Legal Question in Criminal Law in Michigan

Re: petty theft

You completed some kind of a diversionary program. Proberly, PTI. The arrest(charge) is still on your record. To remove it, you must hire an attorney to file a petition to expunge the record. This means that it would never show up if your petition is approved.

I would be happy to further discuss.

Savy Grant

201-646-9600

Re: petty theft

If you were granted first offender treatment under the Pretrial Intervention Program; were successfully supervised after enrolled in the program and at the end of the supervisory status the charge was dismissed you can truthfully state that you were not convicted and never pled guilty to a criminal offense.

You might consider having the record of your arrest also expunged by filing a petition for same with the Superior Court of New Jersey in the county where you were granted first offender treatment.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

Re: petty theft

If this took place in Michigan, your plea was probably taken under advisement by way of the Youthfull Trainee Act or a similar procedure. To remove all doubt, contact the attorney who represented you or contact the court clerk and ask for your disposition. If your plea was under advisement and you completed probation, you have no record.

Re: petty theft

Your case was from Michigan or New Jersey? The difference could be important because each state's laws may be very different.

In Michigan, you were probably handled under the holmes Youthful Trainee Act (HYTA; MCL 762.11 et seq), which allows youg offenders (who are at least 17 but not yet 21 when they commit a crime) to enter a plea with a judge but let the judge put them on a probationary term WITHOUT ENTERING A CONVICTION. If the youth successfully completes the probationary period, then the judge can close (dismiss) the case. This does NOT result in a criminal conviction. Technically, it results in a "non-public record", which means that a prospective employer or curious member of the public won't find this case if they go to the clerk's office and give them your name.

To be absolutely certain about whether your case was handled under YTA, you should contact the court where your case was handled to check the file/records. You may have to go there in person and show ID to prove that you are "you", since the file may be a non-public record and the clerks may be wary about even acknowledging anything about the case to an outsider.

Now, the tricky part about answering your question -- which wasn't really answered by the earlier responses -- was that the exact question posed on the application you mantioned may mean you can answer "no" and may mean that you must/should answer "yes". If the question askes for "convictions", then you can answer "no" because (if you were processed on YTA) you never had a conviction entered. If the question asks if you have ever been "charged" with a misdemeanor or felony, then you probably have to answer "yes" ... but should explain what happened (ie, you were never convicted ...). The bottom line is: don't lie, because if you do and you get caught, I imagine that your application could be voided.

Re: petty theft

It sounds like you completed all the requirements of PTI (Pre-Trial Intervention), this is usually what they give first time offenders. Under those circumstances you do not plead guilty and you are not convicted of a crime.