MCL 769.4a lets a first-time domestic violence offender in Michigan plead guilty without a judgment of guilt being entered, complete probation, and have the case dismissed. Done correctly, you finish with no public conviction. It is the single most valuable tool available in a first-offense domestic violence case — and it is also widely misunderstood, including by people who have already used it.
Who Actually Qualifies
The statute sets out the conditions plainly. Deferral is available when:
- You have not previously been convicted of an assaultive crime;
- You plead guilty to, or are found guilty of, a violation of MCL 750.81 (domestic assault) or MCL 750.81a (aggravated domestic assault);
- The alleged victim is your spouse or former spouse, a person you have a child in common with, a person you have or had a dating relationship with, or a current or former resident of your household; and
- Both you and the prosecuting attorney consent, with the prosecutor consenting after consulting the victim.
It can be used once in your lifetime. That prosecutorial consent requirement is where most deferrals are actually won or lost, and it is not a formality — it is a negotiation, and how the case is presented in the first weeks matters.
What Probation Looks Like
A deferral is not a walk. The court places you on probation, and the conditions in a domestic violence case routinely include a batterer intervention or domestic violence counseling program, substance abuse evaluation and treatment where alcohol was involved, no-contact or limited-contact provisions, costs and fees, and regular reporting. Some defendants are placed in specialty court programming.
Two things worth knowing going in. First, under MCL 771.2(10), a person on probation for a domestic violence offense is not eligible for the early discharge at the halfway point that most probationers can seek. Second, if you violate probation, the court can enter the judgment of guilt it was holding — and you are then a convicted person with none of the benefit of the bargain.
What the Record Looks Like
Under MCL 769.4a(6), the proceedings themselves are open to the public, but the record is closed to public inspection during the deferral period. Unless a judgment of guilt is entered, MCL 769.4a(7) requires the Michigan State Police to keep a nonpublic record of the arrest, proceedings, and disposition. That record stays available to courts, law enforcement, the Department of Corrections, and prosecuting attorneys for defined purposes — including proving that you have already used a deferral.
So: an ordinary employment background check will not turn it up. It is not erased from existence.
The Part Nobody Tells You: MCL 769.4a(5)
This is the most important paragraph on this page. A case discharged and dismissed under MCL 769.4a still counts as a prior conviction if you are later charged with an enhanced domestic violence offense under MCL 750.81(4), MCL 750.81(5), or MCL 750.81a(3).
In plain terms: if you take a deferral today and are accused again in five years, the prosecutor charges you with a second offense — a one-year misdemeanor — not a first. And a third accusation after that is a five-year felony. People come into my office genuinely stunned by this, because they were told the first case "went away." It went away for most purposes. Not for this one.
Is a Deferral Always the Right Move?
No, and I will tell you so. A deferral requires you to admit the offense. If the evidence is weak — a single disputed account, no injuries, a complaining witness whose story has changed, or a genuine self-defense claim — then a dismissal or an acquittal is a better outcome, and it costs you nothing on the record and nothing in future enhancement.
The right sequence is: get the discovery, review the 911 audio and body camera footage, assess the case honestly, then decide. Agreeing to a deferral at arraignment because it sounds like the safe option is how people give away winnable cases. That said, when the evidence is strong, a deferral is an outstanding result, and it is worth fighting the prosecutor to get one.
Deferral and Your Gun Rights
This is a common and important question. The federal firearms ban under 18 U.S.C. § 922(g)(9) and Michigan’s 8-year ban under MCL 750.224f attach to a conviction for a misdemeanor crime of domestic violence. A properly completed deferral that ends in dismissal is designed to avoid a judgment of conviction — which is a large part of why it is worth pursuing. But this area is technical, federal and state definitions do not always line up, and a probation violation that triggers entry of the judgment changes the answer completely. Do not assume; ask me about your specific case, and see gun rights after a DV conviction.
Getting a Deferral in Kent County
Deferrals are handled in district court — the 61st in Grand Rapids, 62A in Wyoming, 62B in Kentwood, and the 63rd District Court — and Kent County’s specialized domestic violence docket has its own expectations about programming and compliance. Which prosecutor is assigned, and how early the conversation happens, genuinely affects whether consent is given. If you are facing a first-offense domestic violence charge, call me before your pretrial, not after.
Frequently Asked Questions
What is the MCL 769.4a domestic violence deferral?
MCL 769.4a lets a court accept a guilty plea to a domestic assault under MCL 750.81 or MCL 750.81a without entering a judgment of guilt, place the person on probation, and then dismiss the charge entirely upon successful completion. There is no public conviction if the probation is completed successfully.
Who qualifies for a 769.4a deferral?
A person who has not previously been convicted of an assaultive crime, where the victim is a spouse, former spouse, co-parent, dating partner, or current or former member of the household, and where both the accused and the prosecuting attorney consent — the prosecutor consenting after consultation with the victim. It may be used only once in a lifetime.
Does a dismissed 769.4a case still count against me later?
Yes, and this surprises almost everyone. Under MCL 769.4a(5), a discharge and dismissal under this section counts as a prior conviction if you are later prosecuted for an enhanced domestic violence offense under MCL 750.81(4), MCL 750.81(5), or MCL 750.81a(3). The case is dismissed for most purposes, but not for that one.
Is the record of a deferred case public?
The court proceedings themselves are open to the public under MCL 769.4a(6), but the record is closed to public inspection during the deferral period. Unless the court enters a judgment of guilt, the Michigan State Police retain a nonpublic record of the arrest and disposition, which remains accessible to courts, law enforcement, the Department of Corrections, and prosecutors for specified purposes.
Talk to Me Before You Talk to Anyone Else
I am Shawn Haff, and I defend domestic violence cases across Kent, Ottawa, Allegan, Barry, Ionia, Muskegon, Newaygo, and Van Buren counties. The call is free, I answer my own phone, and the earlier I am involved the more options you have. Call 616-438-6719 or send me a message.