Since the days of Elliott Ness, state law, now codified at MCL 28.243, has required that local law enforcement take fingerprints from any person arrested for a serious crime (currently defined as any felony or a misdemeanor carrying maximum jail time of  93 days or more) or criminal contempt, and then forward the prints to the Michigan State Police and the FBI for future reference.

In recognition of rights of the innocent, the statute has long required that the state expunge this sensitive information for persons who are (1) arrested but released without being charged, or (2) accused but found not guilty.

Formerly, the statute required the government’s expungement be accomplished by return of the fingerprints, arrest card and description to the innocent person.  However, perhaps in recognition of new technology allowing fingerprints to be taken by electronic means, PA 2004, No. 222, effective January 1, 2005, amended MCL 28.243 (7) and (8) to now require destruction of the fingerprints and arrest card (except for persons arraigned on specified crimes involving children and/or sexual conduct). 

Moreover, previous statutory language authorizing a court to order return of the accused’s information (and failing compliance with this order, authorizing a circuit court “preemptory writ of mandamus”) has now been deleted.  Therefore, the former practice of an accused obtaining judicial relief through a “Motion and Order for Return of Fingerprints, Arrest Card, and Description” (MC 235) appears to be obsolete. 

Rather, the statute now appears to contemplate a self-effectuating cleansing of the innocents’ information:   local law enforcement or the court clerk “shall notify” the state police when a charge was not made against an arrested person or if an accused is found not guilty (or nolle prosequi), and the person’s fingerprints and arrest card “shall” be destroyed by the official holding those items. 

So, now, in lieu of the physical return of sensitive information, persons avoiding successful prosecution will be protected by statutorily mandated destruction of their fingerprints and arrest cards. 

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