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Michigan Criminal Law Blog

HYTA – Holmes Youthful Trainee Act

HYTA – Holmes Youthful Trainee Act (MCL 762.11 et)

In Michigan, under the Holmes Youthful Trainee Act (“HYTA”, MCL 762.11), a client who committed an offense while between the ages of 17 and 21 may have the opportunity to plead guilty and have the criminal conviction dismissed and cleared from their record if they meet certain qualifying conditions.  If the youth successfully completes the program, there is no criminal record.  In addition, imprisonment or probation cannot exceed three years, and the action protects the privacy of the offender while on trainee status.  Excluded from this program are youth who are charged with a felony for which the maximum punishment is life imprisonment, a major controlled substance offense or a traffic offense.

The rational for the program is that if an act is a truly “isolated incident” then the criminal conviction which may have lifetime lasting repercussions may be too hard a penalty.  Where HYTA trainee status is granted there is no prison time ordered as long as the offender completes the trainee program successfully.  Furthermore, information on all proceeding in your case stays out of the public record.  The non-public record will be open only to the courts, the Department of Corrections, the Department of Human Services, law enforcement and prosecuting attorneys.

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