Delta County Arrest Records

In Delta County, committing an offense or violating a county ordinance can lead to an individual's arrest. Arrests are one of the primary actions law enforcement officers can take to maintain law and order in the county. Generally, a peace officer can arrest an individual when they possess an arrest warrant or without a warrant in certain situations under MCL Section 764.15.

After arrests occur within the county, Delta County arrest records are created by arresting agencies. These records are law enforcement agencies' records that document arrests. These records typically include the arrestee's details, description of the offense, and other essential information about the arrest. Due to the wealth of information these records contain, they are utilized by government agencies to create certain reports and records. This includes Criminal History Records generated and maintained by the Michigan State Police Criminal Justice Information Center and the Michigan Incident Crime Reporting (MICR) Annual Reports. Also, arrest information may be found in Delta County Court Records when an arrest results in a court case.

Are Arrest Records Public in Delta County?

Yes. Michigan's Freedom of Information Act (FOIA), codified in MCL Section 15.231 et seq, grants everyone the right to access complete information concerning the statutory functions of public bodies. As a result, arrest records preserved by the Delta County law enforcement agencies and other agencies in Michigan are considered public and accessible to all persons. However, individuals incarcerated in state or local correctional facilities are stripped of their FOIA rights.

Furthermore, the FOIA is not absolute. MCL Section 15.243 lists several exemptions to the FOIA that can warrant public bodies, like law enforcement agencies, to withhold their records. For instance, law enforcement records whose release may interfere with law enforcement proceeds, deprive a person of a fair trial or impartial administrative adjudication, or constitute an unwarranted invasion of privacy may be exempt.

What Do Public Arrest Records Contain?

Information interested persons can expect public arrest records to contain in Delta County include the following:

• The arrestee's personal information;
  • Full name
  • Date of birth
• The arrestee's physical features;
  • Height
  • Weight
  • Gender
  • Race
  • Age
  • Eye and hair color
• Arrest specifies;
  • The arrest date, time, and location
  • The arresting agency and officer's information
• Booking details:
  • The arrestee's booking number
  • Mugshot
  • Booking date and time
  • Booking facility
• Offense details;
  • Type of offense (i.e., felony or misdemeanor)
  • Criminal charges
• Release information (if applicable);
  • bond type and amount

Delta County Arrest Statistics

Arrest data retrieved from the FBI's Crime Data Explorer (CDE) reveals that there were 849 and 865 arrests in Delta County in 2023 and 2022, respectively. For both years, the Escanaba Police Department recorded the most arrests, with 463 in 2023 and 526 in 2022. Generally, of the county's 2023 arrest data, 574 were for male offenders and 272 for female offenders. Additionally, arrests of adult and juvenile offenders were 753 and 96, respectively.

Find Delta County Arrest Records

In Delta County, local law enforcement agencies, like the Delta County Sheriff's Office, are the primary custodians of arrest records. Therefore, interested persons can contact these agencies to access or request arrest records. These agencies typically offer different avenues for record seekers to access arrest records. In most cases, record seekers can visit an agency in person during regular office hours to request arrest records.

To facilitate their requests, record seekers are generally required to provide sufficient details about the desired arrest record to assist the custodian agency in identifying the requested record. These details include the incident's date, location, and the arrestee's name. Note that local law enforcement agencies in Delta County can only provide records for arrests they are responsible for making. Hence, record seekers must first ascertain the arresting agency before requesting a Delta County arrest record.

Suppose an individual was arrested and booked into Delta County Correctional Facility. In that case, interested persons can find information about the arrestee by searching through the county's inmate search portal. The portal is free to use and can be searched by inmate name or booking number.

Free Arrest Record Search in Delta County

Under MCL Section 15.234, public bodies can charge a fee for public records. As a result, local law enforcement agencies in Delta County may charge record seekers a fee for processing record requests or providing copies of arrest records. Nonetheless, interested persons may be able to inspect arrest records for free in person at local law enforcement agencies. Record seekers can also search for information about arrestees booked into Delta County Correctional Facility for free through the County's inmate search portal.

How Long Do Arrests Stay on Your Record?

Forever. After a local law enforcement agency in Delta County creates an arrest record, the agency typically preserves the record and reports it to other government entities as needed. The retention periods that local law enforcement and other relevant government agencies must maintain these records vary. For instance, according to Michigan's General Schedule for Local Law Enforcement Records, arrest log data are retained for five 5 years from the year the data was created. Meanwhile, misdemeanors and felony arrest records are retained for 15 years and 30 years, respectively.

Note that although a local law enforcement agency may no longer retain an arrest record, other government entities may still hold it. The only way interested persons can completely remove an arrest from their record is to obtain an expungement order for the arrest record.

Expunge Delta County Arrest Records

Expungement, also known as setting aside, is a legal process that removes a specific criminal record from public view. In Delta County, some criminal records may qualify for automatic expungement, while others may require petitioning a court for an expungement order.

Generally, records of arrests that result in an acquittal or dismissal of charges qualify for automatic expungement. Meanwhile, arrests that result in a conviction may qualify for automatic expungement after certain waiting periods under Michigan Public Act 193 of 2020. These include convictions for:

• Misdemeanor offenses punishable by less than 92 days imprisonment
  • Waiting period - seven (7) years
  • Limit - no limit
• Misdemeanors punishable by 93 days or more imprisonment
  • Waiting period - 7 years
  • Limit - maximum of four (4)
• felonies
  • 10 years
  • Limit - maximum of two (2)

Meanwhile, individuals whose records are ineligible for automatic expungement can petition a court of appropriate jurisdiction for an expungement order, provided they meet the eligibility requirement under MCL Section 780.621. To do this, interested persons can complete MC 227a (for misdemeanor marijuana convictions) or MC 227 (for other eligible convictions) forms. Next, file the completed form with the Delta County Circuit or District Court at:

Delta County Building
310 Ludington St,
Escanaba, MI 49829

Fortunately, there is no fee for filing an expungement petition, but the expungement process can take up to eight (8) months.

Delta County Arrest Warrants

A Delta County arrest warrant is a court order that commands law enforcement officers to arrest a specific person for an offense they allegedly committed. Per MCL Section 764.1, a judge or district magistrate can issue an arrest warrant pursuant to a criminal complaint if they find reasonable cause under MCL Section 764.1a to believe the prospective arrestee committed an offense. According to Michigan Court Rules 6.102, an arrest warrant must contain:

• The accused's name (if known) or identifying name or description
• Description of the offense the accused is charged with
• Command directed to a peace officer or other authorized person to arrest and bring the accused before a judicial officer
• The issuing court's signature.

Do Delta County Arrest Warrants Expire?

No. Delta County arrest warrants never expire and remain active until the accused gets apprehended or dies. Nonetheless, the issuing court may recall or quash a warrant.