21.13Required Reporting to the Secretary of State

A.Required Abstracts

“The [Family Division] shall prepare and forward to the Secretary of State an abstract of its findings at such times and for such offenses as are required by law.” MCR 3.943(E)(6).

“[E]ach clerk of a court of record”¹ is required to keep a “full record” of every case in which an individual is charged with or cited for violating the Michigan Vehicle Code or a local ordinance substantially corresponding to a provision of the Michigan Vehicle Code. MCL 257.732(1). For certain traffic-related offenses, the clerk of the court must send an abstract of the court record to the Secretary of State.² Id. MCL 257.732(3) sets out the following requirements concerning the form and contents of the abstract:

“The abstract or report required under [MCL 257.732] must be made upon a form furnished by the secretary of state. An abstract must be certified by signature, stamp, or facsimile signature of the individual required to prepare the abstract as correct. An abstract or report must include all of the following:

(a) The name, address, and date of birth of the individual charged or cited.

(b) The number of the individual’s operator’s or chauffeur’s license, if any.

(c) The date and nature of the violation.

(d) The type of vehicle driven at the time of the violation and, if the vehicle is a commercial motor vehicle, that vehicle’s group designation.

(e) The date of the conviction, finding, forfeiture, judgment, or civil infraction determination.

(f) Whether bail was forfeited.

(g) Any license restriction, suspension, or denial ordered by the court as provided by law.

(h) The vehicle identification number and registration plate number of all vehicles that are ordered immobilized or forfeited.

(i) Other information considered necessary to the secretary of state.”³

B.Time Requirements Applicable to Required Abstracts

1.Violations of Michigan Vehicle Code

MCL 257.732(1)(a) requires the clerk to forward an abstract of the record “[n]ot more than 5 days after a conviction, forfeiture of bail, or entry of a civil infraction determination or default judgment upon a charge of or citation for violating or attempting to violate [the Michigan Vehicle Code] or a local ordinance substantially corresponding to [the Michigan Vehicle Code] regulating the operation of vehicles on highways.” A “[c]onviction” includes a finding of guilt in a juvenile adjudication or a “juvenile disposition for a violation that if committed by an adult would be a crime[.]” MCL 257.8a(a).

MCL 712A.2b(d) also requires the Family Division to forward an abstract as required under MCL 257.732 “[w]ithin 14 days after entry of a court order of disposition[.]”⁴

2.Charges Involving Operation of a Motor Vehicle While Intoxicated, While Visibly Impaired, With Unlawful Bodily Alcohol Content, or With Any Amount of Certain Controlled Substances in the Body

a.Charges Resulting in Dismissal or Acquittal

Under MCL 257.732(1)(b), the clerk must immediately forward an abstract of the record for each case resulting in dismissal or acquittal if the juvenile was charged with a violation of:

•MCL 257.625(1) (operating a vehicle while intoxicated);

•MCL 257.625(3) (operating a vehicle while visibly impaired);

•MCL 257.625(4) (causing death of another person while operating a vehicle in violation of MCL 257.625(1), MCL 257.625(3), or MCL 257.625(8));

•MCL 257.625(5) (causing serious impairment of a body function of another person while operating a vehicle in violation of MCL 257.625(1), MCL 257.625(3), or MCL 257.625(8));

•MCL 257.625(6) (person under 21 operating a vehicle with any bodily alcohol content);

•MCL 257.625(7) (operating a vehicle in violation of MCL 257.625(1), MCL 257.625(3), MCL 257.625(4), MCL 257.625(5), or MCL 257.625(8) while a person less than 16 years old is occupying the vehicle);

•MCL 257.625(8) (operating a vehicle while any amount of certain controlled substances are in the operator’s body);

•MCL 257.625m (operating a commercial vehicle with a bodily alcohol content above a specified level); or

•a local ordinance corresponding to MCL 257.625(1), MCL 257.625(3), MCL 257.625(6) or MCL 257.625(8), or MCL 257.625m.

b.Charges Involving Off-Road Recreation Vehicles or Snowmobiles

MCL 257.732(1)(c) provides that an abstract must be immediately prepared and forwarded to the Secretary of State for each case charging a violation of:

•MCL 324.81134 (operating an off-road recreation vehicle (ORV) while under the influence of alcoholic liquor and/or a controlled substance, with any amount of certain controlled substances in the body, while visibly impaired, or with an unlawful bodily alcohol content, and related offenses);

•MCL 324.82127(1) or MCL 324.82127(3) (operating a snowmobile while under the influence of alcoholic liquor and/or a controlled substance, with a blood alcohol content above a specified level, with any amount of certain controlled substances in the body, or while visibly impaired); or

•a local ordinance substantially corresponding to any of these statutory provisions.

3.Offenses Requiring Abstracts Upon Conviction

MCL 257.732(4) requires the clerk to forward an abstract of the court record upon a individual’s conviction⁵ of any of the following offenses:

•unlawfully driving away an automobile (UDAA), MCL 750.413;

•unlawfully taking or using an automobile without intent to steal, MCL 750.414;

•failure to obey a police or conservation officer’s direction to stop (“fleeing and eluding”), MCL 750.479a;

•felonious driving, former MCL 752.191⁶;

•manslaughter resulting from the operation of a vehicle⁷;

•negligent homicide resulting from the operation of a vehicle⁸;

•murder resulting from the operation of a vehicle, MCL 750.316 (first-degree murder) and MCL 750.317 (second-degree murder);

•selling or furnishing alcoholic liquor to a minor, MCL 436.1701(1), or a violation of a local ordinance substantially corresponding to MCL 436.1701(1);⁹

