What defines a Criminal Record in Michigan?
A criminal record is as an official document that records a person’s criminal history. The information is assembled and updated from local, county and state jurisdictions, trial courts, courts of appeals as well as county and state correctional facilities. The standard for criminal record collection and storage varies from county to county but a large percentage of Michigan criminal records are organized in online record depositories that are available to the public in the form of a Criminal Background Report.
The amount of criminal records information presented on StateRecords.org varies from person to person. That's because different sources often rely on non-standardized state level protocols, storage classifications, requirements, organization and digitization processes for data collection. Criminal records in the state of Michigan generally include the following subjects:
Michigan Arrest Records
An arrest record is an official document providing information about a person that is questioned, apprehended, taken into custody, or placed in detention. It also includes information of persons held for investigation and/or charged with, indicted or tried for any felony, misdemeanor or other offense by any law enforcement or military authority. A peace officer may make an arrest without a warrant if a felony, a misdemeanor, or ordinance violation is committed in the peace officer's presence. An arrest may also be made if the peace officer has reasonable cause to believe the person committed it.
Michigan Arrest Warrants
An arrest warrant is an official document signed and issued by a judge or magistrate on behalf of the local and state jurisdictions. It authorizes a police officer to arrest or detain the person or people named in the warrant or to search and seize the individual’s property.
A misdemeanor is a non-indictable offense that is generally less severe than felonies. However, like felonies, a misdemeanor charge is classified by a number-based system designed to describe the severity of the alleged crime. Michigan has three classes of misdemeanors:
- Misdemeanors punishable by up to 93 days in jail
- Misdemeanors punishable by up to one year in jail
- High court misdemeanors which are punishable by up to two years in prison
High court misdemeanors are similar to felonies. The punishment for a misdemeanor can also include a sum is to be paid.
A felony offense is a criminal conviction with a maximum sentence of more than 1 year, which is to be served in a county jail or state prison. In some cases, a felony conviction can even be punished by death. In Michigan, felonies are serious crimes that are punishable by more than one year in prison. Michigan law categorizes felonies into eight classes: Class A felonies through Class H felonies. Class A felonies are the most serious felony crimes in Michigan with the most severe penalties.
Michigan Sex Offender Listing
A sex offender listing is a registry of persons convicted of committing a sex crime that is often accessible by the public. In most cases, jurisdictions compile their laws into sections, such as trafficking and, sexual assault. Judges are given discretion as to whether they need registration for crimes besides the charges listed under the state's sex offender registration act
. A judge may order an adult to register as a sex offender if the crime convicted involves sexual motivation. Michigan repealed its rape laws, among other sex offenses, in 1974 and replaced those crimes with degrees of “criminal sexual conduct.” Sexual battery, which generally refers to non-consensual sexual contact with the victim, is now defined as criminal sexual conduct in Michigan.
Michigan Serious Traffic Violation
A serious traffic violation tends to involve willful disregard for public safety, death, serious bodily injury, damage to property and multiple minor traffic violations. Traffic ticket fines and surcharges in Michigan vary by violation and district. Each traffic violation in Michigan adds a specific number of points to your driving record. Points stay on your driving record for 2 years and the MI traffic ticket will stay on your record for at least 7 years.
Michigan Conviction Records
A conviction record is a document providing information that a person is found guilty, pleaded guilty or pleaded no contest to criminal charges in a civilian or military court. The criminal charges are classified as a felony, misdemeanor or any other offense. Conviction also includes a person judged delinquent and less than honorably discharged or placed on probation, fined, imprisoned or paroled. A criminal conviction is rendered by either a jury of peers or a judge in a court of law. A conviction does not include a final judgment deleted by a pardon, set aside, reversed or otherwise rendered inoperative.
Michigan Jail and Inmate Records
Jail and inmate records are official documents of information about a person’s current and sometimes past inmate status. A person who is in jail or considered an inmate is someone who is deprived of his/her civil liberties and is on trial for a crime, or a person serving a prison sentence after being convicted of a crime. Like most states, Michigan has a Department of Correction
, which maintains an inmate database that is often searchable online. These records often include the inmate’s name, incarceration date, expected the release date, convicted offense and sometimes photos.
Michigan Parole Information
Parole records are an official document that includes information about the release of a prisoner who agreed to certain conditions before completion of their maximum sentence. While the prisoner is on supervised parole, the board shall need as a condition of parole that they pay a monthly supervision fee of not less than $30, unless the board agrees to accept a lower fee after determining the inability of the prisoner to pay. The board may also impose any conditions of parole supervision
it seems right to make sure the best interests of the prisoner and the citizens of Michigan are served.
Michigan Probation Records
Probation records are official documents that show when a person receives probation as an alternative to prison. Probation allows people convicted of a crime in Michigan to serve their sentences out of custody, as long as they follow probation conditions imposed by the judge and probation officer. Probation is issued in proportion to the crime, so the length and nature of probation differ (sometimes drastically) from case to case. Probation typically falls into three categories: minimally supervised, supervised and intensive. Intensive probation is a form of very strict probation that has conditions that emphasize punishment and control of the offender within the community
Michigan Juvenile Criminal Records
A juvenile criminal record is an official record of information about criminal activity committed by children or adolescents who are not yet of legal adult age. Juveniles are not considered convicted of a crime like an adult but instead, are found to be “adjudicated delinquent”. These criminal records are often mistakenly thought to be erased or expunged once a person becomes of legal adult age, but in fact, the record remains unless the person petitions to have it expunged. If a person was found adjudicated delinquent to a criminal offense, they do not have to respond “yes” if asked whether they have ever been convicted of a crime, unless the question specifically asks if they were ever adjudicated delinquent as well.
Michigan History and Accuracy of Criminal Records
The accuracy of criminal records data depends on the recordkeeping and technological capabilities of the jurisdiction where the record was assembled and later digitized. Record archives usually tend to go back as far as the 1970s, when criminal and arrest data were first centralized and compiled into an organized database much like we use today. Accuracy was more commonly affected by human error in the past. However, by the 1990s the quality and accuracy of record keeping improved exponentially due to the advent of the computer. As a result of this, the information provides on StateRecords.org will vary from person to person.
Michigan Megan’s Law
Megan's Law is the term for state laws that create and keep up a sex offender registry, which provides information on registered sex offenders to the public. The first Megan's Law appeared after the rape and murder of 7-year-old New Jersey resident Megan Kanka by a sex offender who lived in the girl's own neighborhood. Soon after passage of this first Megan's Law, the federal government passed an act, requiring all states to set up sex offender registries
that provide the public with information about those registered.
Under certain circumstances (such as, where the victim was under 13 years of age), a person convicted of criminal sexual conduct in Michigan may be designated a sex offender and required to register with state and local authorities upon release from prison and for many years after. Such registration restricts where a person may live, work, and go to school, or simply be present.