Mandatory if no prior conviction; discretionary if prior conviction
No statutory language
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), (12).
Ineligible Category or Citation
See subsection (12) for offenses ineligible for destruction. Mich. Comp. Laws § 28.243
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.