Legal Question in Criminal Law in Michigan

Hello I have a misdemenor of falsefied activities I wrote a bad check and this happen in 03 they gave me hyta 4mo probation no jail time take a class pay fines and community service however they said when im done it would be erased off my record but thats not true I tried to apply with the law enforcement today and said because of hyta they cant except me but I thought it was just felonies. I am goin crazy im 26 i havent been in anymore trouble have a 3yr old in school really taking care of business Can hyta be expunged off my record so I can still be a cop or are those days of bein in that profession are jus over im crying because it was wrong but i didnt robb kill assault or rape anyone and those are the types of ppl who are making expunged request sigh


Asked on 10/13/09, 5:16 pm

2 Answers from Attorneys

William Morrison Action Defense Center

HYTA records can be accessed by the police and the government - among others. You can get it expunged 5 years after your conviction, but the police will still have access.

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Answered on 10/18/09, 9:51 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

First, you do not have a "right" to a job in law enforcement ... regardless of whether you have a conviction still on your record. The tone of your (very poorly spelled) question suggests that you think you are not being treated fairly, that you're being discriminated against, etc. (Sigh)

Second, as noted by the first responder, a successful HYTA probation results in you not being convicted (any longer) of the crime, and it remains a non-public record. So, a member of the general public would not see this as a conviction ... or even see that you were granted HYTA status. But, law enforcement (in addition to courts and prosecutors) can pierce through that veil and 'see' this anyway ... usually in case you're seeking HYTA status for a second time. I cannot opine on whether this particular law enforcement office used LEIN lawfully to see that you had a conviction wiped out via HYTA because that gets into technical rules regarding criminal history access.

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Answered on 10/19/09, 10:12 am


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