Clinton County Arrest Records

The Michigan Department of Corrections Policy Directive defines an arrest as the act of using authority to restrict an offender's freedom, thereby holding them in custody by legal means. In Clinton County, arrests are typically conducted per Chapter IV of The Code of Criminal Procedure when there is a reasonable cause that a person has committed a crime. This can be established through sworn testimony, factual accusations, or any other evidence provided to a magistrate. This chapter also stressed that arrests are required when dealing with assaultive crimes, domestic violence, or when a magistrate fears an individual may not show up to court with a summons or is a danger to public safety. Usually, arrestees in Clinton County are housed in the Clinton County Jail, which serves as the main detention center in the region. This facility is utilized to detain individuals waiting for trial, sentencing, or transfer to other facilities.

The primary custodian in charge of creating and maintaining arrest records in Clinton County is the law enforcement agency responsible for making the arrest, like the Clinton County Sheriff's Office or local police departments. These custodians also send arrest records to the court to be included in the more extensive public records that the judicial system keeps. Therefore, arrest records in Clinton County are directly relevant to other public records, such as court documents and criminal history files. These are available for review in Clinton County Court Records, which offer in-depth details on legal procedures, allegations, and case verdicts within the county's legal system.

Are Arrest Records Public in Clinton County?

Indeed, the state of Michigan typically considers arrest records in Clinton County public records. Michigan's FOIA law, found in MCL 15.231 et seq, states that individuals have the right to receive comprehensive details about how a public body carries out its legal duties and the overall operations of the government. This suggests that anyone may request access to arrest records with the law enforcement agency.

However, not all the information in arrest records is always available to the public. Certain parts of arrest records in Michigan may not be disclosed per Michigan Compiled Laws 15.243, including the following:

• Information that would reveal the identity of a confidential source.
• Investigative techniques or procedures used by law enforcement.
• Information that would endanger the life or safety of law enforcement personnel.
• Information that would reveal the identity of a victim of sexual misconduct.
• Records that would prejudice a public body's ability to maintain the physical security of correctional institutions.

What Do Public Arrest Records Contain?

Typically, the public arrest records in Clinton County contain the following information:

• Identity of the individual in custody: This pertains to the complete legal name of the individual.
• Time and date of arrest: The exact time and date of the arrest.
• Place of the arrest: The city, town, or any other spot where the arrest occurred.
• Agency of arrest: The agency responsible for the arrest (e.g., Clinton County Sheriff's Office, local police department).
• Allegations: The particular criminal allegations brought against the individual in custody.
• Details regarding bail: The set bail amount, if relevant, and if it has been posted.

Clinton County Arrest Statistics

The Crime Data Explorer, facilitated by the Federal Bureau of Investigation Uniform Crime Reporting, published arrest data submitted by the Clinton County Sheriff's Office, and it reveals that Clinton County witnessed 290 arrests in 2023. Of these, the highest arrest category is "Drive Under the Influence," at 20.0% (58 arrests). This is followed by "Drug/Narcotic Offenses," at 11.3% (33 arrests) and "Liquor Law Violations" at 5.2% (15 arrests).

Find Clinton County Arrest Records

Individuals can acquire Clinton County arrest records by utilizing the Michigan State Police Internet Criminal History Access Tool (ICHAT) for a criminal history background check. I-CHAT only offers details regarding misdemeanor or felony arrests in Michigan. To access this resource, users are required to register for an account and pay a $10 fee for each search.

As previously stated in this article, some arrest records in Clinton County may not be accessible to the public according to Michigan's Freedom of Information Act (FOIA), enabling law enforcement to keep these records confidential if requested.

Some of these confidential records can be accessed by requesting a subpoena, a legal order demanding a person attend court, or hand over documents. To get a subpoena, applicants are expected to submit the MC 11 form to the correct court. The court will only authorize a subpoena if there is a legitimate justification. After obtaining the subpoena, it can be delivered to the appropriate law enforcement agency to obtain the requested arrest record.

Free Arrest Record Search in Clinton County

Although no direct government resources in Clinton County provide free access to arrest records, third-party websites offer this service. These platforms generally provide user-friendly interfaces and enable users to look up arrest records by name or other pertinent criteria. However, unlike official databases, these websites do not always offer the most recent data and might charge for more functionality or in-depth details. Users must evaluate these websites' privacy policies and data security procedures to protect sensitive data.

How Long Do Arrests Stay on Your Record?

Per Michigan General Schedule #11—Local Law Enforcement, local law enforcement agencies must usually retain arrest records for 5 years after the arrest.

Expunge Clinton County Arrest Records

In Clinton County, arrest records whose charges have been dismissed or acquitted are automatically expunged from an individual's public criminal records. However, if an arrest results in a conviction, it may qualify for expungement under Michigan Public Act 193 of 2020 or Michigan Compiled Laws 780.621.

Automatic Expungement

Michigan Public Act 193 of 2020 mandates the automatic expungement of certain convictions and related records, including arrest records, after a specified waiting period. These eligible convictions include misdemeanors with a maximum punishment of less than 92 days (7-year waiting period), up to four misdemeanors punishable by 93 days or more (7-year waiting period), and a maximum of two felonies (10-year waiting period).

A Request for Expungement

MCL 780.621 permits those who are ineligible for automatic expungement to request an expungement order from a court having relevant jurisdiction. Nevertheless, some crimes cannot be expunged; they include convictions related to felony domestic violence, human trafficking, child sexual abuse material or activity violations, certain traffic offenses, second-degree child abuse, or second-degree criminal sexual conduct.Procedure for Expungement

To request an expungement order for a qualifying conviction in Michigan, interested parties may complete form MC 227 or form MC 227a (for misdemeanor marijuana convictions) and submit it to a court with the proper jurisdiction. An expungement application can be submitted for free, but the procedure may take up to 8 months. Those interested may visit the Expungement Assistance page of the Michigan Attorney General.

Clinton County Arrest Warrants

An arrest warrant is a formal paper a court provides allowing law enforcement to detain someone for a particular offense. The Michigan Court Rules - Rule 6.102 and The Code of Criminal Procedure 764.1 highlight the rules and procedures guiding arrest warrants in the county. In Clinton County, like anywhere in Michigan, arrest warrants are given when there is probable cause, indicating the court's belief that there is enough evidence supporting the suspicion of the individual's involvement in a crime. To secure an arrest warrant, a prosecutor needs to submit a complaint to a judge or magistrate at the district court. The complaint must contain sufficient details regarding the alleged offense and supporting documentation. The court or magistrate will authorize the arrest warrant if sufficient evidence is found.

Arrest warrants may be required in cases involving acts of violence, individuals believed to be flight risks, those who pose a threat to public safety, or at the prosecutor's request. While warrants are typically used for severe offenses, summonses are generally issued for minor crimes. An arrest warrant can only be carried out by a peace officer or another authorized person. After carrying out the warrant, the officer must complete a report on it and submit it to the court where the detained person will be brought. A typical arrest warrant includes the following details:

• Accused's identity: Identification of the person being accused, if available.
• Offense description: The specific wrongdoing that the defendant is allegedly guilty of.
• Order for apprehension: Instruction for a police officer to detain the suspect.
• Court Information: Details about the court that issued the warrant and the judge who authorized it.

Sometimes, an arrest warrant might contain a temporary bail provision. This allows the defendant to be released from custody before their court date by paying bail.

Do Clinton County Arrest Warrants Expire?

Clinton County arrest warrants do not expire, but their validity can be impacted by factors like how long they go unexecuted, changes in case circumstances, statute of limitations expiration, or a court order canceling the warrant.