McElroy v. Michigan State Police Criminal Justice Information Center

SAAD, PJ.

I. NATURE OF THE CASE

This case presents an issue of first impression: whether a person who participates in a diversionary program under MCL 769.4a and ultimately has his or her charges dismissed is entitled to have his or her fingerprint card, arrest card, and description destroyed under MCL 28.243(8). We agree with defendant, Michigan State Police Criminal Justice Information Center, that it does not have a clear legal duty under MCL 28.243(8) to return or destroy the documents because plaintiff, Marvin McElroy, has not shown that the dismissal was a finding of not guilty.…