Michigan Criminal Court Records

Michigan criminal court records are official documents containing information gathered during the prosecution of criminal charges. These records offer valuable insights into the criminal justice system's operations and can illustrate how laws are applied and the consequences of various crimes.

The Michigan Judiciary, specifically the trial courts, is responsible for maintaining criminal court records. The dissemination and management of these case files adhere to the Michigan Trial Court Records Management Standards, which provide a comprehensive framework for their handling.

Are Criminal Court Records Public in Michigan?

Yes. In Michigan, court records are generally accessible to the public, as stipulated by Michigan Court Rules, specifically Rule 8.119.

However, certain exemptions exist to safeguard individual privacy and sensitive content. For example, juvenile criminal records are confidential under MCL 28.242a. Additionally, MCR 1.2(a) protects personal identifying information such as social security numbers, financial reports, passport numbers, and driver's license numbers. Sealed and expunged records are also excluded from public access.

What Criminal Court Records Contain in Michigan

Criminal court records in Michigan include curated and retrieved information. However, they typically do not contain any information that is not public by law. Some of the information commonly found in a Michigan court record includes

Details of the case

• Case identification
• Court location
• Pin
• Case entitlement
• Judge of record
• Date filed
• Case status
• Closed date
• Charge(s)
• Bonds
• Hearing (type, date, officer)
• Sentencing
• Orders and judgments

Details of parties

• Name of the party
• Type of party
• Party number
• Age
• The name of the attorney
• Action of the party (category, action, date action was taken)

Michigan Criminal Court Records Search

As part of its duty to ensure transparency, the Michigan judiciary provides several avenues through which interested individuals can access court records. These include online databases, in-person courthouse visits, and written requests. Regardless of the method chosen, individuals can retrieve criminal court records by providing specific information or search parameters.

Case Management Systems

The Michigan Courts maintain a centralized online database, MiCOURT Case Search, which allows users to search for court records, including criminal cases. To use the system, users must select the county where the case was handled and then perform a search using a name or case number.

In addition, the Michigan Supreme Court's website offers access to Cases, Opinions, and Orders from appellate courts (in cases where a criminal appeal was filed).

Some local courts also provide online access to case records. For example:

• The Clerk in Grand Traverse County offers a searchable Criminal Records Database.
• The 17th Circuit Court in Kent County maintains its own online database for public access to criminal court records.

While online access is arguably the most convenient option, it may not include all case records. Certain documents may not be available online, and the information provided may be limited in scope.

Written Requests

Written requests are instrumental when a criminal case record is not available online and the requester cannot visit the courthouse in person. Most courts accept mailed requests. Typically, requesters are required to complete a form specifying the record sought and provide identifying details to help locate it.

Requests can be directed to the clerk of the court or the court administration. The Trial Courts directory available online can assist the requester in locating the appropriate court's contact information.

Usually, a fee is required to obtain copies of records by mail, excluding postage costs.

Courthouse Visits

This method offers a more practical approach. Individuals may visit the courthouse where the case was handled to conduct a criminal case search or make inquiries. At some locations, public computers are available for self-service searches. Alternatively, staff members may assist in locating the record. In either case, the requester would need to provide the filing date, the name of a party to the case, or (preferably) a case number.

One key advantage of a physical search is access to case files and documents that are not available online. It is also the best option for retrieving confidential or sensitive records. While inspection of records at the courthouse is generally free, fees typically apply for obtaining copies.

Some local courts also provide access to records via fax or accept inquiries by phone.

Free Access to Criminal Court Records in Michigan

Individuals can access criminal court records in Michigan for free in several ways, including through case management databases and in-person inspections.

Users can access certain criminal case records online at no cost through MiCOURT. They can also review orders, opinions, and cases handled by the Michigan appellate courts for free and utilize case locators provided by local courts. However, researchers should bear in mind that free searches are limited-not all criminal court records or documents are provided online.

In-person searches, on the other hand, allow access to cases and documents not available online, typically at no cost. However, even this option has its limitations. For instance, retrieving older records may involve a fee, especially if it involves more time and effort to locate. Additionally, if the volume of work required is extensive and tedious, the requester may be charged for the extra time the court staff spends.

Note that requesting copies, whether plain or certified, generally requires payment.

Sealing and Expungement of Criminal Court Records in Michigan

In Michigan, expungement, officially called "setting aside," refers to the removal of criminal court records from public access. This process does not erase the record but restricts it from being viewed by the general public. However, such records may still be available to members of the justice system.

A criminal court record is said to be sealed if a court order restricts access to it by sealing a portion or the entire record.

Setting aside a criminal court record and sealing one are similar but not the same.

