Michigan Public Record Law

The public record law in Michigan is called the Freedom of Information Act (FOIA). It was enacted in 1976 and codified as Act 442 of 1978 in the state's Compiled Laws (MCL). The Michigan Freedom of Information Act provides the general public the right to access certain public records of government agencies at all levels. This means individuals have a right to inspect and request copies of public records of public bodies in the state. In addition, the FOIA prescribes the duties and powers of certain public bodies and public officers regarding public records.

Birth Records
Court Records
Criminal Records
Death Records
Divorce Records
Inmate Records
Marriage Records
Traffic Violation Records

Where Do I Submit a Public Record Request in Michigan?

In Michigan, you can submit a public record request to any government agency (state or local) through the agency's FOIA coordinator or custodian, who is tasked with handling public record requests. Each public body's FOIA coordinator may be contacted by looking up the agency's agency's information on their websites. For instance, the state's Department of Labour and Economic Opportunity (LEO) maintains a list of FOIA coordinators for each division within the department.

How Do I Request Public Records in Michigan?

In most cases, a public agency in Michigan has multiple ways by which interested persons may request copies of the public records under their purview. Nonetheless, anyone may request copies of public records in the state by taking the following actions:

  • Find the public body maintaining the sought records.
  • Prepare the request and ensure to provide specific information to help the FOIA coordinator find the requested records more quickly.
  • Depending on your options, submit the public records request to the agency's FOIA coordinator in person, by mail, email, or fax. You do not necessarily need to provide an ID but prepare to pay the applicable copy fees.

Furthermore, some public bodies in Michigan now have public record portals on which members of the public can request records. These portals are usually easy-to-complete, short web forms. In addition, you may be able to find certain Michigan public records on independent record sites. Any person requesting a public record in the state is not required to state the reason for making the request.

What Records are Public in Michigan?

The following public records and information are commonly featured in public records requests made to government agencies in Michigan:

  • Property Records - These include property tax records, mortgages, deeds, property boundaries, property descriptions, leases, maps, titles, and land use permits.
  • Government Financial Records - These records include financial statements, financial reports (these contain revenue and spending reports), contracts, and budgets of all agencies at the state and local levels.
  • Court Records - These records are gathered during case proceedings within the state's court system and are maintained by the Circuit Courts, District Court, Probate Court, and the Court of Claims. They include probate records, civil case filings, and records of criminal cases.
  • Law Enforcement Records - Public law enforcement records in Michigan include arrest records, Sex offender registry, jail roster, and incident reports.

Who Can Request Public Records in Michigan?

In Michigan, any individual may inspect or request copies of most public records, provided the person is not an incarcerated felon. Any request by someone who qualifies as indigent must include the person's name and contact information. Similarly, a public record request submitted by an entity in Michigan must contain the complete name, contact information, and address of the entity's agent who is an individual. The contact information must include an email address and a phone number.

What Is the Response Time for Public Records Requests in Michigan?

Per Section 15.235 of the Michigan Compiled Laws, a government agency is expected to respond to a public record request within 5 working days of receiving the request. The agency's response can take any of the following forms:

  • Grant the public record request
  • Grant the request and issue a written notice denying the other part
  • Deny the request and issue the requester a written note
  • Issue a formal notice extending for a maximum of 10 working days burning which the agency must respond

What Is the Fee Charged for Providing Copies of Public Records?

As stipulated in Section 15.234 of the Michigan Compiled Laws, public agencies may charge requesters the actual labor costs associated with searching, locating, and examining public records. Paper copies of requested public records may be charged at a fee not exceeding $0.10 per sheet for copies made on 8-½- by 14-inch-paper or 8-½ - by 11-inch-paper. Records furnished on non-paper physical media may be charged at the exact and most reasonable cost.

What Records Are Exempted Under the Michigan Public Law?

The Michigan Compiled Laws, Section 15.243, lists records that are exempted from public disclosure under the state's FOIA. They include the following:

  • Counseling, medical, or psychological facts that may reveal an individual's identity
  • Records exempted under another law
  • Investigating records gathered for law enforcement purposes
  • Any information identifying an informant
  • Any personal information whose disclosure would lead to unwarranted privacy invasion