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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111567
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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What does michigan law state on filing a false csc report

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What does michigan law state on filing a false csc report .what are the consiquence to the individual who filed this report , the case did not go to court the individual closed this case . Does anyone have access to this report even if this case was closed , but left on the report for informational purposes only.
Section 750.411a of the Michigan Penal Code, states that, "a person who intentionally makes a false report of the commission of a crime . . . to a peace officer, police agency of this state or of a local unit of government, 9-1-1 operator, or any other governmental employee . . . is guilty of a crime." Under MI law, if the crime you were accused of was a felony, then the person who filed the false report would be charged with a felony punishable by up to 5 years. If the crime they accused you of was a misdemeanor, they would be charged with a misdemeanor punishable by up to 12 months.

Law enforcement and government agencies have continued access to these reports even if the case was closed, but nobody else has access.


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Customer: replied 5 years ago.

Even if this case was closed, is this still open for the public to see that i was accused of this crime? threw the internet or threw local courthouse

If you were charged with a crime, your criminal record is public record and you can file a motion to expunge the arrest. However, if only a complaint was made and investigated and you were not actually arrested, this is not public record and is only available to law enforcement and government agencies to see and not the public.
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Customer: replied 5 years ago.

So if i was to apply for a job with any type of goverment agency and the run a criminal back ground check, this would show up on there report? why is this avalible to goverment agencies and law enforcement agencies , and if i was stopped for a routine traffic violation does this show up on the officers computer in there patrol car?

 

I still do not know if you were actually arrested or if they just investigated you on the complaint?
Customer: replied 5 years ago.

I was not arrested but they did file the complaint and was in the prosses of the ivestigation when the individual called the detective and told him they did not want to pursue this any further. they did not tell the detective it was a false police report , just they did not wish to pursue it.

 

Then, no, it will not show up in a police computer, it will not show up anywhere but in the police reports and you do not have to disclose it to anyone.
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Customer: replied 5 years ago.
so as you can tell i'm not real happy about this. is it in my best interest to go to the police and tell them it was a false report, and can they remove it from the police records. i have never been in any kind of trouble with the law.
Yes, I can tell you are not happy at all. You can also file a civil suit against the person who made the false charges for defamation/slander and see to recover monetary damages. No police report can be removed from the police records. Also, those reports are not open to show up on any computer database if you were not arrested. Only arrest records show up, not just because someone made a police report with your name in it.