Mich. Comp. Laws » Michigan Compiled Laws / Chapter 769 / Act 175 of 1927
Michigan Compiled Laws

Mich. Comp. Laws § 769.4a (2026)

Assault on spouse, former spouse, individual with child in common, dating relationship, or household resident; plea or finding of guilty; deferral of proceedings; order of probation; previous convictions; adjudication of guilt upon violation of probation; mandatory counseling program; costs; circumstances for entering adjudication of guilt; discharge and dismissal; limitation; court proceedings open to public; retention of nonpublic record by department of state police; definitions.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


769.4a Assault on spouse, former spouse, individual with child in common, dating relationship, or household resident; plea or finding of guilty; deferral of proceedings; order of probation; previous convictions; adjudication of guilt upon violation of probation; mandatory counseling program; costs; circumstances for entering adjudication of guilt; discharge and dismissal; limitation; court proceedings open to public; retention of nonpublic record by department of state police; definitions.

Sec. 4a.

    (1) When an individual who has not been convicted previously of an assaultive crime pleads guilty to, or is found guilty of, a violation of section 81 or 81a of the Michigan penal code, 1931 PA 328, MCL 750.81 and 750.81a, and the victim of the assault is the offender's spouse or former spouse, an individual who has had a child in common with the offender, an individual who has or has had a dating relationship with the offender, or an individual residing or having resided in the same household as the offender, the court, without entering a judgment of guilt and with the consent of the accused and of the prosecuting attorney in consultation with the victim, may defer further proceedings and place the accused on probation as provided in this section. However, before deferring proceedings under this subsection, the court shall contact the department of state police and determine whether, according to the records of the department of state police, the accused has previously been convicted of an assaultive crime or has previously had proceedings deferred under this section. If the search of the records reveals an arrest for an assaultive crime but no disposition, the court shall contact the arresting agency and the court that had jurisdiction over the violation to determine the disposition of that arrest for purposes of this section.

    (2) Upon a violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided in this chapter.

    (3) An order of probation entered under subsection (1) may include any condition of probation authorized under section 3 of chapter XI, including, but not limited to, requiring the accused to participate in a mandatory counseling program. The court may order the accused to pay the reasonable costs of the mandatory counseling program. The court also may order the accused to participate in a drug treatment court under chapter 10A of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1088. The court may order the defendant to be imprisoned for not more than 12 months at the time or intervals, which may be consecutive or nonconsecutive and within the period of probation, as the court determines. However, the period of imprisonment must not exceed the maximum period of imprisonment authorized for the offense if the maximum period is less than 12 months. The court may permit day parole as authorized under 1962 PA 60, MCL 801.251 to 801.258. The court may permit a work or school release from jail.

    (4) The court shall enter an adjudication of guilt and proceed as otherwise provided in this chapter if any of the following circumstances exist:

    (a) The accused commits an assaultive crime during the period of probation.

    (b) The accused violates an order of the court that the accused receive counseling regarding the accused's violent behavior.

    (c) The accused violates an order of the court that the accused have no contact with a named individual.

    (5) Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against the person. Discharge and dismissal under this section must be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, but it is a prior conviction in a prosecution under sections 81(4) and (5) and 81a(3) of the Michigan penal code, 1931 PA 328, MCL 750.81 and 750.81a. There must be only 1 discharge and dismissal under this section with respect to any individual.

    (6) All court proceedings under this section must be open to the public. Except as provided in subsection (7), if the record of proceedings as to the defendant is deferred under this section, the record of proceedings during the period of deferral must be closed to public inspection.

    (7) Unless the court enters a judgment of guilt under this section, the department of state police shall retain a nonpublic record of the arrest, court proceedings, and disposition of the criminal charge under this section. However, the nonpublic record must be open to the following individuals and entities for the purposes noted:

    (a) The courts of this state, law enforcement personnel, the department of corrections, and prosecuting attorneys for use only in the performance of their duties or to determine whether an employee of the court, law enforcement agency, department of corrections, or prosecutor's office has violated the conditions of employment or whether an applicant meets criteria for employment with the court, law enforcement agency, department of corrections, or prosecutor's office.

