1.41Abstracts of Convictions

“Each municipal judge and each clerk of a court of record shall keep a full record of every case in which an individual is charged with or cited for a violation of [the MVC] or a local ordinance substantially corresponding to [the MVC] regulating the operation of vehicles on highways[.]” MCL 257.732(1).

“Except as provided in [MCL 257.732(16)], the municipal judge or clerk of the court of record shall prepare and forward to the secretary of state an abstract of the court record as follows:

(a) Not 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 MVC] or a local ordinance substantially corresponding to [the MVC] regulating the operation of vehicles on highways.

(b) Immediately for each case charging a violation of [MCL 257.625(1) or MCL 257.625(3)-(8)] or [MCL 257.625m] or a local ordinance substantially corresponding to [MCL 257.625(1), MCL 257.625(3), MCL 257.625(6), or MCL 257.625(8) or MCL 257.625m] in which the charge is dismissed or the defendant is acquitted.” MCL 257.732(1)(a)-(b).1 

“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 . . . license, if any.

(c) The date and nature of the violation.

(d) The type of vehicle driven at the time of the violation[.]

(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.” MCL 257.732(3).

Certain offenses do not require submission of an abstract. See MCL 257.732(16). “Except for controlled substances offenses described in [MCL 257.732(4)], the court shall not submit, and the secretary of state shall discard and not enter on the master driving record, an abstract for a conviction or civil infraction determination for any of the following violations:

(a) The parking or standing of a vehicle.

(b) A nonmoving violation that is not the basis for the secretary of state’s suspension, revocation, or denial of an operator’s . . . license.[2]

(c) A violation of [MCL 257.201 et seq. (administration, registration, certificate of title)] that is not the basis for the secretary of state’s suspension, revocation, or denial of an operator’s . . . license.[3]

(d) A pedestrian, passenger, or bicycle violation, other than a violation of [MCL 436.1703(1) or MCL 436.1703(2) (minor in possession)], or a local ordinance substantially corresponding to [MCL 436.1703(1) or MCL 436.1703(2)], or [MCL 257.624a or MCL 257.624b (transporting or possessing open alcohol)] or a local ordinance substantially corresponding to [MCL 257.624a or MCL 257.624b].

(e) A violation of [MCL 257.710e (safety belt requirements)] or a local ordinance substantially corresponding to [MCL 257.710e].

(f) A violation of [MCL 257.328(1) (proof of insurance)] if, before the appearance date on the citation, the individual submits proof to the court that the motor vehicle had insurance meeting the requirements of . . . MCL 500.3101 and [MCL 500.3102], at the time the citation was issued. Insurance obtained subsequent to the time of the violation does not make the violation an exception under this subsection.

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(h) A violation of [MCL 257.311 (operator’s license in immediate possession)] if the individual was driving a noncommercial vehicle and, before the court appearance date or the date fines are to be paid, the individual submits proof to the court that the individual held a valid driver license on the date the citation was issued.” MCL 257.732(16).

“Except as provided in [the MVC] and notwithstanding any other provision of law, a court shall not order expunction of any violation reportable to the secretary of state under [MCL 257.732].” MCL 257.732(22).

Upon receipt of an abstract, the secretary of state must determine an individual’s eligibility to attend a basic driver improvement course. MCL 257.320d.4

1    MCL 257.732(1)(c) is not included here as it does not pertain to violations of the MVC.

2    MCL 257.732(18) requires the secretary of state to inform the trial courts “of the nonmoving violations . . . that are used by the secretary of state as the basis for the suspension, restriction, revocation, or denial of an operator’s . . . license.”

3    MCL 257.732(18) requires the secretary of state to inform the trial courts “of the . . . violations of [MCL 257.201 et seq.,] that are used by the secretary of state as the basis for the suspension, restriction, revocation, or denial of an operator’s . . . license.”

4    See Section 1.52 for more information on the basic driver improvement course requirements.