Michigan Criminal Records

Interactions with Michigan's law enforcement and courts that lead to convictions result in the creation of Michigan criminal records. These records contain details about the individual's arrest, detention, court proceedings, conviction, sentencing, parole, and probation.

Michigan criminal records can help direct law enforcement investigations, inform judicial and prosecutorial decisions, and keep victims in the loop about offenders. Employers can determine a potential employee's suitability for a sensitive position, such as childcare. Landlords and financial institutions can use criminal records to evaluate the risks of renting or loaning to an individual.

Moreover, criminal records provide statistical data that establish crime trends and patterns. Researchers and policymakers can use this data to formulate effective crime-prevention strategies and criminal justice reforms.

Courts in Michigan and the Michigan State Police are the state's primary custodians of criminal records. Members of the public can request these records through either institution. They can also contact local law enforcement agencies to obtain arrest records.

Are Criminal Records Public in Michigan?

Yes. Criminal records generated in Michigan are presumed to be accessible to members of the public except for information explicitly restricted by law. The Michigan Freedom of Information Act establishes that the state's policy is that residents, except incarcerated individuals, have the right to access information possessed by government officials, including law enforcement.

While the state's judiciary is not subject to the FOIA, it also operates on the principle of transparency and openness, allowing public access to almost every court record. Mich. Ct. R. 8.119 describes what court records entail, the types of documents that are open to the public, and how to access them.

Exemptions are clearly enumerated in Mich. Ct. R. 8.119 and MCL § 15.243. These exemptions help to protect law enforcement interests, victims, and sensitive information that may cause harm.

Information that is typically restricted from public access includes:

• Sealed court records;
• Set aside convictions (expunged records);
• Juvenile records;
• Sensitive personal and financial information;
• Records of ongoing law enforcement investigations;
• Victim and witness information;
• Every other record restricted by federal and state law and court rule.

Michigan Crime Records by County

Local, county, and state entities in Michigan coordinate to categorize and maintain crime data and records from county to state level. Each county sheriff's office, police department or, law enforcement agency, and court maintains its own records. These records are typically reported to the Michigan State Police (MSP) for inclusion in state-wide databases per MCL § 28.251.

The Michigan State Police, through its Criminal Justice Information Center (CJIC), plays a central role in collecting, analyzing, and disseminating the state's crime data. Individuals can find two main data categories on the MSP's statistics website. They include:

• The Uniform Crime Reporting (UCR) summary-based data: Covers summaries of only serious offenses, such as larceny, motor vehicle theft, burglary, forcible rape, aggravated assault, robbery, arson, and murder. The last such report was released in 2006.
• The Michigan Incident Crime Reporting (MICR) incident-based data: Provides a comprehensive overview of crime trends and rates at both the state and county levels. Michigan now exclusively releases incident-based data.

Members of the public can obtain state-wide annual reports through the MICR Annual Reports page. They can also go through the county sheriff's office and city police department websites to view annual reports.

Michigan Criminal Record Check

Interested members of the public may perform a Michigan criminal record check using any of the following resources:

• The Michigan State Police: The MSP provides various online and offline resources that members of the public, including individuals, employers, and other entities, can use to check a person's criminal history using their name or fingerprint.
• The Michigan Department of Corrections: Individuals can go through the Michigan DOC to find details about present and former inmates in the department's custody.
• Courts: Most criminal proceedings are accessible to the public, and individuals can request court records through the clerk's office where the case was handled. The Michigan judiciary also provides case record search resources for state residents.
• Local Police Departments: While people cannot obtain comprehensive criminal records through local police departments, they can gain access to pertinent arrest and detention records.

Find Criminal Records Online in Michigan

Individuals, employers, and former convicts who want to check their criminal records have different online options:

• Internet Criminal History Access Tool (ICHAT): ICHAT is a name-based search database provided by the Michigan State Police. It contains information about convicted individuals and people facing criminal prosecution. Searchers must pay a fee to view search results.
• Offender Tracking Information System (OTIS): OTIS is an online tool that contains records about probationers, parolees, and prisoners currently under the jurisdiction of the Michigan Department of Corrections. It also includes information on ex-inmates discharged over the past three years. It does not cover county jail inmates, people who haven't been sentenced, and individuals who have been discharged for more than 3 years.
• Case Search: The Michigan judiciary provides a unified online court records database where individuals can search criminal case records from different courts. Searchers can only see criminal records where conviction sentences occurred in the past 7 years.
• County Inmate Search: Most county sheriff's offices provide online tools to find inmates held in county jails. These tools do not provide the inmate's complete criminal background but display pertinent information about their incarceration, such as charges and sentences.

Free Criminal Record Search in Michigan

Obtaining complete criminal histories in Michigan is not free. People searching for an individual's criminal background by name must go through ICHAT and pay $10 per search. Others who want to perform fingerprint searches must use one of the state's approved Live Scan vendors and pay the fees involved.

However, individuals can find uncertified criminal information for free when they use OTIS, the Michigan judiciary's Case Search tool, and some online resources provided at the county level. Searchers must note that these free tools do not offer complete criminal background information.

What Does it Mean if You Have a Criminal Record in Michigan?

Having a criminal record in Michigan means an individual has been convicted of a crime. Details of the crime are attached to the person's record until they are expunged.

Michigan criminal records have adverse societal and personal effects on the individual. They may be denied employment, housing, loans, and visas. Some civil rights, such as the right to bear firearms after a specific period, may also be restricted.

Does Your Criminal Record Clear After 7 Years in Michigan?

Michigan's Clean Slate law allows the MSP to expunge some criminal records automatically under specific circumstances. Records that are automatically set aside after 7 years include:

• Misdemeanors punishable with less than 93 days prison sentences - No limit to the number of offenses that can be expunged for one individual;
• Misdemeanors punishable with 93 days or more prison sentences - Up to 4 offenses can be cleared per individual.

Up to 2 felonies per individual can be automatically cleared after 10 years.

While other crimes do not qualify for automatic expungement, individuals can apply to have their records expunged if they believe they qualify under the Clean Slate Act.

The MSP destroys records of cases that do not result in criminal charges. The agency also expunged charges that end in acquittal, except for people with prior convictions and those charged with crimes against children and sex offenses.

Arrest Record Vs Criminal Record

Arrest records are an official account of an individual's apprehension by law enforcement, while criminal records detail the subject's conviction history.

Not every arrest leads to charges or convictions in Michigan, so they may not have legal consequences for the individual since they are legally innocent.

However, an individual's arrest details, court proceedings information, and other records about parole and probation are part of their criminal records. These records can impact employment, housing, and loans since they reflect actual convictions.

Expungement laws in Michigan allow some individuals to clear certain offenses from their records, providing a chance for a fresh start.

Michigan Police Records

Michigan police records refer to information surrounding arrests, investigations, citations, and other documentation generated during official police business. These records are typically available in different police departments and county sheriff's offices across the state. Members of the public can request to view or obtain them through the appropriate agency.