A person convicted of a drug possession offense in Michigan may qualify to have his or her record expunged at the time of sentencing.
In Michigan (for non federal cases) an individual who either pleads guilty or is found guilty of possession or use of a controlled substance, or possession or use of an imitation controlled substance for a second time, may be granted by the Court a special provision of the law called 7411 (also known as Michigan Compiled Law 333.7411) as long as he or she has not previously been convicted of a drug possession or delivery charge. Under 7411 status the Court without entering a judgment of guilt may defer proceedings and place the individual on probation. Probation would include the payment of fees and cost, and may (but does not have to) include conditions such as a jail sentence, drug/alcohol treatment, drug Court, drug/alcohol testing reporting to a probation officer and other standard terms and conditions of reporting or non-reporting probation. If the person successfully completes the terms and conditions of probation ordered by the Court, the Court shall discharge the individual and dismiss the proceedings without an adjudication of guilt. An individual in Michigan has only 1 opportunity in life for 7411 status. However, an individual charged with multiple drug charges as part of the same case (for example, a person charged with being in possession of marijuana and possession of cocaine at the same time) can receive 7411 status for all the drug offenses incurred at that time.
Michigan Criminal Attorneys Blog
