If I am charged with disorderly conduct that is subsequently reduced to a noise violation and the judge places me on probation under 771.1, does that mean I've been "convicted" of a crime? If I complete probation, does that ever show up on my record for employment purposes? Or if asked that question, do I have to answer yes?
As long as you complete ALL of the terms of your probation under a deferred sentence, your conviction will not show up on public records. In other words, "regular" employers will not know about this case, and you were never technically convicted. However, police agencies will have it on LEIN, and potential gov't employers, especially in law enforcement positions, will know and you would need to admit it (for any chance of getting the job). It could also be used later to enhance any future convictions.
You indicate you were sentenced on a reduced charge of a noise violation pursuant to MCL 771.1. That is the delayed sentence statute. There is a critical distinction between the delayed sentence statute and the deferred sentence statutes (e.g., MCL 333.7411 for drugs or MCL 769.4a for domestic violence). Under the delayed sentence statute (771.1) it IS treated as a conviction during the probation period. If you successfully complete the terms and conditions, the Prosecutor will move for dismissal of the charge at the end of the probation period. At that time, you will be able to tell prospective employers you have no convictions on your record. A word of caution, criminal records flow from fingerprints. Unless the fingerprints of an arrest are ordered to be destroyed, a criminal background check will still reveal the arrest to a prospective employer even if the case was ultimately dismissed pursuant to the delayed sentence statute. It is the policy of the Michigan State Police to not destroy fingerprints even in cases dismissed per 771.1.
You're on a delay of sentence. At the end of the delay, if all conditions were met by you, the case will be dismissed. Between now and the end of the delay period, you are technically convicted of a crime. Once it is dismissed at the successful completion of the delay, than you go back to not having a conviction. However, records that are kept via delay of sentence are public and will still show in a criminal record check. The State Police will not destroy the prints and record. Generally, this is only done when a case has been either dismissed by the court before plea/trial, nolle'd by the prosecutor outright, or when you're arrested and printed but charges are never formally filed. Good luck.
