Legal Question in Disability Law in Michigan

Is a 6 month delay of sentence for a MIP a criminal conviction? a misdemenour? or a pending criminal cahrge?


Asked on 2/11/10, 5:48 pm

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

It's none of the above. It's not "pending" because sentencing has already occurred. "Delayed" or "Deferred" sentencing means they do not enter or report the conviction for 6 months and simply "hold" the matter open until the 6 months has expired, to determine if the defendant complied with the terms of the deferred sentence. If he did, the charges are dismissed (which means no conviction), and the file is closed. However, arrest records, fingerprints, etc., are not automatically destroyed, and must be requested by the defendant through the arresting agency.

Depending on the terms of the deferred sentence, the file may be "sealed" by the court under the Youthful Trainee Act, which means it is never accessible by anyone - even the defendant - if this was part of the deal and/or requested by you or your lawyer - courts don't automatically do this. Generally you won't have to disclose the charge on employment or college applications, etc., unless the question is "have you ever been charged with a crime, even if you weren't convicted?" or "were any of your convictions sealed?" If the question is "have you ever been convicted of a crime" - the answer is no, if the case was dismissed.

this is completely different than expungement - so don't get it confused with that.

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Answered on 2/19/10, 8:50 pm


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