Michigan Arrest Records

Upon apprehending an individual on suspicion of a crime, the arresting agency must create a comprehensive official report documenting the incident. Per the state's legislature, this report should feature details of the apprehension, the circumstances necessitating the arrest, and other related information. These reports or documents are Michigan arrest records.

Michigan arrest records are generated by state police, county police, or the sheriff's department; whether a citizen's arrest or a non-warrant arrest, these records must be generated by peace officers.

Typically, a Michigan arrest record contains the following information:

• The arrestee's information: Their name, gender, date of birth, height, race, hair, and eye color, and other identifying information;
• The event information: arrest location, date, time, summary of the events that led to the arrest, interrogation summary;
• Booking information: The names of the arresting officers and the name and address of the detention facility.
• Crime information: Including details of the offense and consequent charges (where applicable)

Are Arrest Records Public in Michigan?

Yes. In Michigan, except for incarcerated persons, anyone may request to inspect public records, including arrest records, for free under the Freedom of Information Act. Additionally, many county sheriff's offices provide their arrest logs or inmate records on their county or sheriff's websites. However, selected reports may be exempt from disclosure under the State of Michigan FOIA regulations.

How Do I Look Up Arrest Records in Michigan?

Individuals interested in looking up arrest records in Michigan may query any of the following agencies/repositories:

Local Law Enforcement Agencies:

To lookup Michigan arrest records, inquirers must submit a public records request to the arresting agency or the facility where they are being housed. Alternatively, requesters may search any database, dedicated web page, or online arrest information portal provided by the county's office or sheriff's department in that jurisdiction. However, inquirers may also visit the appropriate agency and view the record in person if they do not require copies.

Statewide Criminal History Check:

• Criminal History Records (CHR): This state division maintains the Internet Criminal History Access Tool (ICHAT), which allows inquirers to perform name-based criminal history checks. The fee is $10 per lookup. However, requesters may not find sealed or expunged records, federal records, tribal records, traffic records, juvenile records, local misdemeanors, and criminal histories from other states.
• Criminal Court Information: The Court Case Search system provides a free-of-charge docket investigation. A specific case number or party name is required to provide the requested information. Other places to find records on arrested persons in Michigan include the Michigan Department of Corrections Prison Records and the Michigan Public Sex Offender Registry.

Third-Party Sites: These are search services that source information from various government agencies and provide them to users. They typically perform name-based and SID-based searches for users. To use these repositories, navigate to the specific search site on a web browser and then input the record owner's details, like the person's first and last name.

The Federal Bureau of Investigation (FBI): The subject of a record may submit a written request to the FBI's CJISD (Criminal Justice Information Services Division ) to obtain a nationwide search of arrest records. The fee is $18.

Free Arrest Record Search in Michigan

Most local (county) law enforcement agencies in Michigan provide online portals for searching criminal records at no cost. Individuals can search certain public arrests using these online databases supplied by law enforcement agencies for records for free. Furthermore, arrest searches done through Court Case Searches are also free of charge to the searcher. Requesters may also find arrest records by searching the Michigan Offender Tracking Information System or the MICourt Case Search.

How Long Do Arrests Stay on Your Record in Michigan?

Michigan arrest records may stay on a person's Michigan record until expunged. If the arrest did not lead to a conviction, the individual may apply for an expungement. However, if the person was convicted, they can either wait for automatic expungement or apply for an Automatic Expungement (Setting Aside Convictions) under Michigan's Clean Slate Law (MCL 780.621g(1)-(4). This law allows for the automatic expungement of certain eligible convictions after a stated period has elapsed. For instance, for a felony conviction, 10 years must have passed from the imposition of sentence or completion of imprisonment, whichever occurred last. For a misdemeanor conviction, 7 years must pass from the imposition of sentence.

Other factors influence the automatic expungement, including that the petitioner cannot have more than two felony convictions and four misdemeanor convictions set aside in their lifetime. After a record has been deleted, it may still be accessible to the public. However, courts are required to remove all information related to the conviction or convictions before making the case record available to the public in any form (MCR 8.119(H)(9)).

How to Seal Arrest Record in Michigan

Sealing an arrest record in Michigan means it will no longer be available for public access. Arrest records can be sealed or expunged by petitioning the specific court where the case was heard. The judge decides whether a record will be sealed if the petitioner is eligible for sealing or expungement under Michigan state statutes.

In Michigan, sealing and expunging criminal records are two different processes with different outcomes. While sealing a record guarantees that the general public cannot access the record, expungement is essentially the destruction of a document so that even law enforcement and courts have no account of it. Under Michigan Compiled Law (MCL) 712A.18e, selected offense records can be sealed. An adult conviction can be sealed under MCL 780.621, but expungement is only available to those who qualify.

The only entities that can view a sealed criminal record in Michigan are the Michigan courts and Michigan State Police. On housing, job, and public benefits applications, record holders who have had that record sealed can state that they have never been convicted or arrested. However, if they are convicted of another crime, previously sealed records can be used as a factor in sentencing processes.

Parties who wish to have a criminal record sealed but not expunged must petition a judge or fill out an online application for sealing the record or a Set Aside Conviction Form. Law enforcement and courts will still keep this record, but the public will not have to access it. Although the public cannot see the conviction, it is not entirely removed from the party's record.

If an individual has been charged with a crime but is later dismissed before a trial (and not due to a plea agreement), they can also get the arrest record destroyed. According to the MCL 764.26a, once a dismissal occurs, the individual's ICHAT must be updated to remove the arrest record. Records, such as fingerprints and other biometric data, must also be destroyed.