How to Have a Fingerprint Card Destroyed After Arrest

YOUR BIOMETRIC DATA AND ARREST RECORD

When someone is arrested and charged with a crime, that person’s biometric data is collected by the police, and an arrest record is created. Biometric data refers to fingerprint records, photographs, and signatures of an individual. The arrest record and any subsequent criminal charges can be found through an online search through Michigan’s Internet Criminal History Access Tool (ICHAT). ICHAT is the only public resource where Michigan criminal history checks can be made by name. ICHAT is operated by the state of Michigan through the Michigan State Police. For a small fee, anyone can search ICHAT to see if any criminal record exists for an individual. If you have questions about your biometric data or arrest record, then it is important to speak to an experienced criminal defense attorney.

REASONS WHY A FINGERPRINT CARD CAN BE ORDERED DESTROYED

There are a few specific reasons why a fingerprint card and arrest record can be ordered destroyed by the court, they are:

• If the defendant was found not guilty at trial;
  
• If the charges were dismissed by nolle prosequi before trial by the prosecutor; or
  
• If the defendant is found not to be within the provisions of MCL 712A.2 (juvenile).

If any of the above things happen, then the Michigan State Police are required to destroy biometrics records and arrest records. If and when they fail to do this, you can file a motion with the court for the judge to order them to destroy the records as required. You can check the status of your own criminal record online through ICHAT.

REASONS WHY A FINGERPRINT CARD CANNOT BE ORDERED DESTROYED

There are several situations where an individual can end up without a criminal record, but ineligible to have their biometrics and arrest records destroyed. If you took a deal that included a deferral of conviction and an eventual dismissal, then you are likely unable to have your biometrics and arrest records destroyed by order of the court. The court will not accept motions for records destruction for sentences imposed under:

• MCL 333.7411 (drug possession)
• MCL 769.4a (domestic violence)
• MCL 600.1076(4) (deferral)
• MCL 762.11-762.15 (Holmes Youthful Trainee Act)
• MCL 750.350a (parental kidnapping)
• MCL 750.430 (engaging in health care under the influence)
• MCL 28.243(14) (various offenses)

If you pled to a charge that was deferred by the court, then your biometrics and arrest records cannot be destroyed through a motion to the court. If you have questions about your criminal history and what is eligible to be removed from it, then make sure you direct your questions to an experienced criminal defense attorney.

WHAT YOU MUST FILE

To request that your biometrics records and arrest records be destroyed and removed from your public criminal history in Michigan, you need to file:

• A Form MC 235 – Motion for Destruction of Biometric Data and Arrest Record

You must include your case number, your criminal offense, and any related statutes. When you file this motion with the court, you must also mail a copy of the motion to the appropriate prosecutor’s office. The court will assign a hearing date for the motion once it is properly filed and accepted.

If you don’t have all of the necessary information related to your case, then you can request a copy of the register of actions from the court, or you may be able to get all of the necessary information from an ICHAT search. If you would like an experienced attorney’s help in filing your motion to destroy fingerprint and arrest records, then call us at Zeineh Law so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you were arrested and are looking to have the record of it 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 freedom with a consultation with an experienced criminal defense attorney at Zeineh Law today.