Michigan Criminal Records
Michigan Criminal Records, also known as rap sheets, contain information about an individual's criminal history within the state. Some of the information that you can find in these records include:
- Personal information about the individual, such as their name, any aliases, date of birth, gender, and race
- Physical description, such as height and weight
- Identifying personal data like fingerprints and mugshots
- Any criminal charges and convictions that the individual has received, including the date of the offense, the charges filed, and the disposition of the case (e.g., convicted, acquitted, or dismissed)
- Information about an individual's arrests and bookings, including the arresting agency and the arrest date
- Information about any court proceedings related to the individual's criminal history, such as sentencing and probation details
- Any active warrants or judicial orders
State agencies, including the Michigan State Police (MSP) and the Michigan Department of Corrections (MDOC), often maintain these records. These records are publicly available under the Michigan Freedom of Information Act (FOIA).
However, there are restrictions on certain sensitive information, such as those juvenile criminal records and information related to ongoing criminal investigations.
People may request these records for various reasons, including employment background checks, housing screenings, personal safety, legal proceedings, and self-checks. But note that criminal records are usually only available to authorized parties and should only be used for lawful purposes.
What Are the Types of Crimes in Michigan?
Michigan criminal law recognizes various types of crimes, but these crimes are categorized based on the severity of the offense.
Here are the main types of crimes in Michigan based on the offense severity:
Felony
Felonies are severe crimes that cause or have the potential to cause substantial harm to another person, group, or piece of property. They range from writing a bad check for more than $500 to first-degree murder, which can get you more than a year in prison.
Michigan separates felonies into eight classes depending on their severity, with each type having a maximum prison sentence specified.
Class A Felonies
Class A felonies are the worst crimes in Michigan and could lead to life in prison. You will get this punishment once convicted of any of the following crimes below:
- Murder in the first and second degree
- Kidnapping
- Rape in the first degree
- Assault with a deadly weapon with intent to rob or steal
Class B Felonies
If you are guilty of any of the following Class B felonies below, you have to serve up to 20 years in prison:
- Second-degree arson
- Second-degree child abuse
- Child pornography
Class C Felonies
Human trafficking that results in injury, manslaughter, robbery, and second-degree sexual assault are all examples of Class C felonies with a maximum sentence of 15 years in prison.
Class D Felonies
If someone has a Class D felony on their Michigan Criminal Records, they must serve ten years in prison. Some examples under this class are as follows:
- Embezzlement with a property value of $20,000
- Larceny with a property value of $20,000 or more
- Possession of methamphetamine
- Assault with intent to do great bodily harm
Class E Felonies
The maximum sentence for this class of felonies is five years in prison. Some of the prevalent Class E felonies in Michigan are as follows:
- Forgery
- Embezzlement of more than $1,000
- Over $1,000 in shoplifting
- Carrying a firearm or dangerous weapon with unlawful intent
- Third-degree home invasion
- Third-offense DUIs
Class F Felonies
Possession of less than 5 kg of marijuana, refusing child support, and failing to register as a sex offender are all Class F felonies that could lead to up to 4 years in prison.
Class G Felonies
If someone has a Class G felony record in Michigan, they have to serve up to two years in prison. Some examples of these felonies include but are not limited to the following:
- Third-degree child abuse
- Lobbyists giving gifts
- Domestic assault
- Writing a bad check of $500 or more
Class H Felonies
Class H felonies are offenses for which the offender may face prison time or other punishments such as probation, rehabilitation, or electronic monitoring. The Michigan Sentencing Guidelines regulate the sentences for certain offenses.
Some instances of these crimes are as follows:
- Having or using a credit card without the owner's permission
- Committing a felony using a stolen state ID
- Driving with a suspended license
- Over $500 in welfare fraud
Misdemeanor
In Michigan, misdemeanors are generally less severe offenses than felonies. There are three classes of misdemeanors in the state. Prosecutors determine the degree of charges depending on the crime, the offender's purpose, whether the crime was violent, the value of stolen or damaged property, and the offender's criminal history.
Here are the three classes of misdemeanors in Michigan:
High Court Misdemeanors
The most severe misdemeanor is a high court misdemeanor, which includes charges such as negligent homicide and indecent exposure. They are prosecuted similarly to felony offenses, although the punishments are less severe. A person charged with a high court misdemeanor faces up to two years in state prison and a $2,000 fine.
