Emmet County Arrest Records

Law enforcement officers can execute arrests in Emmet County when they have probable cause of a person's participation in a crime or receive a warrant from the court. In Emmet County, the Sheriff’s Office is the primary law enforcement agency that maintains law and order—and also the county jail. Still, other municipal police departments perform arrests within their jurisdictions.

After an arrest is made, law enforcement agencies document the incident in an arrest record. Arrest records are often interconnected with other public records, such as Emmet County court records. As a result, researchers may come across arrest information when perusing court records.

Are Arrest Records Public in Emmet County?

Yes, arrest records are public in Emmet County. Private citizens have access to Emmet County arrest records per the Michigan Freedom of Information Act (FOIA). However, there are statutory exemptions to the type of information/records released to the public. According to the FOIA, an arrest record is exempt from public disclosure if access would:

• Expose the identity of a confidential informant
• Impede with an arrestee’s right to a fair trial
• Reveal the identity of a crime victim or juvenile
• Interfere with an ongoing investigation

What Do Public Arrest Records Contain?

Public arrest records contain unrestricted information about an individual's arrest. These records typically include the arrestee's biodata, such as their name, date of birth, gender, and race. Additionally, they contain key information about the arrest and booking process, such as the arrest date, arresting agency, and the arrestee's custody status, booking ID, mugshot, and bail details.

Emmet County Arrest Statistics

Law enforcement agencies in Emmet County report their crime statistics to the Michigan State Police as part of the Michigan Uniform Crime Reporting (UCR) Program. These statistics are publicly available in the Michigan Incident Crime Reporting Unit's (MICR) annual publications.

According to the MICR 2022 Annual Report, local law enforcement agencies in Emmet County recorded 495 arrests. Of these, 28 were for Part I offenses, while 467 were for Part II offenses. The Emmet County Sheriff’s Office performed the majority of local arrests in 2022, reporting a total of 271 arrests that year.

Find Emmet County Arrest Records

Members of the public can visit a local law enforcement agency in Emmet County to request records of departmental arrests. Such parties may be asked to pay a fee to reproduce the record. One can also check with the local Sheriff’s Office to obtain information about a detainee in jail.

To find arrestees who were sent to state prison, an individual can search the Michigan Department of Corrections (MDOC) Offender Tracking Information System (OTIS). OTIS can be used to obtain information on current inmates, parolees and probationers under supervision, and those discharged within the past three years. However, the system does not provide information on individuals who were arrested and convicted but have not yet been sentenced. Site visitors can use an offender’s name or MDOC number to search the OTIS database.

Inquirers seeking information on federal offenders may utilize the Inmate Locator provided by the Federal Bureau of Prisons (BOP). The portal has a "Find by Name" and "Find by Number" feature. Offenders no longer in BOP custody are marked as either "Released" or "Not in BOP Custody".

Free Arrest Record Search in Emmet County

Arrest records may be accessible online for free through third-party databases. These platforms often allow individuals to search for Emmet County arrest records at no initial cost by inputting an arrestee’s name into the related search fields. However, while basic results may be available for free, access to the complete database typically requires payment. Note that if a record will be used for legal purposes, it is often advisable to query an official source.

How Long Do Arrests Stay on Your Record?

Forever. An individual’s criminal history, including their arrests, typically remains on file indefinitely. Arrest records can only be removed if the subject receives a set-aside order from a court. However, such petitions can only be filed if a case qualifies for expungement under the Michigan Clean Slate Act.

Expunge Emmet County Arrest Records

The expungement process in Michigan, governed by the Michigan Clean Slate Act (MCL Sections 780.621 to 780.624), allows individuals to petition a court to set aside their arrest and criminal records under specific conditions. Setting aside an arrest record means the arrest will be treated as though it never happened, although the record may be accessible in limited circumstances, such as if the individual commits another crime.

Individuals may petition a court in Emmet County to set aside their arrest record if:

• No charges were pursued, or the charges were dropped/dismissed
• A conviction was entered by the court, but not for the following:
  • A felony punishable by life imprisonment
  • Human trafficking or terrorism-related crimes
  • Serious traffic offenses involving injury, death, or commercial licenses (with some exceptions for first-time violations)
  • Offenses related to child abuse, elder abuse, criminal sexual conduct, or child pornography

Eligible individuals must have completed the respective waiting periods for all offenses they wish to set aside:

• Minor misdemeanors: 3 years after completing the sentence.
• Serious misdemeanors: 5 years after sentence completion.
• Felonies: 7 years after completing the sentence, parole, or probation

Misdemeanor convictions with a sentence of up to 92 days and some felony convictions may qualify for automatic expungement 7 years and 10 years after sentence completion, respectively. More information about expungements is available on the state attorney general's Expungement Assistance web page.

Emmet County Arrest Warrants

Arrest warrants in Emmet County grant peace officers the authority to apprehend and detain individuals accused of committing offenses within the county. An arrest warrant is issued after a formal complaint is filed, alleging the accused's violation of a law. This complaint must be sworn under oath before a magistrate or court clerk, who then reviews it to determine if probable cause exists to proceed.

In some cases, a summons may be issued as an alternative to a warrant; however, an arrest warrant is typically approved under the following circumstances:

• The accused is unlikely to respond to a summons
• The offense involves domestic violence or an assaultive crime
• The prosecutor specifically requests a warrant
• Public safety concerns necessitate issuing a warrant instead of a summons

Emmet arrest warrants include a defendant's name, the offense charged, the county of issuance, and the name and signature of the issuing official.

Do Emmet County Arrest Warrants Expire?

No. Any arrest warrant issued in Emmet County remains active until executed by the police. Under Michigan law, an arrest warrant does not automatically become invalid due to a failure to execute it. However, it can be voided under certain circumstances, such as:

• The suspect's death
• The suspect's voluntary appearance in court
• A court's recall of the warrant, typically because of a technical defect or lack of probable cause