Search Michigan Arrest Records Online

What is Considered an Arrest in Michigan?
Are Arrest Records Public in Michigan?
What are the Types of Arrest Records in Michigan?
How Long Do Arrests Stay on the Record in Michigan?
How To Seal or Expunge an Arrest Record in Michigan?

What is Considered an Arrest in Michigan?

In Michigan, an arrest generally occurs when a law enforcement officer or authorized person acting under legal authority takes an individual into custody based on suspicion of committing a crime. The arrest may involve physical restraint or control of the individual with the intent to charge them with a criminal offense.

Michigan law allows arrests to be made with or without a warrant, depending on the circumstances. Warrant arrests may be made using an arrest warrant or bench warrant. For an arrest warrant to be issued by a judge, a law enforcement officer must submit a valid complaint to the judge that there is sufficient evidence to take you into custody. The judge will then determine whether there is indeed probable cause for your arrest. On the other hand, a bench warrant arrest is made when you fail to appear in court or comply with the terms of a court order.

Michigan Compiled Laws (MCL) 764.15 allows a law enforcement officer to arrest without a warrant in several scenarios. Some of these circumstances typically include that the officer witnesses the commission of a felony, misdemeanor, or ordinance violation or when the office has probable cause to believe that a person has committed a felony or a misdemeanor punishable for more than 92 days.

Generally, arrests in Michigan may be made for:

Felonies: Examples include armed robbery, murder, sexual assault, and drug trafficking
Misdemeanors: Examples include aggravated assaults, disorderly conduct, and petty thefts
Traffic offense: DUI, reckless driving, or driving on a suspended license
Violations of local ordinances: Examples include littering, noise violations, and public intoxication
Domestic violence
Probation or parole violations
Juvenile offenses
Contempt of court

An arrest must be conducted lawfully, ensuring the suspect's constitutional rights are not violated. The formal arrest process in Michigan typically involves the following processes:

Custody and Control: Upon arrest, the person is taken into custody, meaning they are no longer free to leave and are under the control of law enforcement. The officer takes physical custody of the individual, which may involve direct physical control (such as handcuffing) or verbal instruction that the person is not free to leave.
Legal Authority: An arrest must be lawful in Michigan and conducted under legal authority. The Michigan Code of Criminal Procedure authorizes law enforcement officers and private persons to make arrests in the state under specific circumstances.
Miranda Rights: Once an individual is taken into custody, the arresting officer is required to inform them of their Miranda rights before any interrogation may begin. This stems from the Miranda v. Arizona ruling and is critical to ensuring that individuals are aware of their constitutional rights.

The typical Miranda warning includes:

The right to remain silent
Anything said can be used against them in court
The right to an attorney. If they cannot afford an attorney, one will be provided to them

In Michigan, Miranda warnings are necessary before questioning begins. If the officer fails to issue a Miranda warning, any statements or confessions made during interrogation may be inadmissible in court. Miranda rights are not required during the arrest; they must be read before any custodial interrogation.

Physical Restraint: During the arrest process, officers often use physical restraint to ensure the individual does not flee or pose a danger to others. This generally involves handcuffing the individual or the use of other restraint devices, if necessary, such as leg shackles for violent or non-compliant suspects. However, using physical restraint must be reasonable and proportional to the situation.
Booking Process: After being taken into custody, the individual is transported to a local police station or detention facility for the booking process. This administrative procedure typically involves documenting the arrest and gathering the individual's information, such as personal information, fingerprints, and mugshots.

Note that in Michigan, detention and arrest differ primarily in terms of purpose and legal authority. Detention is a temporary restraint of an individual's freedom, often for investigatory purposes, without formally charging them with a crime. In contrast, an arrest involves taking someone into custody based on probable cause that they committed a crime, with the intent to charge them. An arrest is a formal process that includes legal obligations like reading Miranda rights and possibly using physical restraint. Unlike detention, arrest often leads to booking and further criminal proceedings.

