Roscommon County Arrest Records

An arrest is when law enforcement agents legally take an offender into custody to limit their freedom. In Roscommon County, arrests occur when there is a reasonable cause to believe an individual was responsible for a crime. This can be established based on sworn statements, factual accusations, or evidence from a judge. Law enforcement agents must arrest for violent crimes and domestic violence. They must also make an arrest when a judge is concerned that an individual may not appear before the court or is considered a public threat. 

Typically, arrestees in Roscommon County are held at the nearest detention facility until their trial, sentencing, or transfer to another facility. Roscommon County arrest records are linked to other public records, including Roscommon County court documents and criminal histories.

Are Arrest Records Public in Roscommon County?

Yes. Roscommon County arrest records are public under the Michigan Freedom of Information Act (FOIA). This implies that the public has a right to obtain comprehensive details about government operations. Consequently, interested individuals may request to access arrest records and be guaranteed unfettered access.

However, the same law provides exemptions to balance the right to know and the right to privacy and confidentiality. Under the FOIA, some records are exempt from public access. These include records connected to ongoing investigations, details about victims of sexual assault, domestic violence, or child abuse, arrest records involving minors, and documents that have been sealed or expunged.

Roscommon County Arrest Statistics

According to a 2022 report from the Roscommon County sheriff, the crime rate in the county was 27.02 crimes per 1,000 residents. The county jail held an average of 69 people daily. Property crimes happened at a rate of 5.5 per 1000 residents. The most frequent property crime arrest was for burglary, with 28 cases. Overall, there were 132 property crimes and 21 cases of aggravated assaults.

Find Roscommon County Arrest Records

To find Roscommon County arrest records, interested parties may use the Internet Criminal History Access Tool (ICHAT) provided by the Michigan State Police. The tool offers information about misdemeanor and felony arrests. Requesters are required to register and pay $10 per search. Some records are confidential under the Freedom of Information Act (FOIA) and may not be publicly available.

Some of these confidential records may be accessed by individuals who can provide a subpoena. To do this, interested parties must submit the MC 11 form to the appropriate court. The court would grant a subpoena only if there is a valid justification. Once they get the subpoena, requesters may approach the law enforcement agency to get the arrest record.

Roscommon County Arrest Records Vs. Criminal Records

Although arrest and criminal records are both maintained by law enforcement agencies, they are quite different with respect to focus, usage, and the extent of information they cover. In Roscommon County, when an individual is arrested and fingerprinted, an arrest record is generated. The record is updated whenever the individual is involved in a new incident.

An arrest record provides details about an arrest incident. It includes information about the crime, the circumstances of the arrest, and the parties involved. It does not include conviction information. On the other hand, a criminal record shows an individual's criminal history within a jurisdiction. It often includes details about arrests, court cases, and convictions from different criminal justice agencies.

How Long Do Arrests Stay on Your Record?

In most cases, arrests remain on an individual's record indefinitely in Roscommon County except they are expunged. Per Michigan state law, specifically MCL 764.26a, under certain circumstances, an arrest may be automatically removed from an individual's criminal history when the statutory waiting period has elapsed. However, if not specifically expunged, the information persists in criminal justice files and will appear during background checks on the individual.

Roscommon County Arrest Warrants

An arrest warrant is a document that permits law enforcement to arrest an individual for a specific offense legally. In Roscommon County, warrants are governed by Michigan Court Rules- Rule 6.102 and the Code of Criminal Procedure 764.1. Courts grant arrest warrants when they have probable cause. This implies that there is sufficient evidence that an individual committed a crime. A prosecutor secures a warrant by filing a complaint with a district judge. The complaint must describe the alleged crime in full and contain supporting documents. If the judge finds enough evidence, they issue the warrant.

Circumstances that necessitate an arrest warrant include cases involving acts of violence or a high flight risk. An arrest warrant is also necessary when an individual poses a threat to public safety or a prosecutor deems it necessary to file a complaint. Once the warrant is served, the officer writes a report and sends it to the court where the individual will be brought. Typically, an arrest warrant includes the suspect's identification or physical description, the alleged offense, an instruction to detain the suspect, and the terms of bail or release.

Do Roscommon County Arrest Warrants Expire?

No. Arrest warrants in Roscommon County do not have an expiration date. However, their validity is affected by how long the warrant remains unexecuted, changes in the case's disposition, and the statute of limitations. A judge may cancel a warrant if the prosecutor's office drops the charges. MCL 768.1 grants citizens the right to a speedy trial. Delays in warrant execution may constitute a violation of this right.

Expunge Roscommon County Arrest Records

Individuals with arrest records often struggle with matters requiring background checks, such as license issuance, education, employment, and visa applications. Michigan's Clean Slate law grants eligible individuals a chance for redemption to avoid living with the consequences of justice for the rest of their lives. Under this law, some arrest records are eligible for automatic expungement. Also, the individual may petition the court if they meet the conditions for expungement. Expungement limits access to the record. Essentially, it is like the arrest never happened. Yet the record remains accessible to law enforcement and the courts.

Individuals seeking to apply for expungement must verify their eligibility based on MCL 780.621. They must complete the Application to Set Aside Conviction form and get fingerprinted. Applying costs $50, and applicants must submit it to the court where they were convicted. They must also send copies to the Michigan Attorney General's Office, the Roscommon County Prosecutor's Office, and the Michigan State Police.