21.9Juvenile History Record Information
A.Required Juvenile History Record Information
The Michigan Department of State Police maintains criminal identification and criminal history information regarding juveniles adjudicated of or arrested for certain offenses in Michigan. MCL 28.242(1) provides that “[t]he commanding officer [of the Department of State Police] shall procure and file for purposes of juvenile identification juvenile history record information on all juveniles who have been adjudicated to have committed a juvenile offense within this state.”
MCL 28.241a(g) defines “[j]uvenile history record information” as:
“name; date of birth; personal descriptions including identifying marks, scars, amputations, and tattoos; aliases and prior names; social security number, driver’s license number and other identifying numbers; and information on juvenile offense arrests and adjudications or convictions.”
MCL 28.241a(h) defines “[j]uvenile offense” as:
“an offense committed by a juvenile that, if committed by an adult, would be a felony, a criminal contempt conviction under . . . MCL 600.2950 [or MCL] 600.2950a, a criminal contempt conviction for a violation of a foreign protection order that satisfies the conditions for validity provided in . . . MCL 600.2950i, or a misdemeanor.”
A “[m]isdemeanor” is either “[a] violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine[]” or “[a] violation of a local ordinance that substantially corresponds to state law and that is not a civil infraction.” MCL 28.241a(j)(i)-(ii).
B.Dissemination of Juvenile History Record Information
MCL 28.242a(2)-(3) governs the dissemination of juvenile history record information in response to a name-based or fingerprint-based search of the criminal history record information database.
MCL 28.242a(2) provides, in part:
“Except as provided in [MCL 28.242a(3)], all juvenile history record information that is associated with a state identification number and is supported by biometric data[1] shall be disseminated in response only to a fingerprint-based search of the criminal history record information database.”
However, MCL 28.242a(2) “does not allow the dissemination of juvenile history record information that is nonpublic or is prohibited by law from being disseminated.” MCL 28.242a(2).
MCL 28.242a(3) governs the dissemination of juvenile history record information to persons or entities “authorized to access the law enforcement information network[ (LEIN)].” MCL 28.242a(3) provides, in part:
“All juvenile history record information that is associated with a state identification number and that is supported by biometric data shall be disseminated in response to either a name-based or a fingerprint-based search of the criminal history record information database solely to a person or entity authorized to access the law enforcement information network.”
However, MCL 28.242a(3) “does not allow the dissemination of juvenile history record information that is prohibited by law[2] from being disseminated.” MCL 28.242a(3).
See Part A for additional discussion of access to juvenile records.
1 See Section 21.10 for discussion of biometric data collection.
2 Note that, unlike MCL 28.242a(2), MCL 28.242a(3) does not prohibit the dissemination of nonpublic juvenile history record information.