Michigan Arrest Records

Michigan has one of the lowest arrest rates in the United States. As the 9th state with the least arrests, Michigan has 1,717.1 arrests per 100,000 residents. Its arrest rate is significantly lower than the national rate of 2,181.7 arrests per 100,000 people. Compared with neighboring states like Indiana and Wisconsin, Michigan has low arrest rates. Indiana has an arrest rate of 2,252.5 arrests per 100,000 residents, while Wisconsin has an arrest rate of 3,247.7 per 100,000 people, higher than the national and Michigan averages.

Lower arrest rates typically imply fewer crimes recorded in the state. Michigan records an average of 151,000 arrests annually, significantly lower than neighboring Ohio, with over 161,000 arrests annually. Simple assaults account for 18% of arrests recorded by law enforcement in the state. Vandalism and motor vehicle theft constitute 2% and 1% of arrests made in Michigan.

What Is an Arrest Under Michigan Law?

Michigan arrest law is outlined in Section 764.15 of the Michigan Compiled Laws (MCL). Per the law, an arrest is taking a person into custody as authorized by law. An arrest generally occurs when a peace officer witnesses a crime, has reasonable cause to believe a felony is committed, or based on a warrant, takes a person into custody.

Type of Arrests in Michigan

Arrests are broadly classified into two in Michigan - Warrant arrests and Warrantless arrests.

Warrant Arrests

A warrant arrest occurs in Michigan when a law enforcement officer makes an arrest based on a warrant issued by a judge or magistrate. The warrant is a legal document that authorizes peace officers to arrest a specific individual at any location where the individual is found. Warrants are issued based on probable cause.

Warrantless Arrests

A warrantless arrest in Michigan happens when a peace officer apprehends and detaims an individual without a warrant. A warrantless arrest is subject to specific conditions in Michigan. A warrantless arrest requires probable cause. Officers must have reason to believe that a crime has been committed. The officer must witness the crime. Lastly, officers can normally make warrantless arrests for felonies if they have probable cause to believe the person committed a felony. Certain misdemeanor crimes may require warrantless arrest if they happen in the presence of a law enforcement officer, and there is cause to believe that the individual will not be apprehended if not arrested immediately.

Probable cause for an arrest in Michigan requires a reasonable belief that a crime may have been committed or that evidence of a crime is present. In Michigan, probable cause is necessary for both warrant and warrantless arrests. Warrant arrests and warrantless arrests can typically be made for the following:

• Juvenile arrests
• Public order arrest
• Immigration-related arrests
• Traffic-related arrests
• Domestic violence arrests

What Are Michigan Arrest Records?

Arrest records in Michigan are official documents maintained by law enforcement agencies and judicial bodies that provide detailed information about an individual's arrest. Arrest records generally contain comprehensive details about the arrest, charges, and subsequent legal actions. Arrest records are typically created when an individual is detained by a law enforcement officer for a crime. Arrest records generally include personal information such as name, date of birth, and physical description of the arrestee. Other information in an arrest record is generally the details of the arrest, the criminal charges, booking information, including fingerprinting and mugshot, court information, and the arresting officer's report.

Arrest and criminal records generally document an individual's interaction with the criminal justice system. However, they are not the same document. Arrest records are a subset of criminal records. Arrest records are the official documents generated when a person is taken into custody. It typically focuses on the events surrounding an individual apprehension. Criminal records generally provide a comprehensive history of an individual's interactions with the criminal justice system. They may encompass more than just arrest records. It typically includes charges, court proceedings, and outcomes.

How Can Arrest Records Be Accessed in Michigan?

The Michigan Freedom of Information Act (FOIA) governs public access to government records, including arrest records. Per the Act, individuals may request and inspect public records, including arrest records, unless exempted by law. Although Michigan law permits public access to arrest records, several exemptions restrict access to ongoing investigations, juvenile records, personal privacy, and crime victim information records. While the public may not access exempted arrest records, law enforcement agencies, judicial authorities, government agencies, employers, and licensing authorities may access sealed or exempted arrest records. Michigan arrest records are generally accessible at the state level, local level, and at the courts.

Michigan State Police (MSP) - Internet Criminal History Access Tool (ICHAT)

The MSP provides a user-friendly online tool to access arrest records for the state. ICHAT is an online service that allows users to search for criminal history records, including arrest records of individuals in Michigan. To access the arrest records, visit the ICHAT website and create an account. Log into the account and input details about the record holder. Submit a search request and pay the fees. It costs $10 per search. The result is received electronically.