    (b) The courts of this state, law enforcement personnel, and prosecuting attorneys for either of the following purposes:

    (i) Showing that a defendant in a criminal action under section 81 or 81a of the Michigan penal code, 1931 PA 328, MCL 750.81 and 750.81a, or a local ordinance substantially corresponding to section 81 of that act has already once had proceedings deferred under this section.

    (ii) Determining whether the defendant in a criminal action is eligible for discharge and dismissal of proceedings by a drug treatment court under section 1076(5) of the revised judicature act of 1961, 1961 PA 236, MCL 600.1076.

    (c) The department of health and human services for enforcing child protection laws and vulnerable adult protection laws or ascertaining the preemployment criminal history of any individual who will be engaged in the enforcement of child protection laws or vulnerable adult protection laws.

    (8) As used in this section:

    (a) "Assaultive crime" means 1 or more of the following:

    (i) That term as defined in section 9a of chapter X.

    (ii) A violation of chapter XI of the Michigan penal code, 1931 PA 328, MCL 750.81 to 750.90g.

    (iii) A violation of a law of another state or of a local ordinance of a political subdivision of this state or of another state substantially corresponding to a violation described in subparagraph (i) or (ii).

    (b) "Dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.

    

    

History: Add. 1978, Act 353, Imd. Eff. July 14, 1978 ;-- Am. 1980, Act 471, Eff. Mar. 31, 1981 ;-- Am. 1994, Act 68, Eff. July 1, 1994 ;-- Am. 2001, Act 208, Eff. Apr. 1, 2002 ;-- Am. 2004, Act 220, Eff. Jan. 1, 2005 ;-- Am. 2006, Act 663, Imd. Eff. Jan. 10, 2007 ;-- Am. 2012, Act 364, Eff. Apr. 1, 2013 ;-- Am. 2012, Act 550, Eff. Apr. 1, 2013 ;-- Am. 2013, Act 222, Eff. Jan. 1, 2014 ;-- Am. 2019, Act 115, Eff. Feb. 6, 2020 ;-- Am. 2023, Act 208, Eff. Feb. 13, 2024

