Marijuana Possession and Deferred Sentence

[dziendobry4]

Over a year ago I was arrested and charged with misdemeanor possession of Marijuana in Michigan.

I plead guilty (dumb of me I know), and was given a deferred sentence (7411).
I completed my probation with no problems and was discharged.

Here is my problem: I am applying for clinicals in a collegiate nursing program, and MI law says I have to wait 3 years before I can participate if I was convicted of a drug offense. Does receiving and completing a deferred sentence count as being convicted?

[aaron]

The statute provides:

(1) ... Upon fulfillment of the terms and conditions, the court shall discharge the individual and dismiss the proceedings. Discharge and dismissal under this section shall be without adjudication of guilt and, except as provided in subsection (2)(b), is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions under section 7413. There may be only 1 discharge and dismissal under this section as to an individual.

* * *

(2) The records and identifications division of the department of state police shall retain a nonpublic record of an arrest and discharge or dismissal under this section. This record shall be furnished to any or all of the following:

* * *

(b) To a court, police agency, or prosecutor upon request for the purpose of determining whether the defendant in a criminal action is eligible for discharge and dismissal of proceedings by a drug treatment court under section 1076(4) of the revised judicature act of 1961, 1961 PA 236, MCL 600.1076.

[dziendobry4]

I read the document (an official State of Michigan letter) again.

It says:
"In order to be granted clinical privileges at any of the covered facilities, 3 years must
have lapsed since the individual completed all the terms and conditions of sentencing,
parole and probation for conviction of the following offenses:
...
Misdemeanor involving the creation, delivery or possession with intent to manufacture or
deliver a controlled substance."



I assume that does not include simple possession?

[aaron]

The language you quote does not include simple possession.

[nic1981]

Yes, but in order to complete your deferred sentence which I assume you are on probation for, you cannot violate. And once you complete that probation, your case will be dismissed? What that says to potential employers is that at any time you violate your probation you will be slammed with a conviction. This does not bode well, especially in the field you choose to work in. Just know that although deferred is not a conviction, it has the potential to be (unlike dismissed cases, of course).

[dziendobry4]

Yes, but in order to complete your deferred sentence which I assume you are on probation for, you cannot violate. And once you complete that probation, your case will be dismissed? What that says to potential employers is that at any time you violate your probation you will be slammed with a conviction. This does not bode well, especially in the field you choose to work in. Just know that although deferred is not a conviction, it has the potential to be (unlike dismissed cases, of course).

My probation was completed in December.