Michigan: Adult Diversion/Deferral Program (MI-D-3)

Records relating to a first-time underage drinking case that is dismissed upon the successful completion of probation become nonpublic. Mich. Comp. Laws § 436.1703(1), (3).

Record Detail(s)

Charges not adjudicated

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Hearing

Not applicable

Clearance Process

Automatic

Remedy

Dismiss

Ineligible Category or Citation

This provision applies only to underage alcohol offenses specified in section 436.1703(1).

Procedure General

Upon the successful completion of probation, the court will discharge the individual and dismiss the proceedings. After the dismissal, the state police department retains a nonpublic record of the arrest, court proceedings, and disposition of the criminal charge. For the specific procedure, see Mich. Comp. Laws § 436.1703.

Fees

There is no statutory language regarding fees.

Effect

The discharge and dismissal is without an adjudication of guilt. The records are nonpublic, but can be disclosed as specified in section 436.1703(3).

Waiting Periods

The record becomes nonpublic upon dismissal of the charge.

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