The Holmes Youthful Trainee Act (HYTA) provides an avenue for persons that are from 17 years old to before the person’s 21st birthday (at the time of the offense) to avoid a conviction and Sex Offender Registration Act (SORA) compliance. Although a Defendant charged with a sex offense might be age eligible for HYTA there are other requirements pursuant to Michigan Compiled Law (MCL) 762.11 which might prevent the Defendant from receiving HYTA:
A criminal conviction can hurt a person’s ability to obtain school loans, get accepted into some school programs, advance in a career, and obtain licensing for some employment areas. Many are embarrassed by a prior criminal conviction, and worry how it will effect their reputation, and if their past will affect their family.
In Michigan, pursuant to MCL 762.11 and MCL 762.13, individuals from the age of 17 until their 21st birthday who are convicted of a crime may be eligible for Holmes Youthful Trainee Act (HYTA) to avoid a public record of conviction. For individuals that are at least 21 years old, but you’re than 24 years old, HYTA can be obtained with the consent of the prosecutor and the Court. In this manner, the convicted individual can report to employers and colleges that they do not have a criminal record. An assignment of HYTA shall not be deemed a conviction of a crime and such person shall suffer no civil disability, right or privilege following his or her release from such status because of such assignment as a youthful trainee. The rationale behind HYTA is that young persons often have issues with immaturity and flawed judgment, and in some instances should be given a second chance so the conviction will not hurt them in the future.