My question involves criminal records for the state of: Michigan
I got in trouble a few years ago and I was to old to be offered HYTA. But Based on my record or lack of a record the judge ordered HYTA anyways (even though i was too old to be offered it). I successfully completed probation and the judge ordered my "motion and order for discharge from probation" checking box 1 that says "The court finds that all conditions of probation WERE successfully completed.
then the judge checked box 4 which says "it is ordered the status of Youthful trainee is terminated under the Holmes Youthful Trainee Act (mcl 762.14) and the case is dismissed. The record of arrest and discharge or dismissal in this case shall be retained as a non public record according to law.
then it is signed by the judge and say if Item 1a, 3, or 4 is checked the clerk of the court shall advise the michigan state police criminal justice information center of the disposition as required under MCL 769.16a.
then below all that it say my finger prints, arrest card and discription for this case will either be destroyed or returned to me within 60 days of this order.
I also have a motion and order for return of finger prints, arrest card, and description. signed by a judge ordering the state police and arresting agency to provide me with certification that they were distroyed.
I also have a order from a judge and signed by the judge and prosecutor entitled Order of Acquittal Dismissal or Remand.
IT is ordered: The Case is Dismissed on motion of the court WITH Prejudice.
it also says if 1,2, or 4 are checked the court clerk shall send a photocopy of this order to michigan state police criminal justice information center to create a criminal history record as required under MCL 769.16a.
and then it says my finger prints, arrest card and discription for this case will either be destroyed or returned to me within 60 days of this order.
NOW here is my problem I have never received anything else from anyone at the michigan state police. I have called and they say that MY preliminary exam doesn't say that i was offered Hyta and then I tell them that the Judge ordered it and then they look say HOld on let me look at a different screen and then they tell me that I need to have the court resend the information. The court clerk keeps telling me they have been sent the orders. So when I run a background check the charge is still showing. so then I call the state and they keep telling me to have the court resend the docs.
Now just recently I Mailed the State police Certified copies of the Docs and received a phone call saying that everything was taken care of but have not received any thing else concerning the matter. No certificate or letter saying the orders were carried out or anything. I have not ran another background check as of yet by I will very soon.
MY question is: IF a court/ judge orders hyta and its completion even if the defendant was to old to be offered it can the police choose to ignore the courts orders?