7411 Probation Status And "expungements"

[jmorrison71]

I've noticed that there are A LOT of people that are either being offered or have accepted plea agreements in court for deferred status also known as 7411 status. Many courts also refer to this as "drug diversion" or delayed status, or also differment. It also seems like there can be some misunderstanding as to what this means.

 

When a person accepts a deferred status either through the acts of 7411, 771.1, or HYTA they are being placed on probation (may not be reporting type) and told that if they complete all terms and conditions the court places on that individual, the case will be DISMISSED and becomes NON-PUBLIC status. In the example of 771.1 status the case is "NOLLE PROSEQUI" and the case remains public record and is closed.

 

All of these deferrments that I have mentioned are not an expungement. An expungement is when you go to the court and ask that your closed case record be basically erased from existance. There is a time frame that has to happen on how many years the case must remain closed and the court has to be petitioned or asked.

 

If you successfully complete ALL of your terms of probation under 7411 status or HYTA the case is dismissed and the case becomes NON-PUBLIC. That means that anyone off the street does not have access to your criminal case or case information. It means that the information is not decemenated by LEIN to anyone that does not have access to the NON-PUBLIC status cases. Keep in mind that LEO, the courts, Federal LEO, Immigration, and many others have full access to LEIN and will have access to your case information. Some employment background checks would also have that access for example if you were screened by the Department of Corruption or if you were having to have a background check for some secure federal jobs. I can't remember all of the individuals that have access to non-public info but there are quite a few.

 

A deferrment is an excellent opportunity if you need it but there are going to be potential hurdles that could come up. Believe me a prosecutor looking to get you to plead to a case won't always explain all of this. Hopefully you have an attorney that will!

 

7411 status, HYTA, and 771.1 are the common deferred sentences for drug crimes but there are also other types of deferrments for other types of crimes. Best place to research this is at http://courts.michigan.gov/scao/resources/publications/manuals/prbofc/prb_sec6.pdf

[JohnB RPh]

Very useful, need to know information. Thank you very much.

[Dbyrd]

I got busted in '07. Judge gave me 7411 and I completed a year of probation. Completely non public I think the military can see it but thats it. Cops don't even see it.

[jmorrison71]

It's non-public but lots of folks have access to non-public status including law enforcement, military background checks, and some employment background checks. Cops have access to anything on LEIN as long as it is being used for purpose of their investigation, traffic stop, etc. They just can't look up individuals that they are not currently investigating (like their ex-wifes new lover).

 

So think of it like this, the next time you are stopped for a speeding ticket or decide to go visit some of the gentlemans clubs in Windsor, your criminal record will be available to these individuals on LEIN. I had a friend riding with me on our way to spend some $1 dollar bills on the ladies in Windsor. Well when we reached the Canadian boarder the agent there checked our information through our id's. They found out that my friend had a poss of marijuana case under 7411. The agent made a HUGE issue of us and was not going to allow us to come into Canada. Fortunately some nice talking and begging on my part and he allowed us in but he had the law on his side to not allow us into the country.

 

I can't say whether or not that will change the outcome of those encounters but then again we all know how LEO works. I know that some jobs require you to submit to a full background check like if you are in the skilled trades and want to work on a federal government job that is usually a secure location (nuclear power plant, air base, etc). Many times in the authorization to perform a background check (typically for employment) you in advertantly sign a release to allow your non-public info to be shown. I believe there is a link that shows this information. If I can dig it up I will post it.

 

I'm not saying that 7411, HYTA, 769.4a status is not something that helps people it's just good to know the limitations.

 

For anyone that is on probation under 7411 or any other deferred sentencing program keep in mind that ANY violation of probation has the potential (if found guilty of the violation) for the judge to remove your 7411 status. Example would be if you miss a drug test, don't do community service, miss an appointment, leave the state without authorization from your po. Any violation before the judge, no matter what it is for, has the potential that your 7411 status could be removed and the conviction entered. My advice is keep things wired tight and follow every single condition of your probation. When in doubt of ANYTHING, ask your PO for clarification BEFORE doing anything that could violate your probation.

 

This link helps explain who has access to non-public case records in LEIN and in court. http://courts.michigan.gov/scao/resources/standards/cf_chart.pdf

[rockinlespaul]

7 years on a expungment last I knew, and you best have an attorney representing you.

 

I tried this years ago to get rid of a attempted murder charge that hangs over my head to this day. The judge told me I could not do it myself and to not come back with out legal representation.

[jmorrison71]

Expungements have a whole different set of rules. Basically the judge has to allow the expungement. He/she also is counseled by the prosecuting attorney and LEO. I know they do grant expungements but from what I have seen it's pretty rare. I've seen non-violent crimes get expunged but most violent crimes are a no go. They sometimes require a governors parden to expunge that type of record....like armed robbery for example. I don't know of the details of an expungement hearing but again having an attorney is the only way to go.

[dutch&Dutchess]

never negotiate with the basterds

clog the courts

delay delay delay.

it costs em money

you know you have succeeded when the judge calls your case a nightmare.

instead of years of probation I did a few weekends in jail

the corrupt prohibitionists and their asinine dupes like Mike Bouchard and the Oakland County Sheriffs can kiss my arse