Michigan: Adult Non-Conviction Arrests (MI-NC-2)

Records of biometric data taken at arrest from a person with no prior felony conviction will be destroyed upon a finding of not guilty or nolle prosequi. The records of biometric data can be destroyed upon such finding for a person with a prior conviction. Mich. Comp. Laws § § 28.243(8), (10).

Record Detail(s)

Charges resolved in favor of defendant

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Varies

Hearing

No statutory language

Clearance Process

Automatic

Remedy

Expunge

Ineligible Category or Citation

See subsection (14) for offenses ineligible for destruction. Mich. Comp. Laws § § 28.243(14).

Procedure General

The official holding the person's biometric data and arrest card will destroy them upon notification by the court of a finding of not guilty or nolle prosequi. For specific the procedure see Mich. Comp. Laws § 28.243. If the data is not destroyed as required, a petition can be filed with the court.

Fees

There is no statutory language regarding fees.

Effect

The biometric data and arrest card are destroyed. Mich. Comp. Laws § 28.243(10).

Forms

To file a petition to destroy the biometric data and arrest card, visit here.

Waiting Periods

The record is destroyed upon a finding of not guilty or nolle prosequi.

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