However, there are circumstances when an old ticket (think 1970s/1980s) does not show up on your criminal background search. The reason may be that the method used for recording that ticket was not electronic and the files may have been purged over time. That doesn’t mean, however, that your out-of-state ticket won’t be a factor for the prosecutor, judge, or probation officer to consider. Aside from a criminal history report generated through law enforcement databases, your background and prior offense history still must pass the inquiries of the Judge (“Have you ever been arrested before? You’re under oath.”) or the probation officer during a Pre-Sentence Interview.
Never lie to a judge! And it’s a dangerous game playing chicken with a probation officer. Rather than run the risk of getting burned, I instruct my clients to answer truthfully the questions asked – but avoid providing any unnecessary dialogue. If this is an issue you are currently facing, it is important for you to contact an attorney and determine what exactly appears on a public records search and whether your out-of-state tickets will impact your Michigan court case