Are Macomb County Records Public?

Yes. Many records maintained by public agencies in Macomb County are accessible to the public under the Michigan Freedom of Information Act (FOIA). Per MCL §15.232, a "public record" is defined as any writing created, owned, used, possessed, or retained by a public body in the performance of an official function. This includes all forms of recording, such as printing, handwriting, typing, photographing, and photocopying, as well as words, sounds, symbols, letters, pictures, maps, microfilm, papers, hard drives, tapes, and discs.

However, under MCL §15.232(h)(iv), the FOIA does not apply to records maintained by the judiciary. Instead, access to Macomb County court records is governed by MCR 8.119(H).

What is Exempted Under the Michigan Public Records Act?

The Michigan Freedom of Information Act (FOIA) grants public access to certain records maintained by local and state government bodies. It encourages these bodies to allow individuals to inspect, examine, or copy public records, provided the requester submits a written request describing the records sought. However, the Act and related public records laws also specify categories of information exempt from public disclosure (MCL §15.243), including:

• Trade secrets
• A person’s Social Security Number
• Records detailing a public body’s security measures
• Records regarding victims of sexual misconduct
• Counseling, medical, or psychological facts or evaluations
• Information revealing the specific location of an archaeological site
• Personal information whose release would constitute an invasion of privacy
• Information obtained by a public body under a promise of confidentiality
• Attorney-client, physician-patient, or psychologist-patient privileged material
• Records of campaign committees (including those benefitting from state campaign funds)
• Academic transcripts at higher education institutions pertaining to students with delinquent financial obligations
• Communications or notes of an advisory nature within or between government agencies
• Bids or proposals before they are publicly opened or the submission deadline has passed
• Examination instruments (such as scoring keys, test questions, and answers) for academic, licensing, or public employment purposes
• Real property appraisals before an agreement is finalized or three years have passed (absent ongoing litigation)
• Records of law enforcement communication codes or deployment plans whose disclosure could compromise public safety
• Investigatory records whose disclosure would interfere with legal proceedings, reveal confidential sources or investigative techniques or endanger police officers
• Records that would compromise security in penal institutions housing individuals convicted of a crime or those with mental disabilities
• Law enforcement agency records that would identify informants or undercover officers/agents or reveal personal contact information of active or retired officers

Under MCL §15.244, a public body must separate the exempt material from nonexempt material and release the nonexempt portions to the public. Access to exempt records is limited to select persons and institutions, such as the subject of the records, their attorneys, and government authorities that require the information for official purposes.

Macomb County Public Records Search

To conduct a public record search in Macomb County, individuals may begin by visiting the official website of the agency responsible for maintaining the desired records. Most agencies provide instructions on requesting records and often offer multiple methods—online, by mail, fax, email, or in person. For instance, the Macomb County Clerk’s office allows people to obtain court records online, via fax or mail (using the designated request form), or in person at the courthouse. Under MCL §15.234, the public record custodian (or relevant clerk's office) may charge a fee for a record search based on labor costs. Furthermore, MCL §15.235 requires public bodies to respond to case record requests within five business days.

Find Public Records For Free in Macomb County

Most record custodians in Macomb County have online databases where members of the public can find public records for free. For example, the Macomb County Sheriff’s Office provides free access to inmate records and related case documents through its online portal. However, like in most cases, inquirers are typically required to provide information related to the record of interest to find public records for free. This may include the party name, case number, date range of filing, and other relevant information.

Several third-party websites offer Macomb County public records at no cost, though these platforms often provide only limited information or search results from multiple jurisdictions. In many cases, a small fee may be required to access complete records, or extensive case search options may be restricted to registered users. Because data on third-party sites may be outdated, individuals are typically advised to verify any information obtained there against official government sources.

How to Remove Information From Public Records Free

Individuals who wish to remove their information from public records should first verify that those records are eligible for expungement or sealing under Michigan law. For instance, certain arrests can be automatically expunged at no cost if the arrestee meets the Michigan State Police’s eligibility requirements.

After confirming eligibility, requesters should visit the official website of the relevant record custodian and look for any designated form or procedure for expunging or sealing records. Most agencies provide guidance on these processes on their websites. Usually, approved expungement applications will result in the issuance of a court order, which may then be presented to the appropriate custodians, who will restrict applicable case documents from disclosure or destroy them as specified by the order.

Who Can Access Macomb County Public Records in Michigan?

Under MCL §15.233, any "person" has the right to access copies of Macomb County public records. As defined in MCL §15.232, a "person" includes individuals, LLCs, firms, associations, corporations, partnerships, organizations, governmental entities, or other legal entities—but does not include individuals incarcerated in Macomb County Jail, a Michigan State Prison, or a federal correctional facility.

However, it is worth noting that certified copies of a record or specific information may be withheld from public disclosure under specific circumstances.

What Happens if I Am Refused a Public Records Request?

Public bodies in Macomb County are required to respond to requests for public records within a reasonable time. They may deny a request if the record is exempt from disclosure or does not exist under the name provided by the requester (MCL §15.235). If a request is denied, the agency is usually required to issue a written notice explaining the denial and informing the requester of the right to either seek judicial review or submit a written appeal to the head of the public body.

If the requester prevails in a civil action against the agency, they may be awarded attorneys’ fees and damages, and the court can order the public body to release the requested records.