What is Unlawful Arrest in Michigan?

An arrest is deemed unlawful in Michigan when a person is detained and arrested without proper legal authority. If an arrest is made under the following circumstances, it may be considered unlawful in Michigan:

Lack of Probable Cause: Under Michigan law (MCL 764.15), law enforcement must have probable cause to believe the individual has committed a crime. Arresting someone without sufficient evidence or reason violates the Fourth Amendment, making the arrest unlawful.
Arrest Without a Warrant: While officers may arrest without a warrant under specific circumstances, arresting an individual without a valid warrant outside of the specific circumstances permitted for warrantless arrest makes an arrest unlawful.
Mistaken Identity: If an individual is arrested because law enforcement misidentifies them as the suspect, the arrest is considered unlawful, as there is no legal basis for taking them into custody. Misidentification may arise from faulty surveillance footage or photos, name confusion, similar physical appearances, and eyewitness misidentification.
Racial Profiling and Discrimination: Arrests based solely on race, ethnicity, or other protected characteristics violate civil rights under both state and federal law, making the arrest unlawful and subject to legal challenge.
Arrests Outside Jurisdiction: Michigan law enforcement officers typically have arrest authority only within their legal jurisdiction. If they arrest an individual outside the state's borders, the action may render the arrest invalid.
Procedural Violations: Failing to follow legal procedures for arrest as outlined under Michigan laws, such as not reading Miranda rights or unlawfully detaining an individual without cause, may lead to an arrest being invalidated in court.

An unlawful arrest may lead to serious legal consequences, including:

Exclusion of Evidence: The United States and Michigan Constitutions generally provide citizens with the right to be free from unreasonable seizures. The State of Michigan created an exclusionary rule judicially precluding the prosecution from using evidence obtained in violation of a person's rights. This means any evidence collected during or after an unlawful arrest, such as confessions or physical evidence, may be excluded from trial as a violation of the Fourth Amendment.
Dismissal of Charges: If an arrest is deemed unlawful due to a lack of probable cause or mistaken identity, the court may dismiss the charges against the individual. This generally protects an individual from being prosecuted for an unlawful arrest.
Civil Rights Lawsuits: Victims of unlawful arrest may file a civil rights lawsuit under 42 U.S.C. § 1983 for violations of their constitutional rights, such as false arrest or imprisonment. If successful, the individual may receive compensation for damages, including legal costs. Under MCL 750.349b, a person who commits unlawful imprisonment is guilty of a felony punishable by imprisonment for not more than 15 years, a fine of not more than $20,000.00, or both.

Are Arrest Records Public in Michigan?

Arrest records are generally public in Michigan, as governed by the Michigan Freedom of Information Act (FOIA), MCL 15.231 et seq. The state's FOIA provides public access to government records, including those maintained by law enforcement agencies. The FOIA allows the public to request and access arrest records, except for some instances where privacy or confidentiality concerns apply. However, not all arrest records are open to public viewing, as some records may be withheld due to legal restrictions or privacy concerns.

The following are arrest record data typically accessible to the public in Michigan:

Personal Information: This includes the individual's name, age, and basic identifying details.
Arrest Details: The date, time, and location of the arrest, as well as the reason for the arrest (probable cause).
Charges: The specific criminal charges brought against the individual.
Booking Information: This may include the booking date, location, and booking number.
Bail and Detention Information: Details about whether bail was posted, the amount, and any detention status.
Court Information: This may include court dates, hearing schedules, and case numbers.
Mugshots: These are images taken of the accused during the booking process. Although some states do not make mugshots publicly available, Michigan allows members of the public to access mugshots as part of arrest records

Publicly inaccessible arrest data include sensitive personal information (for instance, medical records and Social Security numbers), juvenile records, records sealed or expunged under a court order, and some information related to ongoing criminal investigations that may violate the rights of those involved if exposed.

What are the Types of Arrest Records in Michigan?

