Michigan Criminal Records

Criminal records in Michigan refer to official documentation with information on unlawful acts done by citizens. State authorities also refer to these records as rap sheets. They entail data on arrests, convictions, and indictments. Not all dealings with police officers in Michigan result in a criminal record. Individuals accused of perpetrating minor traffic infractions, including speeding or parking tickets, will not have them on their rap sheets. These do not qualify as criminal records. The records are compiled and stored by the Criminal Justice Information Centre.

Michigan has different types of criminal records.

The Michigan State Police collect arrest records containing arrest dates, the arresting police personnel, and reasons for arrest. Misdemeanor records document the most severe misdemeanor charges brought against an individual living within the state. Felony records reveal the details of persons convicted of felonies in Michigan. Employers examine criminal records before hiring workers to comply with industry regulations and sustain a safe working environment. Landlords in Michigan may also request prospective renters for permission to peruse their criminal records for safety purposes.

What is Included in the Criminal Record?

A Michigan criminal record contains different types of data. These include:

• Official Information includes indictments, a mugshot, an individual's arrest history, criminal offenses, conviction records, fingerprints, and outstanding warrants.
• Personal data - This includes the record owner's name, date of birth, gender, race, and address.

Are Criminal Records Public In Michigan?

The Michigan Freedom of Information Act permits all citizens to access public records, apart from those incarcerated in correctional facilities. That means property owners, banks, educational establishments, landlords, and scholarship programs can access the criminal records of different individuals. Moreover, the public cannot access criminal records that have been sealed or expunged.

Additionally, records that contain confidential information, like evidence compiled by police officers or witness statements, cannot be accessed without a court order. Federal statutes also prevent the disclosure of arrest records containing details that could compromise national security or are part of ongoing investigations. Michigan's citizens can also not access juvenile offenders' records.

How to Access Criminal Records in Michigan

Criminal records are significant for various reasons, including licensing, adoption, or getting a permit to carry concealed weapons. Records are accessible in person, via mail, or online.

Mail/Paper Request

To obtain criminal records in person or by mail, citizens should write to the Michigan State Police, detailing why they request the criminal record. They should include a return address, email address, and phone number in the cover letter. The letter should consist of a $30 fee and be addressed to:

The period of processing typically lasts between three and five weeks.

Online Request

Interested parties can access criminal records online. The Internet Criminal History Access Tool (ICHAT) enables the search of public criminal record data maintained by Michigan's State Police. ICHAT allows for name-only checks to see any individual's records of convictions. Moreover, users must set up an ICHAT account using a valid name, physical address, and email address to access this information. ICHAT charges a $10 fee for this service.

What is Considered a Felony in Michigan?

Per Mich. Comp. Laws 767.24, felonies are the most egregious offenses attracting significant penalties if one is convicted. There are eight felony classes in the state, from A through to H in severity.

Class A Felonies

They are the highest-level offenses under Michigan state law and include the following examples:

• First-degree murder - It is the deliberate killing of a person or persons.
• First-degree rape - It is the act of coercing an unwilling person to participate in sexual acts. This usually includes threats with a deadly weapon and may lead to grievous bodily harm.
• Child Rape - It involves engaging in sexual activities with a minor below the age of 13.
• 2nd Degree Murder - It carries severity as with 1st degree murder, but the accused person may not have set out to kill the victim. Instead, the intention was to cause bodily harm.
• 1st-degree Arson is the premeditated act of causing or setting fire to property. This action may result in deaths.
• Unlawful use of various weapons to perpetrate mass destruction - The act was not premeditated but resulted in the deaths or injuries of other individuals. This crime could involve using weapons like rockets, grenades, bombs, or missiles that expel projectiles.

Class B Felonies

These include the following:

• 2nd Degree Arson - This involves hiring, aiding, or abetting a different individual to destroy another's property using fire.
• Second-degree Child Abuse - This is the wilful refusal of a parent to give food, shelter, or clothing, leading to a child's physical harm.
• Creating Child Pornography - This refers to manipulating or convincing a minor to perform sexual acts on film. These films may be retained or sold for profit.
• Voluntary Manslaughter - This may involve causing death through the distribution of drugs or irresponsible driving

Class C Felonies

They may include the following:

• Manslaughter - It is the act of unintentionally killing others.
• Human Trafficking - This is the act of kidnapping and transporting people to benefit from their labor or for their sexual exploitation.
• Kidnapping: This refers to taking a person from one place to another against their will to obtain ransom.
• Robbery With Violence - This involves inflicting severe bodily harm on another person on purpose while stealing their property

Class D Felonies

These acts include:

• Larceny - It is the embezzlement of property, upwards of $20,000. Larceny also entails forgery or dealing with stolen goods
• Facilitating Human Trafficking - This is engaging within the human trafficking industry or handling the logistics of selling people to human traffickers

