i
Nonpublic and Limited-Access Court Records
Contents:
● Access Security Matrix: This section applies to restricted access records for direct access and authorized web-based application and is designed
specically to assist system providers in establishing user groups and access levels and to assign an access level for each user group.
○ The matrix can be used to go directly to a particular page number and item in the Detailed Chart of Nonpublic and Limited-Access Court Records by
clicking on the item number in the matrix.
● Detailed Chart of Nonpublic and Limited-Access Court Records: This section lists various court record types to which access is limited by
statute, court order, or court rule. The chart is organized into six categories:
A. General
B. Civil and Criminal
C. Friend of the Court
D. Juvenile Code
E. Adoption and Other Family Division
F. Probate
● Glossary: This section denes certain terms in the Chart of Nonpublic and Limited-Access Court Records.
1. Case: Any action that is currently before the court or has been before the court. Cases must have a case caption and an assigned case number.
2. Case Caption: The ocial title of the case. For example, People v Smith, Jones v Jones, Smith v State of Michigan, In Re Smith.
3. Case File: A case le is the pleadings and other documents and materials related to a case.
4. Condential: Accessible only to those individuals specied by court rule or statute.
5. Department of Defense: Included in the Department of Defense are the U.S. Army, U.S. Navy (Marine Corps is part of the Navy) and U.S. Air Force.
6. Law Enforcement Agency: An entity that is established and maintained in accordance with the laws of this state and is authorized by the laws of
this state to appoint or employ law enforcement ocers. Law enforcement agency includes a public body corporate that satises both of the following
conditions:
a. Is established and maintained as a separate legal entity pursuant to an interlocal agreement under the urban cooperation act of 1967,
1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, between a city that is authorized by the laws of this state to appoint or employ law enforcement
ocers and an authority under the metropolitan transportation authorities act of 1967, 1967 PA 204, MCL 124.401 to 124.426.
b. Is authorized by the laws of this state to appoint or employ law enforcement ocers.
(MCL 28.602)
7. Duration: The time within which a court record has nonpublic or limited access status.
8. Limited Access: Access is not available except as dened by court rule or statute.
9. Nonpublic: Accessible only to the parties, their attorneys, and the court.
a. Records that are nonpublic pursuant to statute
b. Records that are nonpublic pursuant to court rule
c. Records that are nonpublic in whole or in part as a result of a court order
ii
10. Public: Accessible to anyone.
11. Record: Court records are recorded information of any kind that has been created by the court or led with the court in accordance with Michigan Court
Rules. Records include, but are not limited to, 1) documents, attachments to documents, discovery materials, and other materials led with the clerk of
the court, and 2) documents, recordings, data, and other recorded information created or handled by the court, including all data produced in conjunction
with the use of any system for the purpose of transmitting, accessing, reproducing, or maintaining court records. MCR 1.109(A)
Michigan Access Security Matrix (March 2024) User Role
This matrix applies to restricted access records for direct access and authorized web-based application users.
It is designed specically to assist system providers in establishing user groups and access levels and to
assign an access level for each user group. The matrix can also be used as a table of contents by clerks of the
court to easily locate specic record types with restricted access; details for each record can be located by the
item and page number. For policies on access to electronic records at the court and through the court’s public
website or other web-based portal see Section 2.4 of the Records Management Standards.
