Results 1 to 4 of 4

Hybrid View

  1. #1
    Join Date
    Jul 2008
    Posts
    4

    Default Finished Probation For HYTA in Michigan - What Rights Do I Have?

    My question involves criminal law for the state of: Michigan


    The incident took place in March 2005 (I was 17). I was sentenced on 7/10/06 for MDOP but was sentenced under the HTYA guide line. I finished my probation on 12/17/07. I was wondering now that I am off probation:

    1. Will it show up on my record (if law enforcement agencies are to search for it)?

    2. How/ If I can get it expunged?

    3. What rights do I have as a citizen now that I am off (ex. Do I have the right to own a gun?)

    4. What is the likelyhood (if any) that I will be able to persue a career in law enforcement?

    I really would like to know the answer to these questions since I plan on finishing college in the next 2-3 years and hope to start a career in law enforcement.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Finished Probation For HYTA in Michigan - What Rights Do I Have?

    Quote Quoting rqualls
    View Post
    1. Will it show up on my record (if law enforcement agencies are to search for it)?
    Yes. "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." MCL 762.14.
    Quote Quoting rqualls
    2. How/ If I can get it expunged?
    HYTA is a form of expungement, so if you've successfully completed your probation it's already expunged.
    Quote Quoting rqualls
    3. What rights do I have as a citizen now that I am off (ex. Do I have the right to own a gun?)
    According to statute, "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." MCL 762.14. This makes it different from a regular felony expungement, which doesn't fully restore rights (ability to serve on a jury remains restricted) and thus potentially makes possession of a firearm a federal offense. Due to the convoluted nature of the laws, assuming you're off probation I would confirm your right to own a firearm with the Sheriff's Department for your county. If you're still on probation, consider asking your probation officer what your rights will be after discharge.
    Quote Quoting rqualls
    4. What is the likelyhood (if any) that I will be able to persue a career in law enforcement?
    That's going to depend on the underlying offense and the policies of the law enforcement agency.

  3. #3
    Join Date
    Jul 2008
    Posts
    4

    Default Re: Finished Probation For HYTA in Michigan - What Rights Do I Have?

    The underlying offense is MDOP (malicious destruction of property) in excess of $1,000 but no greater than $20,000. Because of the dollar amount, it is considered a felony. I completed HYTA on 12-17-07 and I was wondering if I would be able to seek a career in law enforcement. Also, is HYTA (and the conditions under wich I was sentenced) considered an expungement, deffered judgement, or a differed sentence?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Finished Probation For HYTA in Michigan - What Rights Do I Have?

    Quote Quoting rqualls
    View Post
    I was wondering if I would be able to seek a career in law enforcement.
    That's going to depend on the policies of the law enforcement agency.
    Quote Quoting rqualls
    Also, is HYTA (and the conditions under wich I was sentenced) considered an expungement, deffered judgement, or a differed sentence?
    Yes. It's a form of expungement that also involves a deferred sentence.

    1. Sponsored Links
       

Similar Threads

  1. Probation and Parole: What Are My Rights (or Civil Rights) While on Probation in Michigan
    By Joe Smith in forum Probation, Parole and Incarceration
    Replies: 7
    Last Post: 06-25-2011, 11:22 AM
  2. Criminal Records: Understanding Michigan's HYTA
    By sford8715 in forum Criminal Records
    Replies: 1
    Last Post: 10-21-2009, 04:28 PM
  3. Criminal Records: HYTA and Gun Ownership in Michigan
    By kasperdsmk in forum Criminal Records
    Replies: 3
    Last Post: 04-21-2009, 10:32 PM
  4. Probation and Parole: Is Getting a Misdemeanor While Under HYTA Probation a Probation Violation
    By ScrewedInWaterford in forum Probation, Parole and Incarceration
    Replies: 4
    Last Post: 07-28-2008, 01:18 PM
  5. Sentencing: Michigan HYTA Law
    By barrettaqueen in forum Criminal Procedure
    Replies: 13
    Last Post: 09-13-2007, 04:29 PM
 
 
Sponsored Links

Legal Help, Information and Resources