Section R. 28.5402 - Timely entry and removal of recordsRule 402.
(1) An agency shall ensure all records are immediately entered into CJIS, unless immediate entry may jeopardize a criminal investigation.(2) All records must be entered into CJIS pursuant to the procedures provided by the CSO and any applicable statute. Agencies shall ensure records are successfully entered into the appropriate CJIS.(3) An agency shall immediately remove a record from CJIS when the record is no longer valid. Agencies shall ensure records are successfully removed from the appropriate CJIS.(4) A court may enter or remove a record if there is a mutual agreement of all agencies involved.(5) Pursuant to section 26a of chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.26a, and section 3 of 1925 PA 289, MCL 28.243, upon receipt of an appropriate order entered by district or circuit court in a case in which any criminal charge resulting in an arrest is dismissed before trial, the department shall destroy and expunge the arrest record and biometric data existing because of the dismissed charge or charges and remove any LEIN entry concerning the dismissed charge or charges. As used in this subrule, an "appropriate order" is a written order that explicitly directs the department to destroy and expunge the arrest record and biometric data and remove any LEIN entry concerning the charge or charges dismissed before trial and identifies the charged individual and the applicable case number.(6) A record may be removed from CJIS if the CSO has a substantial question concerning the record's validity or accuracy. Immediately upon the removal of any record, the CSO shall notify the entering agency of the action taken.Mich. Admin. Code R. 28.5402
1981 AACS; 2009 AACS; 2021 MR 5, Eff. 3/19/2021