Most are celebrating the upcoming change in the Michigan law; making an MIP a civil infraction, and no longer a misdemeanor, but as someone who represents many students at the University of Michigan at the 15th District Court, I actually see this being a worse result for my clients. Here's why:
Under the current law, a client at the 15th District Court would come to court and admit to the act of underage drinking - under the law, this plea is withheld and not entered as a guility plea. A 6-month probation, which usually ends up being shorter is given to the client, which is non-reporting with no alcohol testing, fines & costs and to complete an alcohol class. As long as the client stays out of trouble the file is closed. The case is 100 percent non-public from day one; nothing has to be "dismissed" because the conviction is never entered, because it is not a conviction unless a judge deems you violated the probation and they can make it a public conviction. I've never had a client get an MIP placed on their record under this scenario. The case does not come up in background checks, 15th district court online checks and if someone were to call the court about you, the court would deny a case ever existed.
Under the new law, a client would plead responsible, not plead guilty, but under the above scenario there actually is NO plea entered. A minor in possession civil infraction is a 100 percent public record to come up in all background checks, court searches, and an employer, graduate school, private investigator, a parent of a client etc could access the entire file including any police reports, notes on a ticket. While it may not be a "crime" or a "misdemeanor", most employment, law school, medical school, graduate school etc ask the question about "offenses" and "incidents" within their question of misdemeanors and felonies.
These questions would appear to include civil infractions. It's great you can say well this wasn't a crime, you still have a record of BREAKING THE LAW. An MIP may not be considered a misdemeanor in Michigan anymore, but it's a crime in most states. The person reviewing your background check and your past offenses may not care that what Michigan considers the case, but rather the general consensus in the country, and that's to view it as a crime.
Under the old system, you would NOT need to disclose the case where there was never a plea entered, it was never a conviction, the matter was completely dismissed and it's non public. There are a handful of other consequences to this law change, which I will write about at a future date, but this one is the most glaring for the type of clients that I work with.
Under the current law, a client at the 15th District Court would come to court and admit to the act of underage drinking - under the law, this plea is withheld and not entered as a guility plea. A 6-month probation, which usually ends up being shorter is given to the client, which is non-reporting with no alcohol testing, fines & costs and to complete an alcohol class. As long as the client stays out of trouble the file is closed. The case is 100 percent non-public from day one; nothing has to be "dismissed" because the conviction is never entered, because it is not a conviction unless a judge deems you violated the probation and they can make it a public conviction. I've never had a client get an MIP placed on their record under this scenario. The case does not come up in background checks, 15th district court online checks and if someone were to call the court about you, the court would deny a case ever existed.
Under the new law, a client would plead responsible, not plead guilty, but under the above scenario there actually is NO plea entered. A minor in possession civil infraction is a 100 percent public record to come up in all background checks, court searches, and an employer, graduate school, private investigator, a parent of a client etc could access the entire file including any police reports, notes on a ticket. While it may not be a "crime" or a "misdemeanor", most employment, law school, medical school, graduate school etc ask the question about "offenses" and "incidents" within their question of misdemeanors and felonies.
These questions would appear to include civil infractions. It's great you can say well this wasn't a crime, you still have a record of BREAKING THE LAW. An MIP may not be considered a misdemeanor in Michigan anymore, but it's a crime in most states. The person reviewing your background check and your past offenses may not care that what Michigan considers the case, but rather the general consensus in the country, and that's to view it as a crime.
Under the old system, you would NOT need to disclose the case where there was never a plea entered, it was never a conviction, the matter was completely dismissed and it's non public. There are a handful of other consequences to this law change, which I will write about at a future date, but this one is the most glaring for the type of clients that I work with.
