Michigan Laws 764.26a – Dismissal of charges before trial; requirements; receipt of order
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Terms Used In Michigan Laws 764.26a
- Arrest: Taking physical custody of a person by lawful authority.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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 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 be expunged or destroyed, or both, as appropriate.
(ii) Any entry concerning the charge shall 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 be expunged or destroyed.
(2) The department of state police shall comply with the requirements listed in subsection (1) upon receipt of an appropriate order of the district court or the circuit court.