Class E Felonies

These include the following:

• Carrying a weapon with unlawful intent - This involves having a deadly weapon like a gun to use it for illegal purposes.
• Breaking and Entering - This is when an individual illegally accesses different premises and forces occupants to give up their money or goods. The robber may also steal goods if they find no occupants on the premises.
• First-degree Retail Fraud - This refers to attempting to steal or stealing products marked for sale in a mall, store, or supermarket.
• Bribery - This refers to receiving or giving valuable items like money to influence how a public official performs a given task.
• Extortion - This involves obtaining products or money from another individual using blackmail or threats

Class F Felonies

They include the following:

• Theft - Perpetrating loan and credit card theft
• Drug Possession - This involves delivering, manufacturing, or being found in possession of less than 5 kg of marijuana.

Class G Felonies

These include the following:

• Threatening Witnesses - This involves threatening a person who witnessed a crime to prevent him or her from giving testimony to this fact.
• Offering bribes - This involves seeking to influence public officials by providing gifts and money.
• Writing worthless checks for less than $2,000
• Second Offense Domestic Assault - This applies to persons charged with domestic assault and had a previous similar offense

Class H Felonies

These include:

• Identity Theft - Stealing another person's details to perpetrate fraud
• Traffic Misdemeanors - Driving with a suspended license
• Breaking Out - Escaping from state prisons
• Welfare Fraud - Amounting to more than $500

Penalties For Michigan Felonies

Different classes of felonies have different penalties in Michigan. These penalties are:

• Class A felonies carry the penalty of life imprisonment
• Class B felonies have a penalty of up to 20 years in prison
• Class C felonies have a penalty of up to 15 years in prison
• Class D felonies have a penalty of up to 10 years in prison
• Class E felonies carry a penalty of up to 5 years imprisonment
• Class F felonies attract a felony of up to 4 years imprisonment
• Class G felonies attract a penalty of up to 2 years imprisonment
• Class H felonies carry a penalty of short jail terms, wearing electronic measures, or being on probation.

What is a Misdemeanor in Michigan?

According to state law, a misdemeanor is a minor offense that does not fall under the felony category. Michigan laws have three misdemeanor classes, and the High Court misdemeanors are the most severe.

The following include the highest-level misdemeanors in the state. They are categorized on the same level as Class G and H felonies:

• Indecent exposure
• Second offense domestic assault

1-Year Misdemeanors

These include the following:

• Second offense DUI
• The deliberate discharge of firearms without the intention of harming others
• Larceny of properties costing from $200 to $1000

93-Day Misdemeanors

These minor offenses include:

• First offense DUI
• The embezzlement of property worth less than $200

Michigan Misdemeanors Penalties

Different classes of misdemeanors have different penalties in Michigan. These penalties are:

• High Court misdemeanors attract a penalty of up to two years in jail.
• One-year misdemeanors may result in a fine of up to $2,000
• 93-Day misdemeanors may result in penalties of $500 or fines of 93 days in jail.

How Long Does a Michigan Criminal Record Stay In a Background Report?

Employers in Michigan often use background reports to determine a worker's suitability for a given role. Background checks are mandatory in sectors where agencies aim to avoid liability claims and sustain a safe working environment. In Michigan, background reports typically include a criminal history. The Fair Credit Reporting Act places a seven-year restriction on disclosing non-criminal driving records, bankruptcies, arrests not culminating in convictions, civil judgments, and paid tax liens in criminal records. This federal regulation also prohibits reporting pending criminal case details in Michigan's criminal records. According to these laws, nonviolent felonies remain in background records for seven years.

Sealing and Expungement of Criminal Records in Michigan

Expunging is the removal of criminal records, including arrests, convictions, or charges. That means whatever is expunged automatically becomes private and is not referred to by the formerly convicted individual when applying for entry to a university, an apartment, or on job applications. In Michigan, accused persons may receive unlimited expungements for charges that end in acquittal or dismissal.

Additionally, there is no waiting period before requesting a court to seal acquittals, dismissals, or arrest records. Sealing criminal records makes them inaccessible to the public. In Michigan, the M780.621 statute holds that only individuals with two misdemeanors or less than two nonviolent felonies can have their criminal records sealed. Should the parties involved avoid being involved in other offenses, then it will be possible for records to be expunged after seven years.

Expungement assists people who have previously committed nonviolent offenses in overcoming the obstacles caused by criminal records. Michigan courts can expunge unlimited nonviolent offenses, such as misdemeanors, but they can only delete up to 3 nonviolent felonies. Records that cannot be expunged under Michigan statutes include those covering offenses like criminal sexual conduct and murder.