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  1. #1

    Default Getting Sentenced to HYTA

    My question involves criminal law for the state of: Michigan

    I was recently arrested for retail fraud 3rd degree. This is my first offense and I am a minor. The police officer told me I will likely be given the HYTA program and ticketed.

    My first question is: the officer told me if/when I complete the HYTA program, all convictions will be wiped off my record. Does this mean my record will be completely blank, or will the charges still show up on my record for future employers to see? (the officer did say convictions will be wiped, not *charges*)

    My second question is: since the offense was committed when I was a minor but my court date will likely be after I've turned 18, will I be tried as an adult?

    Third question: since it was a non-drug related offense, will I still be drug tested while in the HYTA program?

    Last question: should I plead guilty?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Getting Sentenced to HYTA

    Your record under HYTA should be sealed; but don't count on it becoming invisible. The court records won't be accessible, but your criminal history is likely to show a charge with a confidential resolution resulting in dismissal.

    In Michigan, for purposes of criminal law you're an adult at age 17. They wouldn't be talking HYTA at all if you weren't charged as an adult.

    If you're asking us to promise that you won't be caught if you use drugs or alcohol while on probation, we can't do that. Stay clean.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Getting Sentenced to HYTA

    My second question is: since the offense was committed when I was a minor but my court date will likely be after I've turned 18, will I be tried as an adult?
    Hyta eligibility is based on your age at the time of the crime. The age limits for eligibility are from the day you turn 17 until the day before you turn 21.

    With HYTA, as long as you comply with all requirements, you will not have a conviction on your record. It't not that a conviction will be removed, it is there will never been a conviction to remove. You will be able to reply to any questions asking if you have any convictions (at least concerning this situation) as no, you have not had a conviction.

    The records will be sealed from public access. They will be accessible to the courts of this state, the department of corrections, the family independence agency, law enforcement personnel and, beginning January 1, 2005, prosecuting attorneys for use only in the performance of their duties.

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