THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
762.14 Discharge of individual and dismissal of proceedings upon final release; assignment as youthful trainee not conviction; compliance with sex offenders registration; proceedings closed to public inspection; inspection by courts, state departments, and law enforcement personnel.
Sec. 14.
(1) If consideration of an individual as a youthful trainee is not terminated and the status of youthful trainee is not revoked as provided in section 12 of this chapter, upon final release of the individual from the status as youthful trainee, the court shall discharge the individual and dismiss the proceedings.
(2) An assignment of an individual to the status of youthful trainee as provided in this chapter is not a conviction for a crime and, except as provided in subsection (3), the individual assigned to the status of youthful trainee shall not suffer a civil disability or loss of right or privilege following his or her release from that status because of his or her assignment as a youthful trainee.
(3) An individual assigned to youthful trainee status before October 1, 2004 for a listed offense enumerated in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722, is required to comply with the requirements of that act.
(4) Unless the court enters a judgment of conviction against the individual for the criminal offense under section 12 of this chapter, all proceedings regarding the disposition of the criminal charge and the individual's assignment as youthful trainee shall be closed to public inspection, but shall be open to the courts of this state, the department of corrections, the family independence agency, law enforcement personnel and, beginning January 1, 2005, prosecuting attorneys for use only in the performance of their duties.
History: Add. 1966, Act 301, Eff. Jan. 1, 1967 ;-- Am. 1993, Act 293, Eff. Jan. 1, 1994 ;-- Am. 1994, Act 286, Eff. Oct. 1, 1995 ;-- Am. 2004, Act 226, Eff. Jan. 1, 2005 ;-- Am. 2004, Act 239, Eff. Oct. 1, 2004
Notes of Decisions
Cited in
51
cases (
4 in the last 5 years), 1975–2026 · leading case:
People v. Rahilly, 635 N.W.2d 227 (Mich. Ct. App. 2001).
People v. Rahilly, 635 N.W.2d 227 (Mich. Ct. App. 2001).
· cites it 19× “MCL 762.14 provides in relevant part: (1) If consideration of an individual as a youthful trainee is not terminated and the status of youthful trainee is not revoked as provided in section 12 of this chapter [MCL 762.”
People v. DiPiazza, 778 N.W.2d 264 (Mich. Ct. App. 2009).
· cites it 11× “Before 1995, various forms of MCL 762.14 existed, none of which required a person assigned to youthful trainee status to register as a sex offender.”
People v. Bobek, 553 N.W.2d 18 (Mich. Ct. App. 1996).
· cites it 14× “§ 762.14(1); M.S.A. § 28.853(14)(1), [2] dismissing the proceedings.”
People v. Temelkoski, 859 N.W.2d 743 (Mich. Ct. App. 2014).
· cites it 4× “If the defendant successfully completes his or her HYTA assignment, the court “shall discharge the individual and dismiss the proceedings,” MCL 762.14(1), and “all proceedings regarding the disposition of the criminal charge and the individual’s assignment as youthful trainee…”
D.E. v. John Doe, 834 F.3d 723 (6th Cir. 2016).
· cites it 2× “See Mich. Comp. Laws § 762.14 (4). He also argued that a public record revealing his name in this case would subject him to negative scrutiny from prospective future employers.”
Does v. Snyder, 101 F. Supp. 3d 672 (E.D. Mich. 2015).
· cites it 2× “) After completing his probation, his case was dismissed without conviction being entered pursuant to Mich. Comp. Laws § 762.14 (1). Designation as a “youthful trainee” is included in the definition of “convicted” under SORA, Mich.”
People v. Williams, 825 N.W.2d 671 (Mich. Ct. App. 2012).
“Defendant relies on People v Gamer, 215 Mich App 218, 220 ; 544 NW2d 478 (1996), in which this Court, citing MCL 762.14(2), held that assignment of youthful trainee status did not constitute a conviction for the purpose of scoring the judicial guidelines then in effect.”
Adams v. United States, 622 F.3d 608 (6th Cir. 2010).
· cites it 2× “” Mich. Comp. Laws § 762.14 (1) (footnote omitted).”
People v. Costner, 870 N.W.2d 582 (Mich. Ct. App. 2015).
“Defendant was sentenced on December 14, 2009, to a probationary sentence of 36 months under the Holmes Youthful Trainee Act (HYTA), MCL 762.14. On March 2, 2010, defendant pleaded guilty to violating the terms of his probation by using marijuana and possessing drug paraphernalia.”
People v. Link, 570 N.W.2d 297 (Mich. Ct. App. 1997).
· cites it 2× “853(11) and MCL 762.14; MSA 28.853(14), 2 which operate to close criminal records under certain circumstances, to be remedial.”