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 2007–2025 · leading case: People v. Benjamin, 769 N.W.2d 748 (Mich. Ct. App. 2009).
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People v. Benjamin, 769 N.W.2d 748 (Mich. Ct. App. 2009). · cites it 14× “McElroy entered a plea of no contest to domestic violence and entered into a deferral program under MCL 769.4a. [McElroy, supra] at 33-34 . The Court of Appeals held that because Mr.”
McElroy v. Michigan State Police Crim. Just. Info. Ctr., 731 N.W.2d 138 (Mich. Ct. App. 2007). · cites it 16× “NATURE OF THE CASE This case presents an issue of first impression: whether a person who participates in a diversionary program under MCL 769.4a and ultimately has his or her charges dismissed is entitled to have his or her fingerprint card, arrest card, and description…”
In re Klocek, 805 N.W.2d 213 (Mich. Ct. App. 2010). · cites it 7× “In McElroy , the plaintiff had entered a plea of no contest to domestic violence charges with an agreement that the charges would be dismissed pursuant to MCL 769.4a if he successfully completed probation and a domestic violence program.”
In re Mazur, 871 N.W.2d 526 (Mich. 2015). · cites it 3× “With the prosecutor’s consent, pursuant to MCL 769.4a, [the defendant] was placed on probation for 12 months, and she was assessed fines and costs.”
People of Michigan v. Cory James Watson (Mich. Ct. App. 2020). · cites it 3× “Defendant’s contention that his criminal history was wholly accounted for by the PRVs is factually inaccurate.”
in Re Hon R Darryl Mazur (Mich. 2015). · cites it 3× “With the prosecutor’s consent, pursuant to MCL 769.4a, [the defendant] was placed on probation for 12 months, and she was assessed fines and costs.”
in Re Hon R Darryl Mazur (Mich. 2015). · cites it 3× “With the prosecutor’s consent, pursuant to MCL 769.4a, [the defendant] was placed on probation for 12 months, and she was assessed fines and costs.”
People of Michigan v. Thomas William Wooten (Mich. Ct. App. 2015). · cites it 2× “Defendant argues that the domestic violence conviction should not have been counted because the PSIR indicates that he entered a plea and was sentenced on that charge to one year of probation under MCL 769.4a on December 27, 2001, and he was discharged on October 22, 2002.”
O People of Michigan v. Casey Stephen Turner (Mich. Ct. App. 2024). “Boonstra 8 The first case was ultimately dismissed under the spouse abuse act, MCL 769.4a, and the second case resulted in defendant pleading to assault and battery.”
People of Michigan v. Christopher Michael Thomson (Mich. Ct. App. 2025). “In a case separate from the firearms matter, prosecutors charged defendant with domestic assault and resisting and obstructing an officer and defendant pleaded guilty to domestic violence under MCL 769.4a. In the instant case, as noted, defendant was charged with four counts of…”
— Mich. Comp. Laws § 769.4a(1) — 1 case
People of Michigan v. Cory James Watson (Mich. Ct. App. 2020). “Defendant’s contention that his criminal history was wholly accounted for by the PRVs is factually inaccurate.”
— Mich. Comp. Laws § 769.4a(5) — 4 cases
People v. Benjamin, 769 N.W.2d 748 (Mich. Ct. App. 2009). “McElroy entered a plea of no contest to domestic violence and entered into a deferral program under MCL 769.4a. [McElroy, supra] at 33-34 . The Court of Appeals held that because Mr.”
McElroy v. Michigan State Police Crim. Just. Info. Ctr., 731 N.W.2d 138 (Mich. Ct. App. 2007). “NATURE OF THE CASE This case presents an issue of first impression: whether a person who participates in a diversionary program under MCL 769.4a and ultimately has his or her charges dismissed is entitled to have his or her fingerprint card, arrest card, and description…”
In re Klocek, 805 N.W.2d 213 (Mich. Ct. App. 2010). “In McElroy , the plaintiff had entered a plea of no contest to domestic violence charges with an agreement that the charges would be dismissed pursuant to MCL 769.4a if he successfully completed probation and a domestic violence program.”
People of Michigan v. Thomas William Wooten (Mich. Ct. App. 2015). “Defendant argues that the domestic violence conviction should not have been counted because the PSIR indicates that he entered a plea and was sentenced on that charge to one year of probation under MCL 769.4a on December 27, 2001, and he was discharged on October 22, 2002.”
— Mich. Comp. Laws § 769.4a(6) — 3 cases
McElroy v. Michigan State Police Crim. Just. Info. Ctr., 731 N.W.2d 138 (Mich. Ct. App. 2007). “NATURE OF THE CASE This case presents an issue of first impression: whether a person who participates in a diversionary program under MCL 769.4a and ultimately has his or her charges dismissed is entitled to have his or her fingerprint card, arrest card, and description…”
People v. Benjamin, 769 N.W.2d 748 (Mich. Ct. App. 2009). “McElroy entered a plea of no contest to domestic violence and entered into a deferral program under MCL 769.4a. [McElroy, supra] at 33-34 . The Court of Appeals held that because Mr.”
In re Klocek, 805 N.W.2d 213 (Mich. Ct. App. 2010). “In McElroy , the plaintiff had entered a plea of no contest to domestic violence charges with an agreement that the charges would be dismissed pursuant to MCL 769.4a if he successfully completed probation and a domestic violence program.”
— Mich. Comp. Laws § 769.4a(l) — 2 cases
People v. Benjamin, 769 N.W.2d 748 (Mich. Ct. App. 2009). “McElroy entered a plea of no contest to domestic violence and entered into a deferral program under MCL 769.4a. [McElroy, supra] at 33-34 . The Court of Appeals held that because Mr.”
McElroy v. Michigan State Police Crim. Just. Info. Ctr., 731 N.W.2d 138 (Mich. Ct. App. 2007). “NATURE OF THE CASE This case presents an issue of first impression: whether a person who participates in a diversionary program under MCL 769.4a and ultimately has his or her charges dismissed is entitled to have his or her fingerprint card, arrest card, and description…”
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