Charlevoix County Arrest Records

In Charlevoix County, an arrest entails the legal apprehension and temporary detainment of an individual by a peace officer or other authorized persons. Arrests aim to maintain law and order within the county. Typically, a peace officer can arrest an individual under the authority of an active arrest warrant or without a warrant under certain circumstances. The Michigan Compiled Laws (MCL) Section 764.15 specifies various situations where a peace officer may arrest a person without a warrant. Some of these situations include when an individual commits a felony, misdemeanor, or ordinance violation in the officer's presence, or when the officer has reasonable cause to believe a felony has been committed.

Following an arrest in Charlevoix County, details about the incident and its surrounding circumstances are documented in an arrest record maintained by the arresting agency. Arrest records are crucial criminal justice documents that provide information about an individual’s past run-ins with law enforcement agencies. Different criminal justice agencies also feature information found in them and use them to create other records. These include, but are not limited to, criminal history records and crime statistics in the MICR annual reports compiled by the Michigan State Police and the Charlevoix County Court Records.

Are Arrest Records Public in Charlevoix County?

Yes, Under Michigan’s Freedom of Information Act (FOIA), codified in MCL § 15.231 to 15.246, everyone has the right to access complete information regarding a public body's statutory functions, including arrests made by law enforcement agencies. Consequently, Charlevoix County arrest records are presumed to be public and are generally accessible to anyone who requests them from their official custodians. It is important to note that individuals incarcerated in state or local correctional facilities are not entitled to the rights afforded by Michigan’s FOIA.

Furthermore, the provisions of Michigan’s FOIA are not absolute. MCL § 15.243 outlines various exemptions to the act that permit public entities to redact, restrict, or limit public access to certain information, arrest records, and other public records. These exempt records and information are available only to eligible persons or entities, or pursuant to a court order. Several other state and federal statutes also outline similar limitations and restrictions. Examples of these exempt records and information include, but are not limited to, juvenile arrest records, an individual’s Social Security Number (SSN), and records whose release may:

• Endanger a law enforcement personnel’s life or safety.
• Constitutes an unwarranted invasion of an individual's privacy.
• Deprive an individual of their right to a fair trial or impartial administrative adjudication.
• Interfere with an ongoing law enforcement proceeding.

What Do Public Arrest Records Contain?

In Charlevoix County, public arrest records generally include the following information:

• The arrestee’s personal information and physical description:
  • Full name
  • Death of birth
  • Age
  • Gender
  • Weight
  • Height
  • Race
  • Hair and eye color
• Arrest details:
  • Arrest location, time, and date
  • The arresting agency’s information
• Booking details:
  • The holding facility’s name
  • Booking number
  • Booking date and time
• Offense details:
  • Type of offense (i.e., felony, misdemeanor, or infraction)
  • Offense description
  • Criminal charges (if applicable)
• bond/bail information (if applicable)

Charlevoix County Arrest Statistics

According to the FBI Crime Data Explorer, local law enforcement agencies in Charlevoix County made 615 arrests in 2023—an increase of 20.23% from the 502 arrests recorded the previous year. A breakdown of the 2023 arrest statistics reveals that male and female arrestees accounted for 458 and 157 arrests, respectively. Furthermore, offenses such as driving under the influence (191 arrests), simple assault (68 arrests), and drug/narcotic offenses (40 arrests) had the highest number of arrests in 2023.

The above statistics only reflect arrests made by Boyne City Police Department, Charlevoix County Sheriff's Office, Charlevoix Police Department, East Jordan Police Department, and the Michigan State Police: Charlevoix County.

Find Charlevoix County Arrest Records

Interested persons can find Charlevoix County arrest records by querying local law enforcement agencies, such as the Charlevoix County Sheriff’s Office and municipal police departments. These agencies are the creators and primary custodians of local arrest records.