• Level A Access: case number, party names, case history (docket) entries, document images, copies available
upon payment of reproduction fee (when fee is permitted/applicable)
• Level B Access: access is only permitted to the specied individual or entity in accordance with statute, rule,
or other law; copies available upon payment of reproduction fee (when fee is permitted/applicable)
• Level C Access: no direct access or access through authorized web-based application
Internal Access by Authorization
of Court Where Record Exists
1. Judge
1. Judicial Assistants
1. Court Personnel
1. Clerk Personnel
Party
2. Prosecutor/City Attorney
3. Attorney of Record/GAL / L-GAL
4. Plainti/Case Petitioner
5. Defendant/Respondent/Subject of Petition
Michigan Agencies
6. Law Enforcement
7. Department of Corrections
8. MDHHS
9. Attorney General
10. Auditor General
11. Attorney Grievance Commission
12. Commission on LE Standards (MCOLES)
13. County Juvenile Agencies
14. Governor
15. Children’s Ombudsman
16. Michigan Courts
Federal Agencies
17. Department of Defense
18. Department of State
19. Department of Transportation
20. Oce of Personnel Management
21. CIA
General Public
22. Public
23. Surviving Spouse/Authorized Recipient
Access Levels for Direct Access and Authorized Web-Based Application Users
Internal Access by Authorization of Court means that access is restricted to those specic internal users whose
access is authorized by the court in accordance with statute, rule, or other law.
A = Access; access is permitted to the specied individual or entity in accordance with statute, rule, or other law. See the item # and page # for details.
B = Limited Access; access is only permitted to the specied individual or entity in accordance with statute, rule, or other law. See the item # and page # for details.
C = No Access; no access means the specic individual or entity is prohibited access under statute, rule, or other law. See the item # and page # for details.
Page 1 of 5
Document/File Level Access; D = Document, F = File/Case Party Michigan Agencies Federal Agencies Public
Applicable rules and statutes
Category Item # Page # Description (for specic details, refer to the item and page numbers) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
Adoption
E1 5-1 F Adoption
A C B B B C C C C C C C C C C C C C C C C C B MCL 710.67 and MCL 710.68
E1 5-1 D Final Order of Adoption A C B B B C C B C C C C C C B B C C C C C C B
E1 5-1 F Delayed Registration of Foreign Birth
A C B B B C C B C C C C C C B C C C C C C C B MCL 333.2830 and MCR 3.617
All Case Types
A19 1-10 D Protected Personal Identifying Information Documents A B A A A B B B B B B B B B B B B B B B B C B MCR 1.109
Civil and
General
Miscellaneous
A16 1-9 D ADA Accommodation Requests
A C C C C B B B B B C C B B C B C C C B C C C Title I, Americans With Disabilities Act (ADA)
B25 2-24 D Case Evaluation and Parties Acceptance/Rejection B C B B B C C C B B C C C C C C C C C C C C C MCR 2.403(N)(4)
A4 1-2 D Community Mental Health Treatment Records A A A B A B B B B B B B B B B B B B B B B C B MCL 330.1748, MCL 330.1748a
A17 1-9 D Condential Case Inventory (Domestic Relations/Juvenile Code) A C A A C C C C C C C C C C C C C C C C C C C MCR 3.206(A)(3), MCR 3.931(A), MCR 3.961(A)
A20 1-11 D Condential Information (Extreme Risk Protection Order) A C C A C C C C C C C C C C C C C C C C C C C MCL 691.1805(7), MCR 3.716(C)
A21 1-11 D Divorce Complaint (until POS led) A A A A A C C A C C C C C C C A C C C C C C A MCL 552.6A
A18 1-9 D Fee Waivers A C A A A C C C C C C C C C C C C C C C C C C MCR 2.002
A15 1-8 D Governor’s Pardon A A B C A A A A C C B C C C C A B B B B B C C Const 1963, Article V, § 14
A8 1-4 D Mediation Statements B B A A A B B B B B B B B B B B B B B B B B B MCR 2.411(C)(5)
A9 1-5 D Mediation Communications B B A A A B B B B B B B B B B B B B B B B B B MCR 2.411(C)(5)
A10 1-5 D Mediation Work Product B B A A A B B B B B B B B B B B B B B B B B B MCL 691.1557
B26 2-24 D Personal Protection Order A A A A A A A B A A A B A B B A B B B A B C C 18 USC 2265(d)(3) and MCR 3.705(C)
A2 1-2 D Sealed Records
A A A A A C C C C C C C C C C C C C C C C C C MCR 8.119(I)(5)
Michigan Access Security Matrix (March 2024) User Role
This matrix applies to restricted access records for direct access and authorized web-based application users.
