Review and Expunction of Central Registries and Reporting Records - Michigan

Date: May 2018

Right of the Reported Person to Review and Challenge Records

Citation: Comp. Laws § 722.627(4)-(6)

If the Department of Human Services classifies a report of suspected child abuse or child neglect as a central registry case, the department shall maintain a record in the central registry and, within 30 days after the classification, shall notify in writing each person who is named in the record as a perpetrator of the child abuse or child neglect. The notice shall set forth the person's right to request expunction of the record and the right to a hearing if the department refuses the request. The notice shall not identify the person reporting the suspected child abuse or child neglect.

A person who is the subject of a report or record made under this act may request the department to amend an inaccurate report or record from the central registry and local office file. A person who is the subject of a report or record made under this act may request the department to expunge from the central registry a report or record by requesting a hearing. A report or record filed in a local office file is not subject to expunction except as the department authorizes, if considered in the best interests of the child.

A person who is the subject of a report or record made under this act may, within 180 days from the date of service of notice of the right to a hearing, request the department hold a hearing to review the request for amendment or expunction. If the hearing request is made within 180 days of the notice, the department shall hold a hearing to determine by a preponderance of the evidence whether the report or record in whole or in part should be amended or expunged from the central registry. The hearing shall be held before a hearing officer appointed by the department and shall be conducted as prescribed by the Administrative Procedures Act of 1969. The department may, for good cause, hold a hearing under this subsection if the department determines that the person who is the subject of the report or record submitted the request for a hearing within 60 days after the 180-day notice period expired.

When Records Must Be Expunged

Citation: Comp. Laws § 722.627(7)

If the investigation of a report does not show child abuse or child neglect by a preponderance of evidence, or if a court dismisses a petition because the petitioner has failed to establish that the child comes within the jurisdiction of the court, the information identifying the subject of the report shall be expunged from the central registry.

If a preponderance of evidence of abuse or neglect exists, or if a court takes jurisdiction of the child, the department shall maintain the information in the central registry as follows:

  • For a person listed as a perpetrator in category I or II under § 722.628d, either as a result of an investigation or as a result of the reclassification of a case, the department shall maintain the information in the central registry for 10 years.
  • For a person listed as a perpetrator in category I or II that involved any of the circumstances listed in § 622.637(1), including severe physical injury, or exposure or contact with methamphetamine manufacture; or § 722.638(1), including abandonment, criminal sexual conduct, torture, life-threatening injury, murder, or attempted murder, the department shall maintain the information in the central registry until the department receives reliable information that the perpetrator of the abuse or neglect is dead.

For a person who is the subject of a report or record made under this act before March 31, 2015, the following applies:

  • For a person listed as perpetrator in category I or II, the department may remove the information in the registry after 10 years without a request for amendment or expunction.
  • For a person listed as a perpetrator in category I or II that involved any of the circumstances listed in § 722.637(1) or 722.638(1), the department shall maintain the information in the central registry until the department receives reliable information that the perpetrator of the child abuse or child neglect is dead.