Legal Question in Criminal Law in Michigan

My son currently is under on e HYTA for possession with intent to sell, and one 7411 possession of drugs. He had just violated and the judge is trying to work with us on his sentence. He does not want him to have a record. He is stating that he will drop the 7411 and keep the HYTA, which he states can be expunged in two years. Is this true. My son is 20 years old.


Asked on 10/12/10, 6:24 am

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

The judge does not have to revoke HYTA or 7411 status for a probation violation (or even multiple ones). Granting those statuses, as well as revoking them, are within the judge's discretion. If he does as you paid out, and your son successfully completes the HYTA on the felony, then the felony will be dismissed and the misdemeanor will remain as a conviction. If that misdemeanor remains the only misdemeanor or felony conviction on his record five (not 2) years after his sentencing date, then the judge can set aside (expunge) the misdemeanor, too ... which is another discretionary call. But ANY other criminal conviction beside the 'possession' (even driving on a suspended license) will disqualify him from having anything set aside.

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Answered on 10/17/10, 7:02 am


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