Michigan Criminal Records

A Michigan criminal record is an official document that provides details of an individual's encounters with the state's criminal justice system. These records typically include documentation of arrests, warrants, convictions, sentencing information, and incarceration history, as well as information on court proceedings, probation details, and other related matters. Crime indexes in Michigan vary from one region to another, with major cities (like Detroit) typically experiencing higher crime rates than others. Nonetheless, recent surveys indicate that the state has an overall crime rate of 19.98 per 1,000 residents, with a violent crime rate of 4.61 per 1,000.

The Michigan State Police, through its Criminal Justice Information Center (CJIC), serves as the primary repository for the state's criminal records. However, in addition to the CJIC, local police departments and sheriff's offices, as well as the state's trial courts and Department of Corrections, also maintain copies of records that contribute to an individual's overall criminal history.

Are Criminal Records Public in Michigan?

In Michigan, criminal records are generally considered public records and may be accessed by interested parties under the state's Freedom of Information Act (FOIA). However, there are certain limitations on what is accessible. For instance, juvenile criminal records and convictions that have been set aside (expunged) are not open to the public. Similarly, records that could jeopardize active investigations, disclose the identity of confidential informants, undercover law enforcement officers, or sexual abuse victims are also typically restricted.

How To Look Up Criminal Records in Michigan?

The Michigan State Police's Criminal Justice Information Center (CJIC) is the state's central repository for criminal history records and provides interested parties with access to this information via two methods:

• Name-Based Background Checks: These checks may be performed via the CJIC's Internet Criminal History Access Tool (ICHAT). This method is open to the general public, and interested parties may either register an account on the platform or log in as guest users. The ICHAT platform typically provides access to all felonies and serious misdemeanors that are punishable by over 93 days; however, tribal records, traffic records, juvenile records, and local misdemeanors are not included. There is a $10 fee per search, and results are available to view and print online once the payment is approved.

• Fingerprint-Based Background Checks: This option is typically only available to the subject of the record and may only be performed in situations where a fingerprint-based search is required by law, such as licensing or employment with certain agencies or for immigration purposes. The process for fingerprint-based checks typically depends on the reason for the request:

  • For employment/licensing-related requests, you will need to obtain an RI-030 Live Scan Fingerprint Background Check Request Form from the entity requesting the background check and submit your fingerprints to the MSP through an approved Live Scan vendor. There is a $30 processing search fee (additional service fees may apply). Requests are usually processed within seven business days, and the result will be sent to the employer or licensing agency indicated on the request form.

  • For visa, immigration, adoption-related requests, and personal records checks, you will typically need to go to your local law enforcement agency and ask to get your fingerprints taken. The fingerprints, a cover letter explaining the reason for the fingerprint-based check, and a $30 processing fee (in the form of a money order or check made payable to the State of Michigan) should then be submitted to:

    Michigan State Police

    CJIC

    P.O. Box 30266

    Lansing, MI 48909-7766

    Requests are typically processed within 3 - 5 weeks and delivered via mail.

How To Search Michigan Arrest Records?

Michigan arrest records are primarily generated at the local level by police departments and sheriff's offices; however, the Michigan State Police also generate arrest records and is responsible for maintaining a database of most arrests documented across the state. A typical Michigan arrest record includes details like:

• The name, date of birth, and description of the person arrested
• The date, time, and location of the arrest
• The alleged offenses and circumstances surrounding the arrest
• Booking details and bail information (where applicable)

You can typically access Michigan arrest records in person at the police station or sheriff's office that handled the arrest. Several law enforcement agencies also offer online systems that may be used to search for records of arrests that occurred in their respective jurisdictions. In addition, the Michigan State Police provide online access to arrest records via its ICHAT tool.

How To Search Michigan Warrants?

Warrants in Michigan are legal orders issued by judges or district court magistrates that authorize law enforcement to take a specific action. The most common types of warrants issued in the state are:

• Arrest Warrants: authorizing the arrest of an individual suspected of committing a crime. These are issued on probable cause (facts or evidence that would lead a reasonable person to conclude that a crime has likely been committed and that the individual in question is connected to it).
• Search Warrants: authorizing law enforcement to search a specific location for evidence. These are also issued based on probable cause that evidence of a crime will be found at the location to be searched.
• Bench Warrants: These are issued when an individual fails to appear in court or comply with a court order.

Arrest and bench warrants in Michigan remain active until the individual is apprehended, appears in court, or the court that issued the warrant takes action to recall or quash the warrant. However, search warrants typically have to be executed within a reasonable timeframe (usually within 7 to 10 days of issuance - the specific timeframe is indicated on the warrant).