The local police department and county sheriff's office across Michigan maintain the records of all arrests within their jurisdiction. To access the document, contact the police department or the sheriff's office where the arrest occurred. Fill out the form requesting arrest records and pay the fees to obtain copies of the documents. Access to these records may be in person or by mail.

Arrest records are also accessible at the courts. Court records document legal proceedings and include information about arrests. To access arrest records through the courts, determine which court handled the case, Get as much information as possible, and visit the court's website. Most courts in Michigan provide access to online portals to search case information. Alternatively, record seekers may visit the Court Clerk's Office in person or request the arrest record by mail.

How Long Will an Arrest Report Stay on Your Michigan Records?

Arrest reports stay on a person's records indefinitely in Michigan unless sealed or expunged. In most cases in Michigan, arrest records remain permanently of an individual's criminal history. However, some records are automatically expunged under certain conditions. Michigan Clean Slate Law introduced automatic expungement for some eligible arrest records starting April 2023. The law applies to not more than two felony convictions, and four misdemeanors can be automatically deleted after ten years for felonies and seven years for misdemeanors if the person has not reoffended. Violent crimes, serious felonies, certain traffic offenses, and crimes involving minors are eligible for expungement in Michigan.

Can You Expunge Your Arrest Records in Michigan?

Yes. Arrest records can be sealed or expunged in Michigan. Under Michigan law, individuals may petition to have their arrest records expunged if they meet certain criteria. Michigan's expungement law, outlined in Section 780.621 of the MCL, specifies eligibility criteria for expungement in the state. They are:

• Arrests that did not lead to conviction
• Convictions reversed or vacated
• Certain violent felonies and misdemeanors after a specific period without reoffending

Expunging arrest records begins with filing a petition with the court. Then, notify the prosecutor's office that handled the case, about the petition to expunge the record. The court may schedule a court hearing to review the petition. If the judge grants the petition, a court order is issued to expunge the record. Individuals acquitted at trial or had their charges dismissed are eligible to expunge their arrest record. The waiting period varies based on the type of offense. There is no waiting period for misdemeanors, while felony crimes may require up to one year before petitioning for expungement.

Is Citizen's Arrest Legal in Michigan?

Yes, citizen's arrest is legal in Michigan. Per Section 754.16 of the MCL, private citizens may detain someone they have probable cause to believe committed a crime. However, citizen arrests may be carried out under specific circumstances:

• The citizen witnessed the crime directly or has probable cause to believe the person committed a felony
• The crime must involve breach of peace for misdemeanor crimes
• The use of force to detain the individual must be reasonable and proportionate to the circumstances

There are circumstances where a police officer may make a citizen's arrest. Off-duty police officers may perform a citizen's arrest if they witness the crime. Likewise, police officers outside their jurisdiction may use citizen arrest to detain individuals until local law enforcement arrives.

Citizen arrest differs from false arrest. Citizen arrest is legal with probable cause. It is detaining someone suspected of a crime and surrendering them to law enforcement. False arrests are illegal. It is the unlawful detention of a person with no legal justification. A false arrest can lead to civil and criminal liabilities for the person making the arrest.

How to Look Up Arrest Warrants in Michigan

A warrant is an official document issued by a judge or magistrate authorizing law enforcement officers to take actions, such as making an arrest or conducting a search. In Michigan, warrants may be arrest, bench, or search warrants. Arrest warrants authorize law enforcement to apprehend and arrest a specific individual. A bench warrant is issued by the judge or magistrate compelling an individual to appear in court to address their failure to comply with a court order. Search warrants authorize law enforcement to search a specific location for evidence of a crime.

Looking up arrest warrants in Michigan involves checking various legal and law enforcement resources. The MSP generally provides an online search tool for accessing criminal history records, which may include arrest warrants. The county sheriff's office and the City police department provide access to arrest warrants. You may look up arrest warrants in the city or country where the warrant was issued. Court records also hold information on arrest warrants. You may use the Michigan Court Case Search to look up court records, which may include arrest warrants. Some courthouse facilities provide public access terminals at the Clerk's office to view arrest records. Lastly, you may access arrest warrants from third-party sites, which aggregate public records, including arrest records. This platform usually requires registration and fees to search their records.