Michigan Arrest Records
Michigan Arrest Records are official documents that contain information about individuals arrested and taken into custody by law enforcement agencies like the Michigan State Police (MSP) in the state. Though arrest records and criminal records are comparable, they are not identical.
The arrest record contains information that may be useful in a criminal trial. Still, not all arrests result in a criminal conviction, and an accused individual may be released even after being booked and interrogated. In such cases, the state may permit the removal of the arrest record.
Arrest records in Michigan typically include information about an individual's arrest, booking, and subsequent court proceedings. The specific details on these records can vary depending on the agency responsible for maintaining the document, the nature of the arrest, and the charges filed.
However, some of the common types of information that these records may include are as follows:
- Personal information such as the name, date of birth, age, gender, and race of the arrested individual
- Arrest details such as the date, time, location, and the agency that made the arrest
- A description of the criminal charges filed against the individual and any accompanying offenses
- Booking information like the date, time, and any other information collected during the booking process, such as fingerprints or a mugshot
- Information about any court appearances, including the date, time, location of the proceedings, and the outcome of the case
- Details about any sentence or penalties imposed as a result of the arrest, including fines, probation, or incarceration
The Michigan Freedom of Information Act (FOIA) gives you access to arrest records in the state. By requesting the authorized record custodians, you can view these records. However, if the documents include sensitive or confidential information, the holding agency may limit access to all or a portion of them.
What Laws Govern Arrests in Michigan?
The laws governing arrests in Michigan protect the rights of individuals and ensure that the police and other law enforcement officials conduct arrests fairly and lawfully.
The Michigan Rules of Criminal Procedure primarily govern the procedures that police and prosecutors must follow during a criminal case, including the rules for making an arrest, conducting a search, and questioning a suspect.
Under the Michigan Constitution, no one may be deprived of life, property, or liberty without due process. It means that the police must have a valid reason to arrest someone and execute the arrest in a manner that does not violate the person's constitutional rights.
Similarly, in Michigan Penal Code, the police must inform the arrested person of their rights, including the right to keep silent and the right to an attorney.
In addition to state laws, federal laws also govern arrests in Michigan. For example, the Fourth Amendment protects people from unreasonable searches and seizures. It means the police must have a warrant or probable cause to arrest someone, except in certain emergencies.
In Michigan, an arrest without a warrant is possible in certain circumstances. Michigan law provides that a peace officer may execute warrantless arrest if the officer has reasonable cause to think that the person has committed a felony or misdemeanor in the officer's presence or view.
Even without witnessing the crime, an officer may also arrest without a warrant if they have probable cause of a felony.
You can find all the state laws that govern arrest in the Michigan Compiled Laws (MCL). It is the official compilation of all the statutes, rules, and regulations passed by the Michigan Legislature. It is organized into chapters, and each chapter has sections containing the particular language of the law.
What Is the Arrest Booking Process in Michigan?
During the booking process in Michigan, there are several things that a person can expect to happen. Here are some of the most common steps that occur during the state booking process:
Law enforcement officials will take the individual into custody.
Then, law enforcement officials will transport the person to a law enforcement facility, which could be a police station, a county jail, or a state prison.
After that, law enforcement officials will ask the person to provide identification, such as a driver's license or state ID.
Law enforcement officials will generally search the person's personal property and confiscate the arrestee's illegal or dangerous possessions, such as a belt.
Law enforcement officials will then take the person's photograph, commonly known as a mugshot.
Fingerprinting and Personal Information
Aside from the mugshot, law enforcement officials will also get the person's fingerprints and personal information, such as their name, address, and date of birth, to create a Michigan Arrest Record.
The individual may have a medical check to determine that they are healthy enough to be in custody. This examination may include a blood test or X-rays.
Finally, law enforcement officials will place the arrestee in a holding cell or cell block until release or court dates.
Following the arrest, the prosecuting district attorney can continue with the case or drop the charges. If they dismiss the charges, the case is concluded. If the prosecutor decides to pursue charges, the arrestee must appear for the scheduled arraignment, often within 72 hours after the arrest.
During the arraignment, they will enter a plea of guilty, not guilty, or no contest. The court will immediately punish them if they enter a guilty or no-contest plea. If they plead not guilty, the judge will set a trial date. The court will establish bail, refuse to issue bail, or release them on their detainer at the arraignment.
