7411 Probation For Felony Drug Posession Becoming Caregiver

[down4dacause]

Has anyone completed 7411 probation or any other type of deferred judgement successfully for a felony drug posession charge and been able to get a caregiver certification?

[antoniobridges]

No you cant get because the state lein still shows that you have a felony drug conviction that was erased off the pubic records but the state police and the circuit court retains these records on the lein. when the dept of health runs you name on the lein the conviction will show as a felony drug conviction. I was a police officer in lansing for 10 years so I know.

[jtgeme]

Has anyone completed 7411 probation or any other type of deferred judgement successfully for a felony drug posession charge and been able to get a caregiver certification?

 

Because the law is still new, I doubt this has been tested / litigated. If its anything like applying for a CPL/CCW, then once a person completes the probationary period, it should not affect one's ability to be a caregiver. Whether a person can be a caregiver while on 7411 probation is doubtful.

 

I am NOT a lawyer! and anything I have stated should NOT be viewed as legal advice or opinion. If you have a legal question, you should contact a license attorney in your area that can address your issue directly.

[MacombCountyCaregiver]

Having a felony drug conviction, however, does not prevent you from HAVING a caregiver. If you have yet to send in your paperwork, I highly recommend getting one before you do. I AM one, and even I have a caregiver (I'm a patient as well)

[jmorrison71]

No you cant get because the state lein still shows that you have a felony drug conviction that was erased off the pubic records but the state police and the circuit court retains these records on the lein. when the dept of health runs you name on the lein the conviction will show as a felony drug conviction. I was a police officer in lansing for 10 years so I know.

 

This is exactly what happens with 7411 convictions and other deferred cases. It's still on LEIN and it is still available to individuals that have non-public access to LEIN such as the courts, MDOC, LEO, Immigration, etc. MDCH more than likely has non-public access to LEIN since they are a government regulatory agency.

 

MDCH would consider that a conviction even though you had the case dismissed under 7411. The courts also hold that prior offense against you if you receive a new case even though it was dismissed under 7411. You can bet that LEO and federal agencies also hold that against you if they run your CCH on LEIN.

[semicaregiver]

Yes, you should be able to become a caregiver if you have completed whatever the requirements of the 7411 was.

 

I say this since I attended a presentation back in June/July by the MDCH to the Wayne County Circuit Court judges and PA's. This presentation was made by Celeste, the MDCH manager for the MMMP. A prosecutor asked this very question and she indicated that if your record had been expunged according to the 7411 rules then you would be ok to be a caregiver.

[jmorrison71]

Yeah it would work if the record was "expunged" but the problem is that 7411 does not do that. It simply makes the case dismissed and becomes non-public record on LEIN. That doesn't mean there isn't a record of it but instead means that anyone off the street can't view the record. As I mentioned above LEO, MDOC, courts, etc. have access to non-public records on LEIN. I can't say for sure if MDCH has that form of access to LEIN but I'm guessing they do since they are able to look up a health care professional's criminal history and that often involves deferred status cases like 7411, HYTA, 769.4a.

 

No criminal record is expunged unless the defendant petitions the court to have the case expunged. Even then there are stipulations and it must go through the court where the case originated.

 

Anytime a person is fingerprinted there will be a criminal history on LEIN. In other words there is always a record of the crime unless an expungement occurs and/or the court issues a order to destroy the fingerprint information.