What is 7411 Deferment?
Defense lawyers, prosecutors and judges in Michigan often talk about 7411 probation. 7411 refers to a specific provision of the public health code being MCL 333.7411. This law gives criminal defendants charged with a drug possession or drug use crime the opportunity to have the charge removed from their record upon successful completion of a probation term.
Who Qualifies for 7411?
If you have never previously been convicted of a drug possession or drug use offense anywhere in the United States you will likely qualify for 7411 probation. If you are charged with a drug crime that involves sales or delivery you will not qualify. It is applicable to both felony and misdemeanor drug offenses.
How Does it Work?
If you are 7411 eligible, the court will place you on probation. The terms of probation can include many requirements but they will usually include drug testing and some sort of substance abuse treatment. During the term of your probation the record of your criminal case will be a non-public record.
If you are successful and complete the term of probation the court will dismiss the charges against you and there will be no public criminal record related to this offense. The statute does allow the state to maintain a non-public record which can be used for very limited purposes.
7411 is a good law that provides individuals with a second chance and an opportunity to avoid the life-long stigma that can come with a drug offense criminal conviction. However, its only helpful if the defendant can successfully complete a term of probation so it is imperative that the defendant obtain whatever help he or she may need to address his or her substance abuse problem.