Possession of marijuana in Michigan

[workhorse_blues]

greetings. my situation is as follows: i was arrested in august of 2005 for possession of marijuana in michigan. i hired a lawyer and have been granted an "old fashioned" deferred sentence. upon successful completion of my probation, i will not be convicted of this crime. we did not pursue a 7411 (first-time offender delayed sentence) due to a prior conviction of the same offense in wisconsin from 2001. although the wisconsin conviction was expunged (and my probation officer wasn't aware of it until i told her), we decided to pursue an "old fashioned" deferred sentence to avoid any potential problems. i began my probation in the beginning of november and all is going well. upon successfully completing my probation, my lawyer is going to help me file an mc235 form (or a court order for the destruction of my arrest information). i've investigated this procedure and have learned that it isn't available to those individuals receiving a delayed sentence under 7411 status. however, i am receiving a general or "old fashioned" deferred sentence. a representative of the criminal information bureau at michigan state police told me that successful completion of the mc235 form will remove the arrest information from my pubic criminal record at both the state and federal level, restricting its availability to law enforcement agencies only. i'm very concerned about how any of this will appear on a criminal background check. i may be pursuing teacher certification in the state of michigan in the future and a fingerprint-based criminal background check is part of the application process. the michigan state police representative told me that the mc235 form would prevent the arrest from being released to anyone. my lawyer is confident that the judge will sign the mc235 court order but i am not so easily convinced. for what reason, in your opinion, would the judge refuse to sign this form? if he does and the arrest information is effectively destroyed, where (if anywhere) is the arrest information retained and to who is it available? thank you for your time and consideration.

[Mr. Knowitall]

If you successfully complete a delayed sentence, such that a not guilty verdict or dismissal results, the Michigan statute suggests that the destruction of your arrest card and fingerprints should be automatically requested by the Clerk of the Court. Why don't you think that would happen, or that the judge would refuse to sign an order?

[workhorse_blues]

a representative of the michigan state police informed me that they would remove the arrest information within 60 days of receiving the disposition unless either a) an mc235 form is filed (in which case they would remove the arrest information sooner) or b) i have a prior conviction (in which case they will not automatically remove the arrest information without a properly filed mc235 form). i'm not sure whether or not michigan state police will have knowledge of my wisconsin conviction (which was exqunged). it is to my understanding that michigan state police is only aware of michigan convictions but that may be incorrect.

essentially, i'm afraid the judge will feel as though i'm already getting a rather generous deal with the deferred sentence as he knows of my previous conviction in wisconsin. the prior conviction made me ineligible for a 7411 (first-time offender delayed sentence). rather, i received an "old fashioned" deferred sentence. those who receive a 7411 are not eligible to have their arrest information destroyed (or so i've been lead to believe) and i'm afraid the judge will say, more or less, "had you not been convicted once already, you would have received a 7411 and would have been ineligible to have your arrest information destroyed. therefore, i will not sign the mc235."

it's likely i'm being too paranoid or too pessimistic regarding this whole situation. my lawyer, rather, is far more confident and has assured me on several occasions that he will successfully file the mc235 pending i successfully complete my probation. personally, i just think the whole outcome seems too good to be true and am afraid i'll run into a roadblock down the line. maybe i should be a bit more confident. in your opinion, is the judge likely to sign the mc235 even though he is aware of my expunged wisconsin conviction (possession of marijuana)? i believe he has to sign the form due to the fact that it is a court order. further, once the mc235 form is sent and the arrest information is destroyed, who, if anyone, will have access to the arrest information? the michigan state police representative told me that she would be able to remove it from the f.b.i. files as well as michigan state police files. i am concerned with this information appearing in a criminal background check. thank you for your time. this website is an incredible resource.

[aaron]

If the court accepted the plea under advisement, there is little reason to suspect that it might not carry out the agreed-upon deal. After all, as you were instructed at the time of your plea, "If the court ... takes the plea agreement under advisement, it must explain to the defendant that the court is not bound to follow the sentence disposition or recommendation agreed to by the prosecutor, and that if the court chooses not to follow it, the defendant will be allowed to withdraw from the plea agreement." MCR 6.302(C)(3).

[workhorse_blues]

agreed, but the destruction of my arrest information wasn't necessarily part of my plea agreement. in fact, i don't think it was included at all. rather, it's something my lawyer and i will pursue upon completion of my probation.