How to Seal Criminal Court Records in Michigan

Under the Michigan Court Rules, a court is prohibited from sealing a criminal court record unless there is reasonable cause. MCR 8.119(1) outlines the conditions under which a court record may be sealed.

To have a criminal court record sealed in Michigan, the petitioner must file a motion with the court that handled the case, formally requesting that the record be sealed.

The motion must:

• Clearly identify the information to be sealed
• Present a compelling argument supported by facts explaining why sealing the record (in whole or in part) is justified and how the need for confidentiality outweighs the public's right to access to information.

The court may schedule a hearing to determine whether the motion should be granted.

A court would grant the motion if it finds that:

• The need to seal the record outweighs the public's interest in access
• No reasonable alternative to sealing the record exists

If approved, a court order will be issued, and the specific record will become inaccessible to the public.

For information about fees associated with sealing a court record, individuals can consult the Fees Schedule provided by the Michigan One Court of Justice.

How to Expunge a Criminal Record in Michigan

A criminal record is a formal document highlighting an individual's encounters with law enforcement, including cases where the person was convicted of a crime. An individual is said to be convicted if they are found guilty of committing an offense.

A conviction may be automatically expunged under the Clean Slate provision or may require the individual to petition the court for expungement. However, before an expungement can be granted, the applicant must be statutorily eligible under MCL 780.621.

Steps to Apply for Expungement

Applicants are required to complete the following steps:

• Obtain certified copies of their criminal court record and convictions from the court.
• Fill out and submit the necessary application form, signing it before the court clerk or a notary public.
• Make five copies of all documents, including the completed form, and present them to the court clerk.
• Depending on the local court practice, the clerk may set a hearing date and complete the notice of hearing.
• Get fingerprinted by the local law enforcement agency. The applicant must obtain a fingerprint card, be fingerprinted, and ensure the card is completed.
• Mail the application package, which includes all documents, the completed application form, the fingerprint card, and the application fee, by first-class mail to the prosecuting official in the county where the conviction occurred, as well as the following agencies:

Michigan State Police

Michigan Department of Attorney General

Once the application packages are sent, the applicant can

• Fill out the proof of service on the remaining two copies
• Submit one copy to the court where the case was prosecuted
• Keep the last copy for personal record

More details about ineligible crimes and mandatory waiting periods are available on the Attorney General's website.

The total cost of applying for an expungement in Michigan depends on whether the applicant hires an attorney and whether they apply for a fee waiver. However, the mandatory filing fee is $50. The applicant will also pay for the certified copies of their case records and for fingerprinting.

Criminal Records in Michigan vs Court Records

A criminal record for an individual is initiated upon fingerprint submission during the booking process. This record carries details of the arrest, the case's prosecution, and other dispositions.

According to MCL 3.1053, a criminal history record encompasses any information collected by the criminal justice system about an individual, including an identifiable description as well as notations regarding arrest, indictment, or other formal criminal charges.

Court records, as defined by MCR 1.109, are documents generated or filed by the judiciary during court proceedings for a particular case. These records provide information about an individual's engagement with the judicial system and are kept by the court handling the matter.

Requesting a Michigan Criminal History Record

Michigan criminal history records are public; however, there are restrictions on the information made available to the public. For example, under MCL 28.242a, juvenile records are off limits. However, individuals with proper authorization can access a subject's complete criminal record.

How to Request a Michigan State Background Check

Michigan criminal history records (background checks) can be accessed either through a name-based search or a fingerprint-based search. However, fingerprint-based searches are only permitted when required by a state/federal law, executive order, or administrative rule.

The Internet Criminal History Access Tool (ICHAT) lets members of the public conduct name-based searches. Users can either create an account or perform searches as a guest. A video tutorial is available to help individuals navigate the database. The fee for a name-based search is $10.

Petitioners who need to complete a fingerprint-based search must obtain the RI-030 Live Scan Fingerprint Background Check Request form from the entity requesting the criminal record. Next, individuals will need to locate a nearby facility that offers Livescan Fingerprinting services. Once the scan is completed, the result will be sent to the agency or employer listed on the form.

Michigan residents may visit any local agency to be fingerprinted using the Michigan Applicant Fingerprint Card (RI-008), but non-residents are to request fingerprinting on an FBI Applicant Fingerprint Card (FD-258) and indicate the reason for the background check. The fee for a fingerprint-based search is $30.

Active vs Archived Criminal Cases in Michigan

Active criminal cases are those that are still pending or have not yet been concluded. Records from these cases are readily accessible and may be available through the judiciary's online case management system, in person, or through written requests.

Meanwhile, archived criminal cases are older records that have been concluded or formally closed and have exceeded court retention schedules. Record availability often depends on how long ago the case was closed, as some earlier records may have been lost or destroyed. These records may be available at archives departments or public libraries.