HYTA

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HYTA

I recently plead under the HYTA under the impression that my criminal record would not be accsessable by future employers. I have applied for jobs and the information is still coming up. The companies giving this information out said they are charges not convictions so they can give it out…I can’t get a job can they do that? My probation officer says this shouldn’t be happening but can’t give me any answers on why or how to deal with this HELP!!!!!!!!!?

Asked on June 10, 2009 under Criminal Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The HYTA statue does not specifically mandate dismissal of the charges, but they are apparently allowed to lapse as the statute does speak to "final release." All proceedings relative to the disposition of the criminal charge and to the assignment to HYTA status are to be closed to public inspection.

What you need to do here is to have an attorney look into this for you.  Unfortunately, these inadvertent disclosures happen.   But know this, even with an attorney's help it will still be difficult to completely seal your records.  I have provided a link to a newspaper article that explain this further; just be aware that in the information age it's hard to keep anything private.  Still, you should try.

http://www.nytimes.com/2006/10/17/us/17expunge.html?_r=1

Best of luck.


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