Michigan: Adult Non-Conviction Arrests (MI-NC-3)

Arrest records, all biometric data, and fingerprints are expunged, or destroyed, or both, when charges are dismissed before trial, unless the judge or prosecutor objects within 60 days. Mich. Comp. Laws § 28.243(8).

Record Detail(s)

Charges resolved in favor of defendant

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Mandatory unless opposed by the state

Hearing

No statutory language

Clearance Process

Automatic

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The procedure is automatic unless the judge or prosecutor objects within 60 days. Mich. Comp. Laws § 28.243(8).

Fees

There is no statutory language on fees.

Effect

The arrest record is removed from the internet criminal history access tool (ICHAT); the arrest record, all biometric data, and fingerprints are expunged or destroyed, or both; any entry concerning the charge is removed from LEIN. Mich. Comp. Laws § 28.243(8).

Waiting Periods

There is no waiting period.

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