Clare County Arrest Records

Clare County Arrest records are the official records that document a person's history of being detained by law enforcement. These records do not confirm the guilt of the person arrested but only reflect the arrest incident. Arrest records in Clare County, Michigan, are primarily generated by the Clare County Sheriff's Office and the City of Clare Police Department, which have jurisdiction within the City of Clare, not the entire county. Persons arrested in Clare County are held at the Clare County Jail, operated by the Clare County Sheriff's Office.

Note: Arrest records may be available when requests for Clare County Court Records are made, as court records include records from the arrest to the case's conclusion in court.

Are Arrest Records Public in Clare County?

Clare County arrest records are public records, as provided under the Michigan State Freedom of Information Act (FOIA), which allows government-generated records to be generally public, except those records exempted by law. Section 15.243 of the Michigan Compiled Laws details the kind of records that may be exempted, and these include:

• Investigation records compiled for the use of law enforcement, whose disclosure can interfere with law enforcement proceedings
• Personal information whose public disclosure can lead to the invasion of a person's privacy
• Investigation records that can disclose the identity of a confidential source.
• Juvenile records and mental health records

When applying for these exemptions, providing agencies can redact the information or deny access to it. However, government agencies and law enforcement can still access records that may be exempt.

The county sheriff maintains Clare County arrest records at the address below:

Clare County Sheriff's Office
225 West Main Street, Harrison
MI 48625
Phone: (989) 539-7166

Clare County Arrest Statistics

Clare County arrest data provided to the FBI by the Clare County Sheriff's Office and the Michigan State Police, Clare County, show that 855 arrests were made in the county in 2023. The arrests were for 141 violent crimes, which included 86 simple assaults, 21 aggravated assaults, five offenses against the family and children, and two sex-related offenses. There were 43 property crimes, comprising 15 larcenies or thefts, eight burglaries, five motor vehicle thefts, and two property destruction or damage instances.

Find Clare County Arrest Records

Persons detained in Clare County, Michigan, are held in the Clare County Jail, which is run by the county and managed by the Clare County Sheriff's Office. The facility is used to detain persons awaiting trial or serving a short-term sentence under county or state jurisdiction. Persons looking for inmates in Clare County can contact the Sheriff's office for more information. The Clare County Jail is at:

Clare County Jail
225 West Main Street
Harrison MI 48625
Phone: (989) 539-7166

The nearest federal prison to Clare County is the Federal Correctional Institution (FCI) in Milan, Michigan. The Federal Bureau of Prisons (BOP) Inmate Locator can be used to search for inmates in federal custody.

Clare County Arrest Records Vs. Criminal Records

Arrest records document when an individual was detained by law enforcement on suspicion of committing a crime. They include details such as the charges filed, date of arrest, and the person's name and other personal identifying information. It is important to note that an arrest does not confirm guilt but indicates that law enforcement personnel had probable cause to arrest the person.

Criminal records are also referred to as a "rap sheet". They capture the complete history of criminal convictions. A person only begins to have a criminal record when they are found guilty in a court of law through a trial process or because they pleaded guilty to the charges. Criminal records include information about the offenses, the dates of conviction, and the sentences imposed.

The primary distinction between Clare County arrest records and criminal records is in the legal outcomes they represent. Arrest records indicate suspicion that leads to detention, whereas criminal records confirm a legal conviction.

How Long Do Clare County Arrests Stay on Your Record?

In Clare County, arrest records remain on record indefinitely unless petitioners take specific actions to remove them. Michigan State has made legislative provisions to address this. For example, under Michigan Compiled Laws (MCL) 764.26a, individuals arrested but not convicted can have their records automatically removed if the charges are dismissed or found not guilty. The arrest records will be removed from the Internet Criminal History Chat Tool (ICHAT), and fingerprints and other biometric data will be expunged and destroyed. Where they are not removed automatically, they are to be removed within 69 days of dismissing a case with the prosecutor's agreement or if the prosecutor or judge does not object.

Michigan's Clean Slate laws have a provision for automatic expungement for arrests leading to a conviction. As of April 11, 2023, there are no limits on records that can be expunged when a misdemeanor was punished by less than 92 days of imprisonment. For misdemeanors punishable by 93 days or more, petitioners can not request to expunge more than four. Both scenarios require a 7-year waiting period from the date the court imposed the sentence. For felonies, no more than two offenses can be expunged, and petitioners have to wait 10 years after which comes first, between the imposition of the sentence or completion of the term of imprisonment.

Intending petitioners should note that the automatic set aside of records does not apply to convictions for an assaultive crime, serious misdemeanor, crime of dishonesty, violations related to human trafficking, and a conviction for operating a car while intoxicated, along with other traffic offenses.

Per clean slate laws, eligible juvenile records are automatically set aside and sealed after two years. Also, juvenile records will no longer be open to the public but only to the juvenile, their guardians or parents, law enforcement, and agencies responsible for juvenile custody matters.

Note that while expunged records are removed from the public view, certain government agencies can still access them under certain conditions.

Persons seeking to apply to set aside their records can start the process using the Application to Set Aside Convictions, available on the Michigan Attorney General's website. The application requires notarization and a certified record of the convictions. Petitioners must mail the application to the Michigan State Police, the court, the attorney general, and the prosecuting attorney. The application to the police should include a fingerprint card.

Clare County Arrest Warrants

Clare County arrest warrants order law enforcement to detain a person so they can appear in court to answer the charges brought against them with legal representation. Under Michigan law (MCL 764.1b), the warrant should include the accusations and identify the accused. Arrest warrants are issued after presenting probable cause before a judge based on an affidavit sworn by law enforcement officers. Clare County warrants must include the court's name, the magistrate's signature, the date of issue, and the offense.

Do Clare County Arrest Warrants Expire?

Clare County Arrest warrants do not expire. Once a judge issues the warrant showing probable cause, it will remain active in perpetuity unless:

• Law enforcement executes it, and the person is arrested or
• A court formally recalls or quashes the warrant

Note: Only a judge can recall or quash the warrant. The implication is that outstanding warrants can resurface after decades. Thus, persons who suspect or are aware of a warrant out for them should resolve it promptly through legal representation or a voluntary court appearance.