Bill Text: MI HB6256 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Criminal procedure: expunction; sealing of arrest record when an individual is not charged or is not convicted; require. Amends sec. 26a, ch. IV of 1927 PA 175 (MCL 764.26a). TIE BAR WITH: HB 6255'20
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2020-09-24 - Bill Electronically Reproduced 09/23/2020 [HB6256 Detail]
Download: Michigan-2019-HB6256-Introduced.html
HOUSE BILL NO. 6256
September 23, 2020, Introduced by Reps. Bolden,
Calley and Sabo and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 26a of chapter IV (MCL 764.26a), as added by 2018 PA 65.
the people of the state of michigan enact:
Sec. 26a. (1) If an individual is arrested for any
crime and the charge or charges are dismissed before trial, both of the
following apply:
(a) The arrest record shall must be removed from the internet
criminal history access tool (ICHAT).
(b) If the prosecutor of
the case agrees at any time after the case is dismissed, or if the prosecutor
of the case or the judge of the court in which the case was filed does not
object within 60 days from the date an order of dismissal was entered for cases
in which the order of dismissal is entered after the effective date of the
amendatory act that added this section, all of the following apply:
(i) The arrest record, all biometric data, and fingerprints shall must be expunged or
destroyed, or both, as appropriate.
(ii) Any entry
concerning the charge shall must be removed from
LEIN.
(iii) Unless a DNA
sample or profile, or both, is allowed or required to be retained by the
department of state police under section 6 of the DNA identification profiling
system act, 1990 PA 250, MCL 28.176, the DNA sample or profile, or both,
obtained from the individual shall
must be
expunged or destroyed.
(a) The arrest
record must be removed from the internet criminal history access tool (ICHAT).
(b) Any other
document or record generated in connection with the charge or charges in the
possession of a law enforcement agency must be made nonpublic.
(3) If an individual
is arrested for any crime and is not charged with a crime as a result of the
arrest before the expiration of the applicable period of limitation under
section 24 of chapter VII, both of the following apply:
(a) The arrest record must be removed from the internet
criminal history access tool (ICHAT).
(b) Any other document or record generated in
connection with the charge or charges in the possession of a law enforcement
agency must be made nonpublic.
(4) (2) The department of state police shall comply
with the requirements listed in subsection (1) or (2), as applicable, upon receipt of an
appropriate order of the district court or the circuit court.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6255 (request no. 07595'20 a) of the 100th Legislature is enacted into law.
