Summary of Fingerprinting and Reporting Procedures to Michigan State Police - Criminal Justice Information Center

1999 PA 266, MCL 28.243, effective 12/29/99,
in conjunction with MCL 769.16a

Adoption by Reference of Michigan Vehicle Code

Penalty / Offense

State Law Violations

Local Ordinance Violations

90 Day Misd.

No requirement for law enforcement to print except as provided in MCL 28.243 and 769.16a⁽¹⁾.

No requirement for courts to report disposition to MSP except as provided in MCL 28.243 and 769.16a.⁽¹⁾

If prints were taken but there is no conviction, prints shall be returned to defendant. [MCL 28.243(6)]

No requirement for law enforcement to print except as provided in MCL 28.243 and 769.16a.⁽¹⁾

No requirement for courts to report disposition to MSP except as provided in MCL 28.243 and 769.16a.⁽¹⁾

If ordered by the court, convictions shall be reported to MSP. [MCL 769.16a(3)] Prints and conviction must be sent together to MSP. Courts may follow the procedure established in MCL 28.243(2) and forward a copy of the disposition to law enforcement who shall send the prints and conviction to MSP. Prints must include statutory citation for the state law to which the local ordinance substantially corresponds. [MCL 28.243(2)]

If prints were taken but there is no conviction, prints shall be returned to defendant. [MCL 28.243(6)]

DWLS 1st

( 93 Day Misd.)

No requirement for law enforcement to print.

1999 PA 266 revised MCL 28.243(1) and specifically exempts DWLS 1st from mandatory printing requirements. No change was made to 769.16a(1), which requires court to report dispositions⁽²⁾, however MSP will not post disposition without prints, and will not retain court's disposition document for this offense if received without prints.

If prints were previously submitted with CTN ⁽³⁾, court must submit disposition to MSP.

If prints were taken but not previously submitted with CTN, disposition and prints may be sent to MSP. Courts may either submit the disposition with fingerprints to MSP or follow the procedure established in MCL 28.243(2) and forward a copy of the disposition to law enforcement who may send the prints and disposition to MSP within 72 hours.

No requirement for law enforcement to print.

1999 PA 266 revised MCL 28.243(1) and specifically exempts DWLS 1st from mandatory printing requirements. Requirement to report convictions under 769.16a(2) did not change, however MSP will not post conviction without prints, and will not retain court's disposition document for this offense if received without prints.

If prints were taken, courts may either submit the conviction with prints to MSP or follow the procedure established in MCL 28.243(2) and forward a copy of the conviction to law enforcement who shall send the prints and conviction to MSP. Prints must include statutory citation for the state law to which the local ordinance substantially corresponds.

If prints were taken but there is no conviction, prints shall be returned to defendant pursuant to MCL 28.243(6).

93 Day Misd,

(Excluding DWLS 1^st)

Law Enforcement is required to take prints. Prints may be taken at arrest and forwarded to MSP within 72 hours if CTN is assigned. If prints were not taken at arrest, they must be taken in order to report disposition.⁽²⁾,

If prints were previously sent with CTN, court must submit disposition to MSP. If prints were not previously sent with CTN, court shall either forward the conviction with fingerprints to MSP, or forward a copy of the disposition to law enforcement who shall send the prints and a copy of the disposition to MSP within 72 hours.

Law Enforcement is required to take prints. Prints may be taken at arrest and held until conviction.

If convicted for any offense⁽⁴⁾ but prints were not taken at arrest, prints must be taken prior to sentencing. The court shall either forward the conviction with fingerprints to MSP, or forward a copy of the conviction to law enforcement who shall send the prints and a copy of the conviction to MSP within 72 hours. Prints must include statutory citation for the state law to which the local ordinance substantially corresponds. [MCL 28.243(2)]

If there is no conviction, fingerprints shall be returned to defendant. [MCL 28.243(6)]

1 Year Misd.

Law Enforcement is required to print at arrest and submit the prints to MSP with a CTN within 72 hours.

Courts are required to report all dispositions to MSP.⁽²⁾,

Not applicable.

Felony

Law Enforcement is required to print at arrest and submit the prints to MSP with a CTN within 72 hours.

Courts are required to report all dispositions to MSP⁽²⁾,

Not applicable.

1. MCL 28.243(11) and 769.16a(3)(a) require fingerprints and dispositions of conviction on any misdemeanor violation of the Michigan Vehicle Code or substantially corresponding local ordinance if the offense is one which would be punishable by more than 92 days as a second conviction. (As of 1/1/2000 there are no violations in the Michigan Vehicle Code meeting this requirement.)

2. On statute cases in which one or more counts carry penalties of more than 92 days, all dispositions on all counts must be reported, including orders of dismissal, acquittal and nolle prosequi.

3. Criminal Tracking Numbers (CTNs) are generally assigned by the county prosecutor upon receipt of fingerprints from law enforcement and a determination of the appropriate offense(s) to be charged.

4. If arrested for a 93-day misdemeanor but convicted of a lesser misdemeanor charge, prints must be taken and submitted with the disposition to MSP.

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