Q: Can I address an unresolved court order preventing my record from being sealed in Michigan?
I am from Michigan and had an embezzlement charge in 2019. I was under 25, so I was granted HYTA, pled not guilty, and was sentenced to one year of probation and restitution fees. I completed my probation and paid all fees, yet my record isn't sealed. The court says I failed to complete a court-ordered economic requirement, which I don't recall. I've contacted my probation officer without success, and the court says it's too late to address this. This is impacting my work. Can I go to court again to resolve this issue?
A:
You perhaps have a misunderstanding of what happened. First, you state you pled not guilty; you would not be on probation with HYTA unless you pled guilty - it's right there in the statute as a requirement.
What does your order discharging you from probation state? The court is right in that soon after receiving that order would have been the time to say something.
It sounds like you did everything you thought you needed to do. However, this is a lesson for all: when you are on probation, it's your probation. It's on you to keep track and understand everything; it's not your probation officer, the judge, or your attorney's job to make sure you check all the boxes.
I would suggest however that you take a look at the court file and see what economic requirement they are referring to. It's possible for it to be a mistake.
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