Legal Question in Criminal Law in Michigan

Abstract a file

What does it mean when a judge abstracts a file and closes it? My nephew went to court to go off of probation for domestic violence. The judge asked him if he had violated his probation. He truthfully answered that he did by being arrested for possession of marajuana. She stated that she would abstract the file and close it. He was afraid to admit that he had ''caught another case'' but was afraid that she was asking questions that she already knew the answers to. He did complete all that she required (NA, probation, etc.) of him and paid all the fines. He does have priors including another possession of marajuana.


Asked on 4/19/04, 1:04 pm

1 Answer from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Abstract a file

Courts send an "abstract" of a conviction when they report convictions (as may be required by law, depending on the charge) to the State Police or the Secretary of State. For example, many traffic convictions (misdemeanor and civil infractions) are abstracted to SOS so the infomation can go on the person's driver's license, which then causes SOS to put points on the driving records, suspend the driving privileges, etc. Felony convictions and many misdemeanor convictions are abstracted to MSP to include the information on the defendant's criminal history (CCH).

Drug convictions (like possession of marijuana) are abstracted to SOS. The "drug crime" is put on the driving record and the person's driving privileges are suspended or revoked.

So, in your nephew's case, the court may have sent SOS and/or MSP an abstract of the drug conviction and done nothinbg else re: sentencing (fines/costs, jail, probation, etc.). But, to be certain in his case, why not talk to a court clerk who can tell you exactly what was done (and maybe even why) after reviewing the file?

Read more
Answered on 4/19/04, 3:11 pm


Related Questions & Answers

More Criminal Law questions and answers in Michigan