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  1. #1
    Join Date
    Mar 2008
    Posts
    2

    Default Holmes Youthful Trainee Act

    Not sure if this is a good place for this post....Please guide if not.

    In 1978 I was arrested and plead Guilty to Assult W/I to commity robbery.
    At that time I was assigned the status of Youthful Trainee and given a sentence of 3 yrs probation. Upon the complation of my probation I'm assuming that the charge was "dismissed" and a CONVICTION was not entered on my criminal history record. I have never been convicted of anything since.

    Soooo... recently I applied for a Concealed Pistol Licence from the state of Michigan and when I went before the Gun Board I was asked if I had been CONVICTED of a felony and I said no. I was then asked about the circumstances of the Assult charge in 1978 as they had a record of the charge but no DISPOSITION on the charge on the record they had in their possesion. I told them that I was sentenced under the HYTA on that charge and completed the terms set forth by the judge. I then asked if I was elligable for a CPL if this was the case and was told that they would have to check back with the city where the charge was from to see what they knew about this. They said they would mail me a determination at a later time.

    My question is am I eligible for this licence as there was no CONVICTION for this?


    Thanks for any help here

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Holmes Youthful Trainee Act

    The statute provides,
    Quote Quoting MCL 762.14 - Discharge of individual and dismissal of proceedings upon final release; assignment as youthful trainee not conviction; compliance with sex offenders registration; proceedings closed to public inspection; inspection by courts, state departments, and law enforcement personnel.
    (1) If consideration of an individual as a youthful trainee is not terminated and the status of youthful trainee is not revoked as provided in section 12 of this chapter, upon final release of the individual from the status as youthful trainee, the court shall discharge the individual and dismiss the proceedings.

    (2) An assignment of an individual to the status of youthful trainee as provided in this chapter is not a conviction for a crime and, except as provided in subsection (3), the individual assigned to the status of youthful trainee shall not suffer a civil disability or loss of right or privilege following his or her release from that status because of his or her assignment as a youthful trainee.

    (3) An individual assigned to youthful trainee status before October 1, 2004 for a listed offense enumerated in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722, is required to comply with the requirements of that act.

    (4) Unless the court enters a judgment of conviction against the individual for the criminal offense under section 12 of this chapter, all proceedings regarding the disposition of the criminal charge and the individual's assignment as youthful trainee shall be closed to public inspection, but shall be open 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.
    Based on that plain statutory language, their investigation should reveal that your HYTA disposition does not provide a basis for your loss of your legal rights to a permit for which you are otherwise qualified.

  3. #3
    Join Date
    Mar 2008
    Posts
    2

    Default Re: Holmes Youthful Trainee Act

    Thank-You aaron

    That is what I thought from the reading I had done. I was just wondering why they did not issue me my licence at the time of the hearing as they should have been aware of this also.

    Just waiting for the letter in the mail.

    Again Thanks

    seeyanever

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