Howell 53rd District Court - DV Lawyer
If charged with domestic violence in Michigan, you may be eligible for this program. Under this program the Court “may defer further proceedings and place [you] on probation . . . without entering an adjudication of guilt.” MCL 769.4a(1).
Then, “upon fulfillment of the terms and conditions [of probation], the Court shall discharge [you] and dismiss the proceedings against [you] . . . without an adjudication of guilt,” such that you do not have any “conviction . . . for purposes of [the usual] disqualifications or disabilities imposed by law upon a conviction” for Domestic Violence or Aggravated Domestic Violence (i.e. impairment of your 2nd Amendment right to bear arms, etc.). MCL 769.4a(5).
As long as you complete probation successfully, the court will dismiss the case. The matter will be non-public and the only way to access the record would be if you were charged again, a prosecutor for purposes of seeing if you have a record, may review a non public record. This means an employer should not be able to see the incident.
While this seems like a great outcome (it is), there are a number of ways to pursue options where you may be able to avoid probation and the chances of violating in which this would go on your record, and you would likely go to jail.
The prosecutor must also agree to this deal; many prosecutors in Michigan are very picky about when this is offered, and I've had clients have to set their cases for trial, because a prosecutor refused. My proactive program has changed a lot of prosecutors minds, which may not otherwise have offered this outcome.