One-Year Misdemeanors
If you have a one-year misdemeanor conviction, you must pay a fine of up to $1,000 and serve a year in county jail. Some examples of one-year misdemeanors are as follows:
- Larceny with a property value ranges from $200 to $1,000
- Second-degree retail fraud (shoplifting)
- Second-offense drunk driving
- Weapon discharge without intent to harm
93-Day Misdemeanors
The state's least severe misdemeanors are 93-day, with fines of up to $500, and 93 days in a local jail.
An arrest for disturbing the peace, embezzlement of property or money valued at less than $200, assault and battery, or first-offense drunk driving, for example, may result in a 93-day misdemeanor charge.
Infraction
Infractions are local ordinance violations that may not often result in a Michigan Criminal Record. These charges generally result in a fine, points on your license, and a probable rise in insurance costs rather than jail time. Some examples of infractions in Michigan are speeding and jaywalking.
How Does Probation Work in Michigan?
Probation in Michigan is a form of community supervision granted by a judge as an alternative to serving time in jail or prison.
When judges decide whether to grant probation and what terms to set, they consider various factors. Generally, here are some of the factors that a judge might consider when deciding on probation and the terms of probation:
- The nature of the offense: The court will evaluate the offense's type, severity, and any aggravating or mitigating considerations. The judge may also consider whether the offense was a first-time offense or part of a pattern of criminal behavior.
- The defendant's criminal history: The court may examine their criminal record to see whether they have committed crimes and fulfilled probation.
- The defendant's circumstances: The judge may consider the defendant's age, education, employment history, family background, and other factors relevant to their ability to comply with the terms of probation.
- The risk of re-offending: The judge may consider the likelihood that the defendant will re-offend if they are not on probation, as well as the likelihood that they will comply with the terms of probation and make positive changes in their behavior.
- Community safety: The judge will consider whether probation is appropriate in light of the need to protect the community and maintain public safety.
When someone is on probation in Michigan, they must follow specific rules and conditions that the court sets. The purpose of probation is to provide a structured and supportive environment that helps individuals to make positive changes in their behavior and avoid re-offending.
Probation Mandatory Conditions in Michigan
In Michigan, certain mandatory conditions must be in every probation order, as outlined in Michigan Compiled Laws (MCL) 771.3(1). These required conditions apply to all individuals placed on probation in Michigan, regardless of the nature of the offense or the individual's circumstances.
Probationers must follow the mandatory conditions of probation in Michigan below:
- Must not leave Michigan without court permission
- Must not violate any state, federal, or local law
- Must report to the officer monthly (in person, in writing, or electronically)
- Must pay restitution to the person or estate hurt by the actions that led to the conviction
- Must pay the state minimum cost
- Must pay crime victim assessments
- Circuit Court probationers must pay probation supervision fees
- Must register in the sex offenders registry if needed
Except as stated in MCL 771.2a and MCL 768.36, the maximum probation period for a misdemeanor crime is two years, while three years for a felony violation.
How Does Parole Work in Michigan?
A parole is a conditional release from prison that allows an individual to serve the remainder of their sentence outside a correctional facility.
The state Parole Board is the only parole authority for offenders under the MDOC jurisdiction.
To be eligible for parole in Michigan, an individual must have served the minimum portion of their sentence required by law.
Furthermore, the MDOC parole board considers a variety of factors when deciding whether to grant parole, including the nature of the crime, the individual's criminal history, their behavior while incarcerated, their plans for post-release supervision, the safety of the community, and parole guidelines score,
The parole guidelines are a numerical score system the Parole Board uses to apply objective decision-making factors. This tool intends to eliminate disparities in parole choices and promote the efficiency of parole decision-making. Administrative Rule 791.7716 specifies the criteria used to determine eligibility for parole.
If an individual is granted parole, they must comply with conditions and restrictions. These conditions typically include regular reporting to a parole officer, refraining from drug and alcohol use, attending counseling or treatment programs as required, and avoiding contact with victims and other individuals involved in the crime.
The parolee must comply with the supervision conditions for one to four years or risk being sent to prison for any time up to the maximum punishment.
How Does Expungement Work in Michigan?
Expungement in Michigan is setting aside a conviction that clears your public criminal record. It can be helpful for those who have Michigan Criminal Records that make it difficult to obtain employment, housing, or other opportunities.
