IMPORTANT THINGS TO KNOW ABOUT MICHIGAN CRIMINAL RECORDS

Anytime someone is arrested in the state of Michigan, a record of that arrest is made. The record of that arrest will exist even if that individual is never charged or convicted of any criminal offense. If you are later charged and convicted of anything, that information will also appear on your Michigan criminal record. Some cases result in situations where criminal records are sealed or made non-public in some way. This information is typically hidden from public view when searching Michigan criminal records. Michigan criminal records can be accessed through ICHAT (Internet Criminal History Access Tool). Anyone can search the public criminal record of someone else as long as they know that individual’s name, birthdate, and race and pay a small fee. The record is made available instantly and is sent by email.

HOW YOUR CRIMINAL RECORD CAN BE USED AGAINST YOU

Criminal record checks are typically done in connection with potential employment, housing, or state licensing. If you are an applicant for a job, then anything that appears on your criminal history can be questioned and used against you in determining whether you will be hired. If you are seeking to rent an apartment or condominium, then your criminal history can also result in being denied by the leasing office or Homeowner’s Association (HOA). It is important that your criminal history is accurate and things that can be removed are done so through the appropriate channels. Criminal records don’t generally clear themselves, as the onus is typically on you to request clearance. 

HOW YOU CAN GET YOUR ARREST RECORD DESTROYED

If you have been charged with a crime, but that charge is later dismissed before a trial and not due to a plea agreement, then you can get your arrest record destroyed as well. Michigan law under MCL 764.26a details when arrest records can be destroyed and outlines the process that must be followed. Once a dismissal takes place for a crime where charges are dismissed before trial, the individual’s ICHAT must be updated to remove the arrest record. Other records must also be destroyed such as fingerprints and other biometric data. DNA samples can also be destroyed in certain circumstances. The Law Enforcement Information Network (LEIN) is a shared police database that details any current criminal charges and court orders against individuals. LEIN is also required to be updated under Michigan law to remove any further entries regarding the dismissed charges. If your criminal record remains public even after a dismissal, then you can petition the court for an order to remove the information.

HOW AN ATTORNEY CAN HELP

If you are seeking to have your arrest record modified or cleared, then having an experienced attorney on your side can be helpful. An experienced attorney can ensure that your application is complete and is soundly backed by appropriate state law. If your application is submitted incorrectly or incompletely, then your application can be denied by the court which can delay the result that you are looking for. Having an experienced attorney on your side can help you avoid these issues and get a decision regarding your desired result more quickly and efficiently. An experienced criminal defense attorney can also review your criminal record to determine if you are eligible for any expungements or other postconviction relief if you have prior convictions. If you have legal questions, then call us at Zeineh Law today so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are looking to get your arrest record destroyed, then it is important to speak to an experienced criminal defense attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or online. Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards completing your dismissal with a consultation with an experienced criminal defense attorney at Zeineh Law today.