I was falsely arrested 17 years ago. No charges were filed. The police department detained me for 24 hours and then I was released. I checked my record 7 years later with the police department to see if the incident is in my record and they told me there was no record of such incident happening. To my surprise I applied for jobs two months ago with the state and they told me I have it on my record. I am not able to get a job now as a result of this. What should I do to get the arrest off my record?

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Law Offices of Ezra N. Goldman
Law Offices of Ezra N. Goldman | Ezra Goldman
If you refuse a Breathalyzer, the secretary of state will automatically suspend your license. The rest of your question is missing some essential details; you can't get convicted of a crime that you haven't heard of. The most that can happen is that the court can issue a bench warrant. The expression "on your record" is the unclear part. It can not be on your record as a conviction, especially if no charges were filed. You need to hire a lawyer to resolve whatever this is.
Answer Applies to: Michigan
Replied: 10/20/2014
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
Only convictions should show up on your record, not arrests. You were arrested and there is probably a record of it somewhere but sense it actually happened I don't think there is really anything you could do about it.
Answer Applies to: Michigan
Replied: 10/17/2014
Hamblin Law Office | Sally Hamblin
The proper form can be fiiled with the court to handle such matter. It is suggested you retain an attorney to do so. The cost should not be excessive.
Answer Applies to: Michigan
Replied: 10/17/2014
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
See an attorney. An arrest only, with no conviction, should not have adverse consequences.
Answer Applies to: Michigan
Replied: 10/17/2014
Elhart & Horvath, P.C.
Elhart & Horvath, P.C. | Mattias Johnson
It sounds like there was a bit of a clerical error in your case. The easiest way to get this taken care of would be to contact the clerk at the court in which you were allegedly charged and have them look up the charge. When they do not find it, ask them nicely to please remove it in all forms from your record. If that does not work you may have to file with the court to have the charge expunged which is a relatively simple process but in order to expedite the process you may wish to hire an experienced defense attorney in your area.
Answer Applies to: Michigan
Replied: 10/17/2014
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