Most convictions require a waiting time before you can apply for expungement in Michigan. The waiting period for your set aside conviction starts on the last date of the following:
- The date of conviction or sentencing
- The date of your release from parole
- The date your probation ended
- The date of your release from prison
After any of the above dates, the waiting periods to expunge your criminal record in Michigan are as follows:
- One or more severe misdemeanor convictions or one felony conviction: five years
- More than one felony conviction: seven years
- One or more less-severe misdemeanor convictions: three years
Note that not all convictions are eligible for Michigan expungement. If you have any of the following convictions below, you can't apply for state criminal record expungement:
- Second-degree child abuse
- Child sexually abusive material or activity offenses
- Terrorism-related convictions
- Criminal sexual conduct offenses (second to fourth degrees)
- Assault with the intent to commit a sexual offense
- Computer-facilitated sex crime violations
- Felony domestic violence with a previous misdemeanor conviction
- Some traffic offenses, such as convictions for commercial driver's license violations and any traffic offenses that cause injury or death
- All crimes punishable by life imprisonment
- Convictions involving human trafficking
- Any conviction that is ineligible for expungement under the new MCL 780.621c
If you fulfill all qualifying requirements, you may submit a petition for expungement to the court in the county where the conviction occurred. You can also apply through the Michigan Department of Attorney General.
In Michigan, the expungement procedure typically takes up to eight months.
How To Obtain a Criminal Record in Michigan?
There are several ways to obtain Michigan Criminal Records, but the most efficient method is through the online system of the MSP.
You can obtain data from a Michigan Criminal Record by conducting name-based criminal history checks through the state's Internet Criminal History Access Tool (ICHAT).
In this tool, you must first create an account and pay the applicable fee. Once payment is approved, you can immediately look at and print ICHAT search results online. The results are available that day and for the next seven days.
To learn more about ICHAT, you can check this tutorial page.
If interested and you meet the eligibility requirements, you can submit a fee waiver request in writing or the Affidavit of Indigency to the Records Resource Section of the MSP to get a criminal record check for free.
What Are the Criminal Background Check Laws in Michigan?
In Michigan, criminal background checks are regulated by state and federal laws. Here's a brief overview of the primary criminal background check laws in Michigan:
Fair Credit Reporting Act (FCRA)
Under the federal FCRA, employers must obtain written consent from job applicants before conducting a criminal background check. Before taking discriminatory practices based on the findings of a background check, employers must give candidates a copy of the background check report and a statement of their rights under the FCRA.
Executive Directive 2018-4 (Ban-the-Box Law)
In 2018, Michigan passed a "Ban the Box" law prohibiting employers from asking about applicant's criminal histories on job applications. Employers may still conduct criminal background checks after a conditional job offer.
MCL Section 37.2205A
This law requires Michigan companies to only ask about misdemeanor convictions and felony arrests during pre-employment background checks.
If you have any specific questions about criminal background check laws in Michigan, it's best to consult with an attorney or other legal practitioner.
Counties in Michigan
- Alcona
- Alger
- Allegan
- Alpena
- Antrim
- Arenac
- Baraga
- Barry
- Bay
- Benzie
- Berrien
- Branch
- Calhoun
- Cass
- Charlevoix
- Cheboygan
- Chippewa
- Clare
- Clinton
- Crawford
- Delta
- Dickinson
- Eaton
- Emmet
- Genesee
- Gladwin
- Gogebic
- Grand Traverse
- Gratiot
- Hillsdale
- Houghton
- Huron
- Ingham
- Ionia
- Iosco
- Iron
- Isabella
- Jackson
- Kalamazoo
- Kalkaska
- Kent
- Keweenaw
- Lake
- Lapeer
- Leelanau
- Lenawee
- Livingston
- Luce
- Mackinac
- Macomb
- Manistee
- Marquette
- Mason
- Mecosta
- Menominee
- Midland
- Missaukee
- Monroe
- Montcalm
- Montmorency
- Muskegon
- Newaygo
- Oakland
- Oceana
- Ogemaw
- Ontonagon
- Osceola
- Oscoda
- Otsego
- Ottawa
- Presque Isle
- Roscommon
- Saginaw
- Saint Clair
- Saint Joseph
- Sanilac
- Schoolcraft
- Shiawassee
- Tuscola
- Van Buren
- Washtenaw
- Wayne
- Wexford