What Is MCL 769.4a? Michigan’s Domestic Violence Deferral

MCL 769.4a is the Michigan statute that lets a person charged with domestic assault resolve the case without a conviction on their record. The court takes a guilty plea, a no-contest plea, or a guilty finding, but holds off on entering a judgment and puts the person on probation instead. Finish probation, and the case is dismissed. Fail it, and the plea becomes a full conviction. The statute is narrow, requires the prosecutor’s consent, and is available only once in a lifetime.¹

Who Qualifies

Three things have to line up.

First, no prior assaultive-crime convictions. Michigan defines “assaultive crime” broadly to include offenses under MCL 750.81 through 750.90g and equivalent offenses in other states or local ordinances.¹ That is a wide sweep. An old bar-fight conviction or an out-of-state assault charge can disqualify someone who has never been accused of domestic violence before.

Second, the current charge must be domestic assault and battery under MCL 750.81 or aggravated domestic assault under MCL 750.81a, and the victim must fall within a defined domestic relationship: a current or former spouse, someone who shares a child with the defendant, a current or former household member, or someone in a dating relationship. Michigan defines “dating relationship” as frequent, intimate associations primarily characterized by an expectation of affectional involvement, which excludes casual or ordinary social interactions.¹

Third, no prior 769.4a deferral. The court must contact the Michigan State Police before granting one to confirm both the clean assaultive-crime history and that the person has never used this statute before.¹ A deferral used years ago in another Michigan county will show up and the request will be denied.

The Prosecutor Has to Agree

A 769.4a deferral is not something a judge can grant over the prosecutor’s objection. The statute requires consent from both the defendant and the prosecuting attorney, and the prosecutor must consult the victim before agreeing.¹ Prosecutors generally weigh the severity of the alleged conduct, the victim’s injuries and wishes, and any other criminal history. A cooperative victim and a credible case for rehabilitation make consent more likely.

How the Plea and Probation Work

The defendant pleads guilty or no contest, or is found guilty after trial. The court accepts that outcome but does not enter a judgment of guilt. The person is placed on probation instead.¹ That distinction is the whole point of the statute. A plea with no judgment is not a conviction. During the probation period the defendant sits in a legal in-between: they have admitted the conduct, but no conviction exists unless something goes wrong.

Probation can last up to two years, which is the statutory maximum for misdemeanor probation in Michigan.²

What the Court Can Require

The court can attach any standard probation condition under MCL 771.3 along with conditions specific to the deferral statute.¹ Typical requirements include:

Participation in a domestic violence intervention or batterer’s treatment program, with the defendant paying reasonable program costs.¹
Restitution for the victim’s losses, including medical expenses or counseling costs. Restitution is a standard probation condition under MCL 771.3 and is separately required under Michigan’s Crime Victim’s Rights Act.³
Random drug and alcohol testing, especially where substance use contributed to the offense.
No-contact conditions “reasonably necessary for the protection of one or more named persons,” entered into the Law Enforcement Information Network.³
Probation supervision fees, a crime victim assessment, and state costs. Combined with program fees, these commonly add up to several hundred dollars or more.
Up to 12 months of jail as a condition of probation, served all at once or at intervals. This surprises many defendants, who assume a deferral means no incarceration. A judge can impose jail time while still deferring the conviction.⁴
Participation in drug treatment court, in appropriate cases.

If You Finish Probation

When every condition has been met, the court must discharge the defendant and dismiss the proceedings. The statute uses “shall,” so this is not discretionary.¹ After dismissal the person was never convicted of the offense and can truthfully answer “no” to most questions about criminal convictions for that incident.

Court proceedings themselves stay open to the public throughout. Anyone can walk into the courtroom. What is restricted is the written record: during the deferral period, the record of proceedings is closed to public inspection, and after a successful discharge the Michigan State Police keep a non-public record of the arrest, proceedings, and disposition.¹ A standard commercial background check run by an employer or landlord should not pull up the case. Courts, law enforcement, the Michigan Department of Corrections, and prosecutors can still see it when performing official duties. That non-public record is also what enforces the one-time limit on using the statute.

If You Violate Probation

A probation violation flips the arrangement. If the court finds a condition was breached, it can enter a judgment of guilt on the original plea or finding and proceed straight to sentencing.¹ Common triggers are a new arrest, a failed drug test, missed counseling, or contact with the victim in violation of a protective order.

At that point the sentence depends on the underlying charge. Aggravated domestic assault under MCL 750.81a carries up to one year in jail and a fine of up to $1,000.⁵ A standard domestic assault under MCL 750.81 carries a shorter maximum jail term and a lower fine. Either way the conviction becomes permanent and public, and the case counts as a prior assaultive crime for any future charges.

Firearms: Read This Before You Plead

Federal law prohibits anyone convicted of a “misdemeanor crime of domestic violence” from possessing a firearm or ammunition.⁶ Whether a Michigan 769.4a deferral counts as a “conviction” for this purpose is the critical question.

The federal definition includes an exception for convictions that have been expunged or set aside, or where the person has been pardoned or had civil rights restored, unless the expungement or pardon expressly bars firearm possession.⁷ A successfully completed 769.4a deferral ends in dismissal, which arguably fits that exception. During the probation period, before dismissal, the picture is less clear: a plea has been entered, no judgment of guilt exists, and nothing has yet been dismissed or set aside.

Anyone going through a 769.4a deferral who owns firearms or plans to buy one should talk to a lawyer about the federal implications before pleading. Getting this wrong is a federal felony carrying up to 10 years in prison.

Other Consequences That Can Follow You

Dismissal removes the conviction from your criminal history, but it does not erase every trace of the case.

Professional licensing boards in fields like healthcare, education, and law enforcement often ask whether you have ever been arrested or had charges deferred, not just whether you were convicted. The non-public Michigan State Police record may be accessible to them. Failing to disclose a deferral when the application asks can lead to denial or discipline. Read the questions carefully.
Concealed pistol licenses go through a county board that can see the non-public record. There is no statutory automatic disqualification after a successful 769.4a dismissal, but boards have discretion, and a domestic violence-related case draws closer scrutiny.
International travel can be affected. Canada runs its own border checks and may flag an arrest even after a dismissal. Carrying certified court documents showing the final disposition helps, but Canadian officers have discretion to deny entry.
For non-citizens, a guilty plea to domestic violence, even one deferred under state law, can trigger serious immigration consequences. Federal immigration law uses its own definition of “conviction” that may not match how Michigan treats a dismissed deferral. Anyone without U.S. citizenship should consult an immigration attorney before entering a plea.

1
Michigan Legislature. Michigan Code 769.4a
2
Michigan Legislature. Michigan Code 771.2
3
Michigan Legislature. Michigan Code 771.3
4
Michigan Courts. Domestic Assault
5
Michigan Legislature. Michigan Code 750.81a
6
Office of the Law Revision Counsel. 18 USC 922
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Office of the Law Revision Counsel. 18 USC 921 – Definitions