Michigan Public Records

How the Michigan Freedom of Information Act Actually Works

Michigan's public records law is codified at MCL § 15.231 (Michigan Freedom of Information Act). It gives any person — resident or not, citizen or not, journalist or not — the right to inspect and copy public records held by state and local agencies. In most cases, you do not have to explain why you want the record.

Response time: 5 business days, with one extension of 10 business days. The agency's response is not necessarily a deadline to deliver records — it tells you whether the records exist and when they'll be produced.

Fee rules: actual cost; labor at lowest paid qualified employee rate, first 1/3 free for indigent requesters. Agencies cannot inflate charges to discourage requests.

If your request is denied or unreasonably delayed, the law typically provides a mechanism to appeal — either administratively or by filing a petition in state court. Many states award attorney's fees to requesters who prevail on a wrongfully denied request.

What You Cannot Get in Michigan (the honest answer)

Many directory sites promise things Michigan law specifically restricts. Here's what's actually true:

• Rap sheet access: Ichat public name-based search $10 — relatively open. Third-party "instant background check" sites that promise a full Michigan criminal history are typically aggregating older court data — not the official state record.
• Sealed and expunged records: records cleared under Michigan's expungement law (MCL § 780.621 (Clean Slate Act, 2020)) are removed from public criminal history reports.
• Juvenile records are generally confidential under Michigan law and not available without court order.
• Active investigation records, attorney-client privileged documents, draft notes, and personnel files are exempt under standard exceptions to the Michigan Freedom of Information Act.
• Booking photos (mugshots) have increasingly restricted commercial use across Michigan and most states — paid "mugshot removal" sites are exposed to civil liability in many jurisdictions.

Expungement and Record Clearing in Michigan

Michigan's record-clearing law is found at MCL § 780.621 (Clean Slate Act, 2020).

Eligibility: Clean Slate Act (eff. 2021-2023) automatically sets aside qualifying convictions after 7-10 years; manual expungement also available.

The petition or application is typically filed in the court of conviction. Filing fees, waiting periods, and exclusions vary by offense type — serious violent crimes and most sexual offenses are commonly excluded. Many states are moving toward automatic ("Clean Slate") sealing for qualifying records.

If you believe your Michigan record contains an error or includes an offense that should have been cleared, you have the right to challenge it through the state criminal history repository — typically by submitting a written claim with documentation.

How to Get Your Own Michigan Criminal Record

If you need your own Michigan criminal history — for an employer, a licensing board, an immigration application, or just to know what's there — the state record is maintained by the Michigan State Police (MSP) Criminal Records Division.

Walkthrough:

1. Choose your method: MSP ICHAT online $10 (name-based) or fingerprint $30.
2. Complete the required form (most states use a standard request form available from the Michigan State Police website).
3. Submit your request along with the fee. Fingerprint-based methods provide the most complete and accurate record but take longer.
4. Turnaround: ICHAT online: immediate; fingerprint: 2-3 weeks.
5. Review the response. If you find errors, the law at MCL § 28.243 provides procedures for correcting or challenging inaccurate criminal history information.

Fingerprint-based criminal history checks are considered the official record. Name-based checks are faster and cheaper but can miss records or include records belonging to people with similar names — verify identity carefully.

Notable Michigan Record Laws You Should Know

• HB 4980-85 (2020 Clean Slate Package): Most expansive automatic expungement law in U.S.
• MCL § 28.243: the statute governing the maintenance, dissemination, and inspection of state criminal history records in Michigan.
• Federal interaction: the FBI maintains a separate national criminal history database (the Identification, Information & Investigation Services / NGI). Some Michigan background checks include a fingerprint forward to the FBI for $13–$32 additional fee, depending on purpose.