Generally, local law enforcement agencies in Charlevoix County can only provide arrest records for the incidents they handle. For example, the Charlevoix County Sheriff’s Office cannot provide records of arrests made by the Charlevoix Police Department, and vice versa. Therefore, record seekers must first ascertain which specific local law enforcement agency is responsible for the arrest in question in order to direct their request appropriately. After identifying the agency, they must garner sufficient information about the sought-after record, such as the arrestee’s name, arrest date, and location, and submit a FOIA request to the custodial agency. Most agencies accept in-person requests at their physical location during regular working hours. Some agencies also provide a dedicated FOIA request form that individuals can use to make requests online. Examples of these forms include the Charlevoix County Sheriff’s FOIA request form and the Charlevoix Police Department’s record request form.

In situations where someone has been arrested and booked into the Charlevoix County Jail, interested individuals can inquire about recent intake by contacting the jail administrator by phone at (213) 547-4461 or via email at owensb@charlevoixcounty.org.

Free Arrest Record Search in Charlevoix County

Record seekers can conduct a free arrest records search in Charlevoix County by visiting local law enforcement agencies to request and inspect the arrest records they maintain in person. Agencies typically do not charge individuals for the in-person inspection of arrest records. However, there are usually fees for ordering physical copies of an arrest record to cover the cost of reproducing those copies.

How Long Do Arrests Stay on Your Record?

Indefinitely. Michigan law does not impose a specific timeframe for arrests to remain on an individual's criminal record. Therefore, once an arrest is reported to the MSP and included in a person’s criminal record, it remains there unless it is expunged.

Nonetheless, local agencies retain arrest records in their internal files for a limited period, depending on the type of record and the retention guidelines specified in Michigan’s General Schedule for Local Law Enforcement. For example, arrest log data are kept for five (5) years, arrest records of non-criminal incidents must be held for three (3) years, and arrest records for misdemeanor incidents must be maintained for seven (7) years.

Expunge Charlevoix County Arrest Records

Expungement of an arrest record is a legal process that removes an arrest from a subject's record, making it appear as if the arrest never occurred. In Michigan, an arrest record can qualify for automatic expungement if the charges related to the arrest have been dismissed or the individual has been acquitted. Conversely, a record of an arrest that leads to a conviction may be eligible for expungement under Michigan Public Act 193 of 2020 or MCL 780.621.

According to Michigan Public Act 193 of 2020, an arrest resulting in any of the following convictions that meet the associated requirements qualifies for automatic expungement. These include:

• Any misdemeanour offense punishable by less than 92 days imprisonment ( 7 years waiting period)
• A maximum of four (4) misdemeanours punishable by 93 days or more imprisonment (7 years waiting period)
• A maximum of two (2) felonies (10 years waiting period).

On the other hand, interested individuals can petition to have their arrest record expunged under MCL 780.621, provided it does not involve certain types of offenses, including but not limited to:

• Certain traffic offences
• 2nd-degree child abuse
• 2nd-degree criminal sexual conduct
• Offences related to human trafficking
• Third-degree criminal sexual conduct
• Certain felony domestic violence offences
• Child sexually abusive material or activity offences

Eligible individuals can petition for expungement by completing either form MC 227 or form MC 227a (for misdemeanor marijuana convictions) and filing it with the appropriate court (the court that handled the case). Fortunately, there are no filing fees for petitioning for expungement. However, the expungement process can take up to eight (8) months. Interested individuals can review the Michigan Attorney General's expungement assistance webpage for additional questions and inquiries about the expungement process.

Charlevoix County Arrest Warrants

A Charlevoix County arrest warrant is a court order that directs law enforcement agencies to find and apprehend an individual suspected of committing a crime within the county. A judge or district court magistrate in Charlevoix County has the authority to issue an arrest warrant pursuant to MCL 764.1. These officials typically issue arrest warrants at the request of a law enforcement agency or prosecutor through a criminal complaint they file accusing someone of a crime. If the judge or district court magistrate finds that the criminal complaint provides sufficient reasonable cause to believe the suspect committed the alleged crime, they may issue an arrest warrant.

Do Charlevoix County Arrest Warrants Expire?

Once issued, a Charlevoix County arrest warrant never expires. It remains active throughout the warrant subject's life until it is executed or the suspect turns themselves in.