In September 2008, Whaley was convicted in Michigan of running a drug house. Having absconded from his probation in January 2009, a National Crime Information Center warrant was issued for his arrest in March 2010. He was arrested in Salt Lake County, and while he was being searched to be booked into jail, officers found several bags of marijuana on his possession. In June 2010, he was extradited to Michigan, and was later sentenced to a two-year jail term in which he served between 2010 and 2012.