HYTA and Subsequent Employment

[MICHguy]

At 17 I was charged with Larceny in a Building and placed in the Holmes Youthful Training Act. I completed it successfully and the public record of the probation and charge were expunged, and the conviction set aside. Now, seventeen years later, I am in a position where I am applying for law enforcement positions. I know that the Act states that law enforcement has access to the information that I was arrested and charged back in 1989. My questions:

1. I don't have any of the court papers from back then. Can I, as the person involved, still get copies of the proceedings? If so, what agency should I contact? The arresting agency or the courts?

2. I explained this all to an investigator from the Michigan Commission on Law Enforcement Standards, who assured me that my HYTA probation did not serve as a blanket disqualifier for law enforcement employment. But does anyone here know if it is something that, realisticaly, is going to keep me out of the profession? (It is my only arrest or involvment with police aside from normal traffic violations).

3. Do I have the ability to use a lawyer to have the record completely expunged, so that even law enforcement agencies have no record of it?

Thanks for any feedback.

[dlong66]

first of all, you did not say if this was showing up in a background check. it may be something that will never even show up. as far as you saying law enforcement having access to it. i'm sure they would if they were specifically looking for it. if the public record and charge were expunged and the conviction set aside like you said then i would'nt think it would even show up.

[aaron]

1. I don't have any of the court papers from back then. Can I, as the person involved, still get copies of the proceedings? If so, what agency should I contact? The arresting agency or the courts?

You should be able to get the records from the court. It may be tricky, as HYTA cases should be kept under seal and your name mae be suppressed in their computer system.

2. I explained this all to an investigator from the Michigan Commission on Law Enforcement Standards, who assured me that my HYTA probation did not serve as a blanket disqualifier for law enforcement employment. But does anyone here know if it is something that, realisticaly, is going to keep me out of the profession? (It is my only arrest or involvment with police aside from normal traffic violations).

Without knowing the full facts of the offense, it's hard to say how much of an impact it will have. But 17 years ago, unless you were in a County which followed unorthodox practice (such as Washtenaw), HTYA didn't even require a guilty plea. (Now you plead guilty, but if you successfully complete probation a conviction is not entered. Back then if you violated your probation they went back to the plea stage, and you could still take the case to trial.)

3. Do I have the ability to use a lawyer to have the record completely expunged, so that even law enforcement agencies have no record of it?

No.