•minor purchasing or attempting to purchase, consuming or attempting to consume, or possessing or attempting to possess alcoholic liquor (“MIP”), and related offenses, MCL 436.1703, or a violation of a local ordinance substantially corresponding to MCL 436.1703;¹⁰ 

•knowingly making a false report of a violation or attempted violation of certain statutes governing explosives and placing foreign objects or poisons in foods, and communicating or causing the communication of the false report to any other person, knowing the report to be false, or threatening to violate any of those statutes and communicating or causing the communication of the threat to any other person, MCL 750.411a(2);

•a violation of federal motor carrier safety regulations as adopted by MCL 480.11a;

•failure to stop a school bus before crossing a railroad track, MCL 257.1857;

•an attempt to violate, a conspiracy to violate, or a violation of MCL 333.7401 to MCL 333.7461 (controlled substance offenses), or a violation of a local ordinance that prohibits conduct prohibited under those statutory provisions, unless the convicted individual is sentenced to life imprisonment or a minimum term of imprisonment that exceeds one year for the offense;

•an attempt to commit any of the above offenses;

•a violation of the Michigan Anti-Terrorism Act, MCL 750.543a et seq.;

•failure to maintain security for payment of insurance benefits as required under certain sections of the Insurance Code, MCL 500.3101, MCL 500.3102(1), and MCL 500.3103; or

•a disqualifying offense listed in 49 CFR 383.51 (governing commercial driver’s license standards).

A “[c]onviction” includes a finding of guilt in a juvenile adjudication or a “juvenile disposition for a violation that if committed by an adult would be a crime[.]” MCL 257.8a(a).

4.Conviction of Felony in Which Motor Vehicle Was Used

With the exception of felonies specified in MCL 257.732(4)¹¹ or MCL 257.319,¹² when “an individual is charged with a felony in which a motor vehicle was used,” the prosecuting attorney must include in the complaint and information a statement indicating that the individual’s driver’s license will be suspended by the Secretary of State upon a conviction if the judge finds that the conviction is for a felony in which a motor vehicle was used.¹³MCL 257.732(7). Similarly, MCL 257.732(8) provides that when “a juvenile is accused of an act, the nature of which constitutes a felony in which a motor vehicle was used,” the prosecuting attorney or Family Division must include the following statement on the petition filed in the court:

“You are accused of an act the nature of which constitutes a felony in which a motor vehicle was used. If the accusation is found to be true and the judge or referee finds that the nature of the act constitutes a felony in which a motor vehicle was used, as defined in . . . MCL 257.319, your driver’s license shall be suspended by the secretary of state.”

See also MCR 3.931(B)(7) (requiring a delinquency petition to contain the notice required by MCL 257.732, if applicable).

MCL 257.732(9) provides that “[i]f the court determines as part of the sentence or disposition that the felony for which the individual was convicted or adjudicated and with respect to which notice was given under [MCL 257.732](7) or [MCL 257.732](8) is a felony in which a motor vehicle was used, the clerk of the court shall forward an abstract of the court record of that conviction to the secretary of state.”

5.Violation of Juvenile Probation

In delinquency cases, if the Family Division finds that a juvenile has violated probation by committing a criminal offense, this finding “must not be reported to the State Police or the Secretary of State as an adjudication or disposition.” MCR 3.944(E)(3) (emphasis supplied). Additionally, “that finding must be recorded as a violation of probation only and not a finding that the juvenile committed the underlying offense.” Id.

6.Abstract and Nonpublic Record of Deferral and Probation on Charge of Minor in Possession of Alcohol (“MIP”) or Related Charge

MCL 436.1703(1) provides that a minor may not “purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, possess or attempt to possess alcoholic liquor, or have any bodily alcohol content, except as provided in [MCL 436.1703].” An MIP violation occurring after one prior judgment as defined in MCL 436.1703(17)(d) is a misdemeanor offense. MCL 436.1703(1)(b). MCL 436.1703(3) allows the deferral of proceedings and the imposition of probation, without a judgment of guilt or adjudication of responsibility, for individuals who consent to the deferral and offer a plea of guilty (criminal proceedings), or a plea of admission (delinquency proceedings), to a misdemeanor MIP violation under MCL 436.1703(1)(b). MCL 436.1703(3) further provides:

“The court shall maintain a nonpublic record of the matter while proceedings are deferred and the individual is on probation and if there is a discharge and dismissal under [MCL 436.1703(3)]. The secretary of state shall retain a nonpublic record of a plea and of the discharge and dismissal under [MCL 436.1703(3)]. These records shall be furnished to any of the following:

(a) To a court, prosecutor, or police agency on request for the purpose of determining if an individual has already utilized [MCL 436.1703(3)].

(b) To the department of corrections, a prosecutor, or a law enforcement agency, on the department’s, a prosecutor’s, or a law enforcement agency’s request, subject to all of the following conditions:

(i) At the time of the request, the individual is an employee of the department of corrections, the prosecutor, or the law enforcement agency, or an applicant for employment with the department of corrections, the prosecutor, or the law enforcement agency.

(ii) The record is used by the department of corrections, the prosecutor, or the law enforcement agency only to determine whether an employee has violated his or her conditions of employment or whether an applicant meets criteria for employment.”

MCL 257.732(5) likewise provides that “[t]he clerk of the court shall . . . forward an abstract of the court record to the secretary of state if an individual has pled guilty to, or offered a plea of admission in a juvenile proceeding for, a violation of . . . MCL 436.1703, or a local ordinance substantially corresponding to [MCL 436.1703], and has had further proceedings deferred under that section. If the individual is sentenced to a term of probation and terms and conditions of probation are fulfilled and the court discharges the individual and dismisses the proceedings, the court shall also report the dismissal to the secretary of state.”¹⁴

Part C: Setting Aside Juvenile Adjudications and Convictions