When applying for a job or schooling, you are typically asked to provide information so employers can conduct a thorough background check. Many times when conducting your background check, employers use the Michigan State Police ICHAT website to gain quick and easy access to your criminal history. The Michigan Department of Corrections even recommends use of the this site for complete criminal history information. Although sometimes accurate, there are times when a criminal conviction that should be removed from public record still appears on the ICHAT website. This means you may be passed over for employment or admission to school because of a prior act that is supposed to be non-public.
The Holmes Youthful Trainee Act (HYTA) was enacted to give young offenders ages 17-24, a chance to prove to the court that they are capable of abiding the law in order to gain dismissal of their charges. If you are HYTA-eligible and want to take advantage of the benefits of HYTA, you must plead guilty to the agreed upon. The court will then sentence you to the appropriate sentence and potentially order you to complete probation, attend programs such as anger management or substance abuse, pay fines and fees, and even serve jail time. If you fail to follow the court’s orders, the court can violate your HYTA status and enter a judgment of conviction. This means the charge you plead guilty to would stay on your record permanently. If, however, you successfully complete your sentence and follow all court directives MCL 762.14(1) states: “the court shall discharge [you] and dismiss the proceedings.” Since no judgement was ever entered against you, your record shall be closed to the public and available only to a handful of agencies. This means most employers and the general public should not be able to see your prior criminal history. However, some people are finding even though they entered into a HYTA plea, successfully completed all requirements of the court and ultimately gained a dismissal from the court, there is still a public record for them showing a conviction on the ICHAT website.
Grewal Law, PLLC, is here to help. We have had helped numerous clients get their public records cleared with Michigan State Police. This opens clients up to better employment, schooling and significantly advances their public image.
If you have prior criminal history that was dismissed and should no longer appear as public record but is still holding you back, contact an attorney at Grewal Law, PLLC.