Michigan Public Records

How the Michigan Freedom of Information Act works

Michigan's Freedom of Information Act, 1976 PA 442, MCL 15.231 to 15.246 (text on the Michigan Legislature site), gives a person who sends a written request describing a public record the right to inspect, copy or receive copies of it (MCL 15.233). A person serving a prison or jail sentence is not a person under the act, and the judiciary is not a public body under it (MCL 15.232).

Deadlines: the request goes to the public body's FOIA coordinator; an emailed request counts as received one business day after it is sent. Within 5 business days the public body must grant the request, deny it in writing, grant it in part, or issue one notice extending the time by not more than 10 business days (MCL 15.235).

Fees: limited to actual mailing costs and the actual incremental cost of duplication, labor at the hourly wage of the lowest paid employee able to do the work, and no more than 10 cents per sheet for standard paper copies. A deposit of up to half can be required when the fee estimate exceeds $50. The first $20.00 of the fee is waived for an individual who files an affidavit of indigency, and fees can be waived or reduced in the public interest (MCL 15.234).

Appeals: after a final denial the requester may send the head of the public body a written appeal that uses the word "appeal"; the head must answer within 10 business days. Or, within 180 days of the final denial, the requester may sue in circuit court, or the Court of Claims for a state public body (MCL 15.240).

What you cannot get in Michigan

• Court records under FOIA: the judiciary, including the county clerk acting as clerk of the circuit court, is not a public body under the act (MCL 15.232).
• Personal information: a public body may withhold information of a personal nature when release would be a clearly unwarranted invasion of privacy (MCL 15.243(1)(a)).
• Investigating records: records compiled for law enforcement purposes may be withheld to the extent release would interfere with proceedings, deny a fair trial, reveal a confidential source or techniques, or endanger officers (MCL 15.243(1)(b)).
• Juvenile court records: since January 1, 2021, records of cases in the family division are not open to the general public, only to persons with a legitimate interest (MCL 712A.28).
• Set aside convictions: the Michigan State Police keep only a nonpublic record of a set aside conviction, open to courts, law enforcement, prosecutors and the other users listed in MCL 780.623.

Setting aside a conviction in Michigan

Michigan clears records by setting aside convictions under 1965 PA 213, MCL 780.621 to 780.624 (text on the Michigan Legislature site). A person with no more than 3 felony convictions may apply to set aside all Michigan convictions, with no more than 2 assaultive crimes in a lifetime (MCL 780.621).

Waiting periods, counted from the last of sentencing, probation, parole or prison (MCL 780.621d):

• One or more misdemeanors: 3 years, except serious misdemeanors, a first drunk driving offense and assaultive misdemeanors.
• Serious misdemeanors, one first drunk driving offense, or one felony: 5 years.
• More than one felony: 7 years.

There can be no pending charge and no new conviction during the waiting period. Felonies punishable by life, the sexual offenses listed in MCL 780.621c, drunk driving other than one first offense, and traffic offenses causing injury or death cannot be set aside. File form MC 227 in the court where the conviction occurred, with a certified record of each conviction, a fingerprint card and a $50.00 fee sent to the Michigan State Police, and serve the Attorney General and the prosecutor.

The law also sets aside, without an application, misdemeanors after 7 years and eligible felonies after 10 years, up to 2 felonies and 4 misdemeanors in a lifetime; assaultive crimes, serious misdemeanors, crimes of dishonesty and offenses punishable by 10 or more years are left out (MCL 780.621g).

How to get your own Michigan criminal record

The Michigan State Police Criminal Justice Information Center (CJIC) keeps the state criminal history record, which lists misdemeanor convictions and felony arrests and convictions. A copy of your own record for a visa, immigration, adoption or personal review is fingerprint based.

1. Michigan residents go to a local law enforcement agency and ask to be printed on a Michigan Applicant Fingerprint Card (RI-008); people living elsewhere use an FBI Applicant Fingerprint Card (FD-258) marked with the reason, such as Personal Record Review.
2. Write a cover letter with the reason and your return address, phone number or email address.
3. Mail the card, the letter and a $30.00 check or money order payable to the State of Michigan to Michigan State Police, CJIC, P.O. Box 30266, Lansing, Michigan 48909.
4. Allow 3 to 5 weeks for processing and mail delivery. One original certified response is sent, and each extra original costs $1.00.

The steps are on the MSP Search, Expunge, Modify, or Update Criminal History Records page. A national record must be requested from the FBI.

Michigan record laws to know

• Freedom of Information Act, MCL 15.231 to 15.246: requests, deadlines, fees, exemptions and appeals for public body records.
• 1965 PA 213, MCL 780.621 to 780.624: setting aside convictions by application and without application, and the nonpublic record kept by the State Police.
• MCL 28.243: fingerprints and biometric data taken at arrest, and their destruction when charges are dismissed or end in a not guilty finding.
• MCL 712A.28: who may see juvenile court case records.