Are Wayne County Records Public?

Yes. Records created, collated, or maintained by public entities in Wayne County are considered public and can be reviewed or copied by any individual, provided the requester is not currently incarcerated in a correctional facility.

Several laws and regulations, such as the Michigan Freedom of Information Act (FOIA), regulate access to various records generated by public government agencies. Some of these regulations pertain only to specific types of records. An example is the Michigan Court Rule (MCR) 8.119, which covers access to Wayne County court records and other court case documents generated by local and state courts. Meanwhile, others, like the FOIA, cover a broader array of documents.

Generally, access to public records in Wayne follows the stipulations of the specific legislation that affects each particular type/category of record.

What is Exempted Under the Michigan Public Records Act?

When a record is excluded from the Michigan Public Records Act (or FOIA), it indicates that the legal provision allowing individuals to request access to records does not extend to that particular record, rendering it inaccessible.

Documents or portions thereof shielded from public access in Michigan include trade secrets, personally identifying data, confidential communications between government entities or other organizations, investigatory law enforcement records, health-related documents, and records of minors. Other public record exemptions can be reviewed in the Michigan Attorney General's Freedom of Information Act Handbook (pp. 14-19) or MCL 15.243

Access to these confidential records is restricted to those with legal authorization. This means that, aside from the parties directly involved in the matter, only individuals granted permission by a court order may retrieve such records.

Wayne County Public Record Search

Understanding which agency maintains a specific public record, the medium through which the agency provides records access, and any special conditions for making record inquiries at a particular agency is the foundation for conducting an effective public record search in Wayne County.

Before initiating a search, individuals should first identify the agency with custody of the record they seek. For example, the Wayne County Clerk is responsible for maintaining and disseminating circuit court records. The Clerk also maintains a central archive for the non-active records of all county departments.

Public entities that manage public records offer several accessible methods, including the following:

• Online: Records may be available on agency-maintained databases, allowing individuals to retrieve them from anywhere with internet access. Online access is often the most convenient method of record retrieval, as it eliminates the need to visit or mail correspondence to a particular office. Online searches can typically be achieved with a name or record number.
• Onsite: This method is effective for complex or extensive searches and may appeal to those who prefer a more hands-on experience. Additionally, some records are exclusively available in person at an agency's office.
• Mail: This approach usually requires filling out a request form (or drafting a request letter) and sending it to the appropriate department, along with the applicable records fee and a self-addressed stamped envelope.

Record inspection requests made to governmental entities are typically free; however, obtaining a record's copy may involve a fee.

Find Public Records For Free in Wayne County

In addition to government agencies, private repositories, often referred to as third-party aggregator websites, serve as alternative sources of public records. These sites typically operate for profit, but conducting basic searches at no charge is still possible.

One notable advantage of a third-party site is the immediate availability of records. Users can also access extensive collections of public records on these sites, allowing for a more comprehensive search, which is particularly beneficial to those who prefer not to visit or contact multiple government agencies. Moreover, if a requester is uncertain about the exact details of a public record, they can conduct a broad search first and refine their results based on the findings.

However, third-party access is not without its disadvantages. Firstly, there is a risk of inaccurate or incomplete information. Additionally, these sources cannot provide confidential information or authenticate records.

How to Remove Information From Public Records Free

Certain information is automatically sealed or redacted from public records per the Michigan Freedom of Information Act. However, individuals who find their sensitive personal information in public records can petition the appropriate agency custodian (i.e., the agency that holds the record). The relevant application procedures can be obtained from the respective agency.

On the other hand, if the information pertains to a criminal matter, the appropriate procedure is called an expungement, and it is only available to persons deemed eligible under Michigan law. Individuals seeking to have their records, or parts thereof, expunged can find useful information on the Office of the Attorney General's Expungement Assistance website.

Applicants should remember that while the law specifies eligibility for expungement, it is ultimately up to the court to decide whether to grant or deny an expungement.

Who Can Access Wayne County Public Records in Michigan?

Anybody can access public records in Wayne County, Michigan, so long as they are not incarcerated and the documents are not confidential. There are no residency or age requirements to review or obtain Wayne County public records.

What Happens if I Am Refused a Public Records Request?

A public records request may be denied in Wayne County for the following reasons:

• The requested record is exempt from any open records legislation.
• The requested record does not exist, whether because it has been destroyed according to agency retention schedules or never existed.
• The inquiry was directed to the wrong department.

When a request is denied, the responsible agency is obligated to furnish the requester with a written explanation, citing any applicable laws. The letter must also inform the requester of their right to appeal to the head of the public agency and clarify that, should they prevail, they may be entitled to recover attorney fees and compensation for damages.

Upon receiving notification of a public records denial, the requester may appeal as instructed, articulating legitimate reasons why the agency's decision should be reversed. Alternatively, they can file a petition in court under MCL 15.240 to compel the disclosure of the record. This civil action is filed in the circuit court (or court of claims if the denial came from a state public body) and must be filed within 180 days of the denial.