Michigan Public Records

Public records in Michigan include any writing prepared, used, owned, possessed, or retained by a public body to perform an official function. They are subject to the Michigan Freedom of Information Act (FOIA), which presumes that all government information and documents are available to the public unless exempt.

Public records accessible under the FOIA include those of any Michigan agency, department, bureau, division, commission, board, or council in the executive and legislative branches of the government; this includes bodies created or primarily funded by state or local authorities. Records exempt from disclosure include those protected by state or federal law, those whose release would invade personal privacy, and those that would reveal confidential information.

Michigan public records are a vital source of information for citizens, journalists, researchers, and others who want to learn more about the activities and decisions of their government. By providing access to public records in compliance with legal statutes, the public bodies in Michigan uphold the principles of transparency and accountability essential for a democratic society.

Are Michigan Records Public?

Yes. Michigan records are generally public unless exempt by law or court order. The Michigan Freedom of Information Act (FOIA) allows citizens to access and inspect public records, except for persons incarcerated in state or local correctional facilities.

Some public records excluded from disclosure under the FOIA include:

Personal information, such as Social Security and financial account numbers
Medical records
Student records
Law enforcement records, including records of ongoing investigations, confidential informants, and surveillance techniques
Trade secrets and commercial information, such as bids, proposals, and contracts
Internal records of legislative bodies, such as correspondence, drafts, and notes
Internal records of the judiciary, such as deliberations, communications, and notes

Michigan Public Records Act

In Michigan, public access to government records is regulated by the Michigan Freedom of Information Act (FOIA). The FOIA, while not explicitly termed as the "Michigan Public Records Act," is the instrumental framework facilitating the accessibility of government records and information.

Per the FOIA, "public records" cover various materials integral to governmental functions. Examples include:

Court records, including civil, criminal, traffic, domestic, and probate case records
Vital records, such as birth, divorce, death, and marriage certificates
Arrest and criminal records, such as mugshots, warrants, and criminal history
Property records, such as deeds, mortgages, liens, and assessments
Business records, such as licenses and registrations

These records originate from diverse sources within the government, ranging from agencies and departments to boards, commissions, and other entities fulfilling governmental roles. Furthermore, public records appear in varied formats, spanning paper documents to electronic files and databases.

How Do I Find Public Records in Michigan

Obtaining public records in Michigan involves a structured process that inquirers can follow to access the necessary information.

The first step is to identify the type of record required and determine the custodian responsible for maintaining it. For example, the Michigan Department of Health and Human Services is the custodian for birth certificates.
Once the record and custodian are identified, individuals should confirm the availability of the record and the methods for accessing it. Some records may be accessible online, while others require a written or oral request. It is crucial to check for any exemptions or redaction procedures that may apply to the requested records; the Michigan Freedom of Information Act Handbook provides valuable insights into these aspects.
Initiating a Public Records Act request involves providing fundamental details about a record in writing or via other acceptable methods. If the record is unavailable online, individuals can use the sample FOIA request letter the Michigan Attorney General provides or draft their own. The request should include essential information such as the requester's name, address, phone number, email address, and a clear description of the desired record (names, dates, case information, page number, case number, district or location, etc.). Additionally, individuals should specify their preferred format and delivery method: paper, electronic, mail, or pick-up. The request can be submitted via mail, email, fax, or in person, according to the custodian's preferred method.

Custodians may impose fees for processing requests, labor, copying, mailing, and searching records. Individuals can obtain a breakdown of these fees and an estimated processing time from the custodian. Some custodians may require a deposit before processing a request, with the remaining balance payable upon receiving the record. A fee waiver or reduction may be an option for those who qualify as indigent or represent nonprofit organizations.

Find Michigan Public Records Free

Inquirers may access public records in Michigan without incurring charges, usually through in-person visits or online platforms.

Under the Michigan Freedom of Information Act (FOIA), citizens can request the inspection and copying of public records through a written request, with fees and exemptions applied.

However, the FOIA allows for a waiver or reduction of costs by public bodies if the request serves the public interest by significantly contributing to the understanding of government activities. For example, the Michigan Department of Health and Human Services (MDHHS) provides a website where individuals can search for and order vital records, such as birth, death, marriage, and divorce certificates. The website charges a fee for each record ordered, but it also allows individuals to view and print a verification of a record for free. Verification is not a certified copy, but it confirms the existence of a record and provides basic information, such as names, dates, and places.

Similarly, the Michigan State Police (MSP) has a website where individuals can search for and obtain criminal history records, such as arrest, conviction, and incarceration. The website charges a fee for each record requested, but it also allows individuals to conduct a free name-based search for public sex offender registry information. The search results include the offender's name, photo, address, offense, and status.

The Michigan Department of Licensing and Regulatory Affairs (LARA) offers a portal where individuals can search for and verify various licenses, permits, and certifications issued by the state, including professional, occupational, business, and health licenses. The website does not charge any fee for searching or viewing the license information, which may include the licensee's name, address, license number, status, expiration date, and disciplinary actions.

The Michigan Secretary of State (SOS) also operates a website where individuals can access election and campaign finance records without charges, including voter registration, election results, campaign committees, and contributions.

What Happens if I Am Refused a Public Records Request?

When refused a public records request in Michigan, inquirers may:

Request a Written Explanation

Requesters have the right to request a written explanation from the government agency that denied their request. This explanation should outline the specific reasons for the denial, the legal basis supporting it, and details on the appeals process.

Refine the Request

If the denial is due to the request being too broad or vague, individuals can refine their request. This involves making the inquiry more specific with additional details like the type, subject, or relevant dates of the records sought. Seeking assistance from the agency's FOIA coordinator is also an option.

Appeal to the Head of the Agency

Individuals can submit a written appeal to the head of the public body initially denying their request. This appeal should be made within 180 days of the denial, clearly marked as an "appeal," and should articulate the grounds for challenging the denial. The head of the public body must respond within ten business days.

File a Lawsuit

If dissatisfaction persists, individuals can file a civil suit in the circuit court where the public body is located. This legal action should be taken within 180 days of the request denial or the final determination of an appeal. The court will perform a de novo review to ensure compliance with the FOIA, and potential outcomes may include ordered disclosure of records, damages, and attorney fees. Note: If the legal action is against an agency or department of Michigan State, the action must be filed in the Court of Claims

How Long Does It Take to Obtain a Michigan Public Record?

The timeline for accessing public records in Michigan is flexible, contingent on factors like request intricacy, record availability, legal review necessity, and potential exemptions. However, the Michigan Freedom of Information Act (FOIA) outlines specific timelines for crucial stages in the process.

According to the law, upon initiating a FOIA request, a public body must respond within five business days, with an option to extend this period for up to ten additional business days under specific circumstances. The response must convey whether the request will be granted or denied, including an estimate of any associated fees.