What Are Michigan Mugshot Records?
Mugshot records are part of the Michigan Arrest Records. A mugshot generally depicts an individual's front and side profile as part of a police booking record. They are a visual record of the person's physical appearance during their arrest.
In Michigan, mugshots are publicly available, and you can view or obtain them from local and state law enforcement agencies. But it is important to note that the arrested individuals are still innocent until proven guilty, and releasing their mugshots does not imply guilt.
For most mugshots having convictions, you can view them online through the Offender Tracking Information System of the Michigan Department of Corrections (MDOC) and the Sex Offender Registry of the MSP.
You can also obtain a mugshot record in person by visiting the local law enforcement agency.
How Long Does an Arrest Record Stay in Michigan?
The statutes of Michigan do not specify a retention time for arrest records. The state law enforcement agencies typically maintain Michigan Arrest Records indefinitely, regardless of whether the individual was charged or convicted of a crime.
It implies that someone's arrest record will likely stay on file with the agency that apprehended the individual.
However, Michigan allows specific individuals to have their arrest record expunged, which means the record is removed from public view and only accessible to law enforcement agencies for criminal justice purposes.
How To Expunge an Arrest Record in Michigan?
An expungement in Michigan is another term for setting aside a conviction or removing the arrest or criminal record from public view.
In Michigan, a person who wishes to expunge an arrest or criminal record must first determine their eligibility. If you have Michigan Arrest Records, but the court dismissed the charges, or you are not guilty of a crime, you are eligible for automatic expungement under the MCL 764.26a.
However, if convicted of a crime, you must wait for a certain period before petitioning for state expungement.
Generally, if you have convictions of one or more severe misdemeanors or one felony conviction, you must wait five years but seven years if you have more than one felony conviction. You only need to wait three years if your arrest records resulted in one or more less-severe misdemeanor convictions.
Note that these waiting periods will start only after the date of conviction or sentencing, the probation, or release from parole or prison.
Also, not all convictions are eligible for Michigan expungement. If you have any of the following convictions below, you can't apply to expunge your arrest records in the state:
- Second-degree child abuse
- Child sexually abusive material or activity offenses
- Criminal sexual conduct offenses
- Computer-facilitated sex crime violations
- Assault with the intent to commit a sexual offense
- Felony domestic violence with a previous misdemeanor conviction
- Terrorism-related convictions
- All crimes punishable by life imprisonment
- Some traffic offenses, such as convictions for commercial driver's license violations and any traffic offenses that cause injury or death
- Human trafficking convictions
- Any conviction that is ineligible for expungement under the new MCL 780.621c
Expungement Procedure in Michigan
If eligible, you must file a petition with the court where the arrest occurred. You can also apply through the Michigan Department of Attorney General.
The petition must generally include information about the conviction, the reasons for seeking expungement, and any evidence of rehabilitation.
After you file your petition, you must attend a hearing where a judge will review your case and determine whether to grant your petition for expungement.
The court will send you a notice of its decision after the hearing. If your petition is granted, your arrest record will be expunged.
The expungement process in Michigan can take up to eight months.
How To Search Michigan Arrest Records?
Several Michigan law enforcement agencies maintain arrest and other criminal records. You can access these records online through the websites of these government bodies. But MSP's Internet Criminal History Access Tool (ICHAT) is the primary criminal history check tool where you can search for Michigan Arrest Records.
To use this system, you must first register or log in to the site. You can complete the registration by providing the essential information, such as your name, email address, phone number, and user ID. Moreover, there is a required field for security questions before clicking the submit button.
Once you click the submit button, you will get a confirmation email containing a link to activate the account. After activation, you can use the newly generated ID and password to log in to the system.
Check out this tutorial page to learn more about ICHAT.
If you have additional questions, contact the ICHAT Help or Support Desk at 517 241-0606 or send them a query form using the ICHAT contact page.
Counties in Michigan
- Grand Traverse
- Presque Isle
- Saint Clair
- Saint Joseph
- Van Buren
Jails and Prisons in Michigan
List of Content
- What Laws Govern Arrests in Michigan?
- What Is the Arrest Booking Process in Michigan?
- What Are Michigan Mugshot Records?
- How Long Does an Arrest Record Stay in Michigan?
- How To Expunge an Arrest Record in Michigan?
- How To Search Michigan Arrest Records?