Arrest records are kept at local and state levels in Michigan. However, the records maintained by local custodians differ from those kept by the state custodian.

At the local level, the county sheriff's office and police departments keep records of the arrests made by officers in their jurisdictions. Arrest data available in the records maintained by county sheriff's offices and police departments typically include the arrestee's name, date and time of arrest, charges filed, mugshots, booking information, and bail details.

At the state level, the Michigan State Police generally keeps more comprehensive criminal records, including arrest data and other details such as pleas, convictions, dispositions, and probation or parole information. The state-level records combine all arrests, charges, and interactions with all state criminal justice units or systems, when available.

Where are Arrest Records Kept in Michigan?

Arrest records in Michigan are generally kept by the following agencies:

Local Police Departments or County Sheriff's Office: Local police and county sheriff's offices keep arrest records for incidents within their jurisdiction. These records typically include information on arrests, charges, booking details, mugshots, and bail information. These local records are generally the first point of reference for arrests that occur in a city or county.
Michigan State Police: The Michigan State Police maintains a more comprehensive set of criminal records through their Criminal Justice Information Center (CJIC). These records typically include arrest details, charges, conviction information, and parole or probation status. The state police consolidate data from local law enforcement agencies and other jurisdictions, making it more comprehensive than local records. Michigan residents may request their criminal records from this agency.
Michigan Courts: Michigan courts hold records that detail the legal proceedings related to an individual's arrest. This typically includes charges, indictments, pleas, convictions, and sentencing records. Courts maintain the official documentation of how each arrest proceeds through the judicial system, including any changes to the charges or outcomes.
FBI: The Federal Bureau of Investigation (FBI) holds arrest records for cases involving federal offenses or those that cross state lines. These records are kept as part of a national database that includes data on arrests submitted by state and local law enforcement agencies.
Correctional Facilities: The Michigan Department of Corrections (MDOC) generally maintains records of individuals arrested, convicted, and sentenced to serve time in state correctional facilities. These records typically include inmate status, parole eligibility, and probation details. The federal correctional facilities in the state also maintain records on incarcerated individuals following an arrest and conviction.

How to Find Public Arrest Records in Michigan?

You may find Michigan arrest records in the following ways:

Visiting Local Police Departments and County Sheriff's Offices: To obtain arrest records specific to a city or county, begin your search by visiting the agency's official website. Some county sheriff's or local PDs' websites may offer online access to arrest records through a request portal, online forms, or publicly available arrest logs. If the agency does not provide access to arrest records online, you can make an in-person request at the agency's office. Many police stations and sheriff's offices have designated public records units that handle requests for arrest records. You may need to fill out a Freedom of Information Act (FOIA) request form, typically providing details such as the arrestee's name, the date of the arrest, and the nature of the charges.
Michigan State Police Criminal History Checks: The Michigan State Police allows individuals to request their criminal records by performing a criminal history background check by name or fingerprints. Note that the MSP only conducts this background check by fingerprint if a federal or state statute, executive rule, or order requires it.

To perform a name-based background check, use the Internet Criminal History Access Tool (ICHAT). You must complete a registration on the portal to create an account to use it for a named-based search. Each search on the portal costs $10, and the fee is payable by a credit or debit card (VISA, MasterCard, or Discover).

Fingerprinting for fingerprint-based background checks is available at approved live scan vendors and may be completed via the Criminal History Record Internet Subscription Service (CHRISS).

