Review and Expunction of Central Registries and Reporting Records - Michigan

Right of the Reported Person to Review and Challenge Records
Citation: Comp. Laws § 722.627j(7)-(10)

An individual who is the subject of a report or record made under this section may request the Department of Human Services amend an inaccurate report or record from the central registry and local office file. This subsection does not apply to an individual for which the court has entered an order of conviction for a crime against a child.

If the department denies the request to amend a report, an individual who is the subject of a report or record 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.

When Records Must Be Expunged
Citation: Comp. Laws § 722.627j(4)-(5), (11)

No more than once every 10 years after an individual has been placed on the central registry, the individual may make a motion to the convicting court to request removal from the central registry. In a hearing on this motion, the individual is presumed to be a risk to children, and the burden is on the individual requesting to be removed from the central registry. If the individual demonstrates that the presumption is unreasonable, the court shall request that the department remove the individual from the central registry.

Except as otherwise provided in this section, the department must maintain the information in the central registry until the department receives reliable information that the perpetrator is dead.

No more than once every 10 years after an individual has been listed on the central registry, the individual may request a hearing regarding removal from the central registry. Except for confirmed sexual abuse or confirmed sexual exploitation, the department must hold a hearing to determine whether the information should be maintained on the central registry. In this hearing, the individual is presumed to be a risk to children and the burden of proof is on the individual requesting to be removed from the central registry.

If the individual demonstrates by a preponderance of the evidence that the presumption is unreasonable, then the information must be expunged from the central registry. The facts and circumstances as determined by the department or an administrative law judge on review of the department's decision that resulted in the individual originally being placed on the central registry are not subject to review. The administrative law judge shall consider the facts and circumstances in the years since the individual was listed on the central registry that bear on the assessment of the individual's risk to children in the future. This subsection does not apply to an individual for which the court has entered an order of conviction for a crime against a child.