It should be noted that warrant information is not considered public in Michigan; however, search warrants usually become public 56 days after being issued unless a court order to suppress the warrant is obtained. Nonetheless, if you need specific warrant information, you may contact the relevant court or law enforcement agency directly for more information.

Can I Obtain a Michigan Criminal History Record of Another Person?

You may access and obtain copies of another person's public criminal history record information in Michigan by performing a name-based background check via the state's ICHAT tool. You will need to provide the person's full name and date of birth and pay a $10 fee per search. Be aware that suppressed (sealed), tribal, juvenile, and traffic records, as well as records of local misdemeanors and out-of-state convictions, are not available via this platform.

You may also access unofficial copies of a person's criminal records in Michigan (at no cost) online via the MiCourt Case Search platform. However, record availability may be limited compared to the ICHAT tool.

How To Expunge or Seal Michigan Criminal Records

In Michigan, convictions may be "set aside" (expunged), thereby making the record non-public, meaning that they may no longer be accessed by the general public. However, it should be noted that an expungement in Michigan is similar to the sealing process in other states in that the record is not entirely erased and may still be accessed by certain authorized parties, including law enforcement agencies, prosecutor's offices, courts, and the state's Department of Corrections.

To qualify for an expungement, you will need to meet certain criteria, such as:

• The record(s) in question must be eligible for the process. Under state law, certain offenses cannot be expunged in Michigan. These include all offenses punishable by life imprisonment, human trafficking-related offenses, criminal sexual conduct, DWIs, and second-degree child abuse.
• You must have completed the imposed sentence and stipulated waiting period.
• You must not have any pending criminal charges or have been convicted of any other offenses during the waiting period.

Expungements may be automatic or done via application. Automatic expungements do not require any action on the subject of the record and are done for offenses that meet specific criteria, namely:

• Misdemeanors punishable by less than 92 days of imprisonment - these are expunged after seven years and may be done for an unlimited number of eligible offenses.
• Misdemeanors punishable by at least 93 days of imprisonment - these are expunged after seven years and may be done for only four eligible offenses.
• Felonies - these are expunged after 10 years and may only be done for two eligible offenses.

For offenses that do not meet the criteria for automatic expungement, you may apply for an expungement by taking the following steps:

• Determine your eligibility for the process.
• Complete an Application to Set Aside Conviction(s). You will also need to obtain a certified copy of your criminal history record from the Michigan State Police (MSP) and an official set of your fingerprints from your local law enforcement agency.
• Submit these documents to the MSP, the relevant court(s), the prosecuting agency, and the state's Attorney General (for certain misdemeanor offenses, you may only need to submit the documents to the convicting court and the prosecuting agency).
• Once these agencies respond, a court hearing will be scheduled, where the request will be reviewed and either granted or denied. If the expungement request is granted, obtain a copy of the order and confirm that the court clerk will be sending copies to all relevant parties.

The Michigan Attorney General's office maintains an expungement assistance webpage that you may use to get additional information on the state's expungement process.

What Are the Limitations to Use of Criminal Records for Employment, Licensing, and Housing in Michigan?

The use of criminal records for employment, licensing, and housing-related decisions in Michigan is subject to several federal and state regulations. These include the Fair Chance Act, which prohibits federal agencies and contractors from inquiring about an applicant's criminal history until after a conditional job offer is made. Guidance from the Equal Employment Opportunity Commission (EEOC) and the Department of Housing and Urban Development (HUD) also restrict employers and landlords from making blanket policies denying applicants with criminal records. Instead, they (employers and landlords) are advised to consider the nature of the offense, the time elapsed since the offense, and its relevance to the job before making decisions based on criminal history.

It should be noted that Michigan law allows employers to ask applicants about felony arrests as well as felony and misdemeanor convictions; however, they cannot ask about misdemeanor arrests that did not result in a conviction. Likewise, while licensing boards are required to consider whether a criminal conviction is directly related to the profession, certain professions (such as healthcare and education) typically have stricter background check requirements to ensure public safety.

Can I Access Michigan Criminal Records for Free Online?

While several private websites and third-party services are offering online access to Michigan criminal records (whether free or paid), these sources might not always provide the most current or accurate information. To get reliable information, it is recommended that you utilize official resources, like the state's ICHAT and MiCourt Case Search tools, or reputed platforms that aggregate data from official and private databases, like MichiganPublicRecords.us.