Michigan Offender Tracking Information System: The State of Michigan created an Offender Tracking Information System (OTIS) containing information about inmates, parolees, and probationers currently under supervision or who were discharged but remain within three years of their supervision discharge date. These records typically include some arrest data that may be useful when seeking arrest for individuals whose information is maintained in the OTIS database.
Michigan Courts: If you are looking for records associated with an arrest that has led to court proceedings, you may contact the local court where the case was filed. Some Michigan courts have public access terminals within their courthouses so that the public may access court records. Otherwise, you may contact the court clerk's office to access court records. Note that some courts provide remote access to case information for proceedings held in their courts. For instance, Ingham, Cass County, and Saginaw counties provide access to certain court records. For a statewide search for case information for trial court proceedings, use the MiCOURT Case Search resource.
Third-Party Websites: You may also obtain arrest records from third-party websites specializing in aggregating public records. Such platforms generally collect data from multiple sources, including court records, law enforcement databases, and public records, making it easier for individuals to find arrest information. One reliable website for obtaining available Michigan arrest records is RecordsFinder. By entering specific details such as the name of the individual and relevant location information, you may quickly locate the arrest records you want.

How Long Do Arrests Stay on the Record in Michigan?

Michigan statutes do not mandate a specific retention period for arrest records. As a result, law enforcement agencies in Michigan generally retain arrest records indefinitely. This means that once you are arrested in the state, your record will likely remain on file with the agency responsible for the arrest. These records are typically maintained as part of the agency's permanent records. Unless expunged or set aside, they may remain accessible to law enforcement and the public.

However, while some individuals may qualify to set aside their convictions and the associated arrest records by application, the state provides for the automatic expungement of certain misdemeanor or felony records and their related arrest records.

How To Seal or Expunge an Arrest Record in Michigan?

Michigan allows persons convicted of most state criminal offenses to be expunged or set aside under specific circumstances and if some pre-conditions are fulfilled. The recent expansion to the state's expungement laws in 2021 now allows for up to three felonies and an unlimited number of misdemeanors, excluding some assault or weapons offenses and felonies carrying a maximum life sentence in prison. Michigan expungement laws are contained in Michigan Compiled Laws (MCL) 780.621 et seq.

Note that Michigan expungement laws generally require specific waiting periods for expungement, depending on the offense. For felonies, a minimum of five years must have passed after completing all terms of the sentence for an application to be made for expungement. The waiting period is three years for misdemeanors, while persons applying for the expungement of multiple misdemeanors must wait seven years before applying. Some crimes for which the state does not permit an expungement typically include:

All offenses punishable by life imprisonment
Human trafficking-related offenses
Child sexually abusive material or activity offenses
Fourth-degree criminal sexual conduct if committed after January 12, 2015
Second-degree child abuse
Second-degree criminal sexual conduct
Felony domestic violence if the offender has a prior misdemeanor conviction for domestic violence
Assault with intent to commit criminal sexual conduct
Third-degree criminal sexual conduct
Terrorism-related offenses
Some traffic offenses, such as convictions for DWI or traffic offenses causing injury or death and commercial driver's license violations
Using a computer to commit offenses relating to sex crimes
Other convictions listed under MCL 780.621c

To file for expungement in Michigan, you may follow these steps:

Obtain Your Criminal Record: You must get a copy of your criminal record from the Michigan State Police (MSP) to complete the relevant documents to file for an expungement in Michigan. You may request your record online via the Internet Criminal History Access Tool (ICHAT) or by submitting fingerprints. You will also need a certified copy of the judgment of sentence, probation order, or register of actions for each conviction you seek to expunge. This may be obtained from the court where you were convicted.
Prepare Required Forms: You must complete a separate application for each conviction you want to expunge. Make copies of all relevant documents, including your criminal record, court records, and the application. The form must be signed by a Notary Public before filing. This may include the Application to Set Aside Conviction Form and the Order on Application to Set Aside Conviction Form.
Fingerprinting: You will need to get fingerprinted at your local police department, sheriff's office, or MSP post. Your fingerprints are submitted to the MSP, which will run a criminal background check to ensure you meet the eligibility requirements.
Submit the Application: Your submission will include the completed petition forms, the certified record of conviction, your fingerprints, and a $50 check or money order made out to the State of Michigan.
Notify the Prosecutors: You must also send copies of your application to the Michigan Attorney General's Office and the prosecuting attorney who handled the case. These parties are allowed to object to the expungement.
Court Hearing: Once you submit your expungement application, the court will schedule a hearing to review your petition. At the expungement hearing, the judge will review your case and determine whether to grant the expungement. The prosecutor and the Attorney General's Office may object to your petition. If they do, they will present their reasons during the hearing.
Judge's Decision: The judge has the discretion to approve or deny your expungement request. If the judge grants the expungement, the court will issue an order to set aside your conviction and send a copy of the order to the state police. After that, the Michigan State Police and other agencies will update their records to reflect that the conviction or arrest has been set aside. If the judge denies your expungement application, you cannot make a new request for the next three years.