— Mich. Comp. Laws § 762.14(1) — 8 cases
People v. Bobek, 553 N.W.2d 18 (Mich. Ct. App. 1996).
“§ 762.14(1); M.S.A. § 28.853(14)(1), [2] dismissing the proceedings.”
People v. DiPiazza, 778 N.W.2d 264 (Mich. Ct. App. 2009).
“Before 1995, various forms of MCL 762.14 existed, none of which required a person assigned to youthful trainee status to register as a sex offender.”
People v. Temelkoski, 859 N.W.2d 743 (Mich. Ct. App. 2014).
“If the defendant successfully completes his or her HYTA assignment, the court “shall discharge the individual and dismiss the proceedings,” MCL 762.14(1), and “all proceedings regarding the disposition of the criminal charge and the individual’s assignment as youthful trainee…”
People v. Rahilly, 635 N.W.2d 227 (Mich. Ct. App. 2001).
“MCL 762.14 provides in relevant part: (1) If consideration of an individual as a youthful trainee is not terminated and the status of youthful trainee is not revoked as provided in section 12 of this chapter [MCL 762.”
— Mich. Comp. Laws § 762.14(2) — 15 cases
People v. Rahilly, 635 N.W.2d 227 (Mich. Ct. App. 2001).
“MCL 762.14 provides in relevant part: (1) If consideration of an individual as a youthful trainee is not terminated and the status of youthful trainee is not revoked as provided in section 12 of this chapter [MCL 762.”
People v. DiPiazza, 778 N.W.2d 264 (Mich. Ct. App. 2009).
“Before 1995, various forms of MCL 762.14 existed, none of which required a person assigned to youthful trainee status to register as a sex offender.”
People v. Williams, 825 N.W.2d 671 (Mich. Ct. App. 2012).
“Defendant relies on People v Gamer, 215 Mich App 218, 220 ; 544 NW2d 478 (1996), in which this Court, citing MCL 762.14(2), held that assignment of youthful trainee status did not constitute a conviction for the purpose of scoring the judicial guidelines then in effect.”
People v. Bobek, 553 N.W.2d 18 (Mich. Ct. App. 1996).
“§ 762.14(1); M.S.A. § 28.853(14)(1), [2] dismissing the proceedings.”
In re TD, 823 N.W.2d 101 (Mich. Ct. App. 2011).
— Mich. Comp. Laws § 762.14(3) — 8 cases
People v. Rahilly, 635 N.W.2d 227 (Mich. Ct. App. 2001).
“MCL 762.14 provides in relevant part: (1) If consideration of an individual as a youthful trainee is not terminated and the status of youthful trainee is not revoked as provided in section 12 of this chapter [MCL 762.”
People v. DiPiazza, 778 N.W.2d 264 (Mich. Ct. App. 2009).
“Before 1995, various forms of MCL 762.14 existed, none of which required a person assigned to youthful trainee status to register as a sex offender.”
People v. Bobek, 553 N.W.2d 18 (Mich. Ct. App. 1996).
“§ 762.14(1); M.S.A. § 28.853(14)(1), [2] dismissing the proceedings.”
People v. Temelkoski, 859 N.W.2d 743 (Mich. Ct. App. 2014).
“If the defendant successfully completes his or her HYTA assignment, the court “shall discharge the individual and dismiss the proceedings,” MCL 762.14(1), and “all proceedings regarding the disposition of the criminal charge and the individual’s assignment as youthful trainee…”
In re TD, 823 N.W.2d 101 (Mich. Ct. App. 2011).
— Mich. Comp. Laws § 762.14(4) — 7 cases
People v. DiPiazza, 778 N.W.2d 264 (Mich. Ct. App. 2009).
“Before 1995, various forms of MCL 762.14 existed, none of which required a person assigned to youthful trainee status to register as a sex offender.”
People v. Bobek, 553 N.W.2d 18 (Mich. Ct. App. 1996).
“§ 762.14(1); M.S.A. § 28.853(14)(1), [2] dismissing the proceedings.”
People v. Rahilly, 635 N.W.2d 227 (Mich. Ct. App. 2001).
“MCL 762.14 provides in relevant part: (1) If consideration of an individual as a youthful trainee is not terminated and the status of youthful trainee is not revoked as provided in section 12 of this chapter [MCL 762.”
People v. Temelkoski, 859 N.W.2d 743 (Mich. Ct. App. 2014).
“If the defendant successfully completes his or her HYTA assignment, the court “shall discharge the individual and dismiss the proceedings,” MCL 762.14(1), and “all proceedings regarding the disposition of the criminal charge and the individual’s assignment as youthful trainee…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.