HYTA – Holmes Youthful Trainee Act – Seal a Criminal Record
If you are being charged with a crime you may have heard the term HYTA, or Y. T. A. and wondered what it means. Keep reading to learn what HYTA is, who can use it, and how it may be able to help you if you have been accused of a crime from Michigan criminal defense lawyer Aaron J. Boria.
Call Aaron J. Boria today if you are being charged with a crime (734) 453-7806.
What is HYTA?
HYTA is a Michigan law that can be found at MCL 762.11.
What does HYTA stand for?
HYTA is an acronym for the Holmes Youthful Training Act.
What does HYTA do?
HYTA gives the Defendant a chance to keep a clean record. The Defendant pleads guilty and is placed on “HYTA status.” This is a period of time where the Defendant is on probation OR in jail (jail is somewhat rare though). If the offender completes what is asked of them then NO CONVICTION IS ENTERED. This means that there is no criminal record, your record stays clean and the case is sealed.
Having HYTA status means that your arrest record and criminal record cannot be scene by potential employers, schools, or the public in general.
Does HYTA show up on a background check?
No, an offense taken under HYTA will not show up on a public background check. The offense is still available to prosecutors, police, if you are being investigated of prosecuted for a new crime.
Do I have to tell my employer about a charge under HYTA?
You almost never have to tell your employer about a charge under HYTA, but there are always exceptions.
Who is eligible for HYTA?
Anyone as young as 17 and before their 26 birthday, who is not facing a punishment of life in prison, a major controlled substance or traffic offense is eligible for HYTA.
HYTA is not automatic, the judge in many cases is reluctant to grant such a special status.
In the last few years the statute was expanded, now someone from the age or 17 but under the age of 24 can be granted HYTA by the judge. The prosecutor does not have to agree and it can even be given over their objection.
You can be granted HYTA if you are between the ages of 24 and before your 26th birthday but the prosecutor must be on board and agree to the special status along with the judge.
Can you get HYTA Twice?
As long as you fall within the allowed age range, and are charged with a qualifying offense, you can get HYTA twice; however, many judges will not allow it.
Can you get HYTA for a drinking and driving charge?
No, drinking and driving as well as any other criminal offense under the traffic code cannot be taken under HYTA.
What if I violate probation while I am on HYTA status?
If you fail to comply with probation while on HYTA status a conviction for the underlying crime is entered and your record is no longer clean and you can be sentenced again which could mean jail.
