Overview Description

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

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(8).

 

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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