If the expungement is granted, the conviction or arrest generally is no longer visible to the public, meaning it will not show up on most background checks. The Michigan State Police will maintain a non-public record of any conviction that has been set aside. This record is not accessible to the general public, but it may be accessed by certain entities, including:

A court with jurisdiction over your case
Judicial branch agencies within the state government
The Michigan Department of Corrections (DOC)
Law enforcement agencies
Prosecutors and assistant prosecutors
The Office of the Attorney General
The Governor of Michigan

The following are the only circumstances under which those authorized individuals or agencies may access your non-public records:

You have submitted a license application that a judicial branch official requires review.
To verify that you applied for or had a conviction set aside.
If you are convicted of a new crime with a potential prison sentence of more than one year, the court needs this information to determine your sentence.
The governor is reviewing a pardon request for a different conviction.
You are applying for a position with a law enforcement agency or the Department of Corrections (DOC).
To determine if you are required to register under the Sex Offenders Registration Act (SORA) or to check for potential violations of SORA requirements.

Note that it is possible to have your arrest record automatically expunged (also called set aside) in Michigan. The Michigan State Police rolled out a process on April 11, 2023, to automatically expunge certain convictions without having to apply for expunction, per the clean slate legislation enacted in 2020. The program automatically expunges qualifying, eligible convictions, using information from the state's Criminal Historical Record database to determine when the waiting period for each conviction has elapsed.

To be eligible for automatic expungement in Michigan, generally, you must:

Not have an active or pending criminal case
Not intend to expunge records relating to:
- A serious misdemeanor
- A violation related to human trafficking
- An assaultive crime
- A crime related to dishonesty
- An offense that may be punished by 10 or more years imprisonment
- A violation of Michigan laws listed under Chapter XVII of the state code of criminal procedure, MCL 777.1 to 777.69, 1927 PA 175, the elements of which involve a vulnerable adult, minor, injury or serious impairment, or death
- A conviction for operating while intoxicated
- A traffic offense committed with an endorsement on your operator's or chauffeur's license to operate a commercial motor vehicle that was committed while you were operating the commercial motor vehicle or in another manner a commercial motor vehicle violation
- A traffic offense causing injury or death

Also, to qualify for automatic expungement, certain waiting periods are required. At least seven years must have passed since the conviction if you were convicted for a 92-day misdemeanor (a misdemeanor punishable by less than 92 days imprisonment). If you were convicted for a 93-day or more misdemeanor, at least seven years must have passed since the conviction. If you were convicted of a felony, at least 10 years must have passed since the conviction.

The state defines the waiting period for misdemeanors as the amount of time that has passed from the date of the imposition of a sentence. However, the waiting period for a felony refers to the amount of time since the date of the imposition of a sentence or completion of any imprisonment term with the MDOC (Michigan Department of Corrections), whichever occurs later.

The State of Michigan provides a Clean Slate MCL Search for offenders to verify if their specific conviction qualifies for automatic expungement. No more than 2 felonies or four 93-day misdemeanors may be automatically set aside. The state places no limit on the number of 92-day misdemeanors that may be automatically set aside.

To check if your conviction has been automatically expunged or set aside, visit the MSP ICHAT portal to review your criminal records. If your record was not automatically set aside and you believe it should have been, you must email the Michigan State Police Department to notify them.