The Holmes Youthful Trainee Act (“HYTA”) is a Michigan law that allows people aged 18 to 26 to avoid a permanent criminal record. When a young person receives HYTA classification and completes HYTA probation, the crimes they were charged with do not appear on their public criminal record. This means an offense committed by a youthful offender will not appear in criminal background checks conducted by employers and others.
However, HYTA classification is not automatic, and the statute does not apply in all cases. An experienced Michigan criminal attorney can evaluate your situation, advise you on whether you qualify for HYTA status, and represent you in court hearings to minimize the consequences of a criminal charge.
Elmen Legal is a criminal defense law firm based in Ann Arbor representing people charged with crimes throughout Michigan. Contact Elmen Legal today to schedule a free and confidential appointment to discuss your situation and how defense attorney Robert Elmen can help.
Under Michigan’s youthful offender law, known as the Holmes Youthful Trainee Act, or HYTA, people aged 18 to 26 who were charged with certain crimes in Michigan can avoid a permanent criminal record by asking the judge to designate them as a “youthful trainee.”
To seek HYTA classification as a “youthful offender,” a person must be between 18 and 26 when the crime occurred. In some situations where there was a victim of the crime, both the complainant and the prosecuting attorney must consent to disposing of the case as a youthful offender.
For people who qualify, the terms of HYTA probation are set by the individual judge based on the youthful offender’s unique circumstances.
HYTA covers most drug offenses, particularly those that involve possession of a controlled substance. However, HYTA may also include criminal charges for making, delivering, or possessing a controlled substance with the intent to create, manufacture, or deliver it.
Certain crimes are not eligible for HYTA status. These include traffic offenses and drunk driving offenses. However, someone charged with OWI may be eligible for record expungement.
Other crimes that are not eligible for HYTA status include:
Not everyone between the ages of 18 and 26 will be eligible for HYTA status. People aged 18 to 20 have the highest likelihood of being granted HYTA status. When a person was between the ages of 21 and 26 when the crime occurred, the prosecutor must consent to the judge granting HYTA status.
If the judge assigned to the case agrees to grant youthful trainee status, the offender pleads guilty to the crime but the court does not enter a conviction. When the defendant completes probation and the matter is closed, the person’s record is sealed and the accused person’s criminal record will be sealed and not visible on state public records.
Typically, someone assigned youthful trainee status must complete terms of probation that may include maintaining employment, obtaining a GED or attending college or trade school, or other conditions the judge deems appropriate. Failure to complete the terms of probation may result in HYTA status being revoked. If this happens, the person will have a criminal record and may be subject to other punishments, including fines and jail time.
HYTA status is never guaranteed, and working with an experienced criminal defense attorney will improve your chances of a successful outcome. The decision to grant a youthful offender HYTA status is entirely at the judge’s discretion. A skilled defense attorney can negotiate with the prosecutor and work to convince the judge to grant HYTA status.
Elmen Legal is a criminal defense law firm in Ann Arbor that serves people charged with crimes throughout Michigan. Founding attorney Robert Elmen was admitted to practice in 2014 and exclusively represents people facing criminal charges in Michigan.
A caring and compassionate advocate, he takes a holistic approach to criminal defense. He strives to care for his clients as individuals as he fights to protect their rights and obtain outstanding results in their case.
To put the experience of a seasoned criminal defense attorney to work for you, call us at(734) 707-8915 or contact Elmen Legal online today.
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