It is designed specically to assist system providers in establishing user groups and access levels and to
assign an access level for each user group. The matrix can also be used as a table of contents by clerks of the
court to easily locate specic record types with restricted access; details for each record can be located by the
item and page number. For policies on access to electronic records at the court and through the court’s public
website or other web-based portal see Section 2.4 of the Records Management Standards.
• Level A Access: case number, party names, case history (docket) entries, document images, copies available
upon payment of reproduction fee (when fee is permitted/applicable)
• Level B Access: access is only permitted to the specied individual or entity in accordance with statute, rule,
or other law; copies available upon payment of reproduction fee (when fee is permitted/applicable)
• Level C Access: no direct access or access through authorized web-based application
Internal Access by Authorization
of Court Where Record Exists
1. Judge
1. Judicial Assistants
1. Court Personnel
1. Clerk Personnel
Party
2. Prosecutor/City Attorney
3. Attorney of Record/GAL / L-GAL
4. Plainti/Case Petitioner
5. Defendant/Respondent/Subject of Petition
Michigan Agencies
6. Law Enforcement
7. Department of Corrections
8. MDHHS
9. Attorney General
10. Auditor General
11. Attorney Grievance Commission
12. Commission on LE Standards (MCOLES)
13. County Juvenile Agencies
14. Governor
15. Children’s Ombudsman
16. Michigan Courts
Federal Agencies
17. Department of Defense
18. Department of State
19. Department of Transportation
20. Oce of Personnel Management
21. CIA
General Public
22. Public
23. Surviving Spouse/Authorized Recipient
Access Levels for Direct Access and Authorized Web-Based Application Users
Internal Access by Authorization of Court means that access is restricted to those specic internal users whose
access is authorized by the court in accordance with statute, rule, or other law.
A = Access; access is permitted to the specied individual or entity in accordance with statute, rule, or other law. See the item # and page # for details.
B = Limited Access; access is only permitted to the specied individual or entity in accordance with statute, rule, or other law. See the item # and page # for details.
C = No Access; no access means the specic individual or entity is prohibited access under statute, rule, or other law. See the item # and page # for details.
Page 2 of 5
Document/File Level Access; D = Document, F = File/Case Party Michigan Agencies Federal Agencies Public
Applicable rules and statutes
Category Item # Page # Description (for specic details, refer to the item and page numbers) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
Criminal
A5 1-3 D Condential Community Mental Health Treatment Records
A A A B A B B B B B B B B B B B B B B B B C B
MCL 330.1748, MCL 330.1750, MCL 330.2028,
and MCL 330.2030
A6 1-3 D Drug and Alcohol Screening/Treatment B B B C B C C C C C C C C C C C C C C C C C C MCL 330.1261 and MCL 330.1285
B15 2-14 D Excision of Discovery A C C C C C C C C C C C C C C C C C C C C C C MCR 6.201(D)
B24 2-21 D Firearms Records C C C C C B C C C C C C C C C C C C C C C C C MCL 28.421b
A5 1-3 D Forensic Reports A A A B A B B B B B B B B B B B B B B B B C B
MCL 330.1748, MCL 330.1750, MCL 330.2028,
and MCL 330.2030
B8 2-9 D Immunity A A C C A C C C C C C C C C C C C C C C C C C MCL 767A.8
B21 2-20 D Infectious Disease Testing A C B C A C A A C C C C C C C C C C C C C C C MCL 333.5129(6) and (7)
B12 2-10 D Plea Notication A A C C C C C C C C C C C C C C C C C C C C C MCL 780.816(1)
B16 2-13 F Probationer File A C C C B A A C A A C C C C C A B B B B B C C
MCL 791.229, MCR 8.119(E), and Howe v. Detroit
Free Press, 440 Mich 203 (1992)
B10 2-9 D Protective Orders in Criminal Cases A C C C C C C C C C C C C C C C C C C C C C C MCR 6.201(E)
A5 1-3 D Psychological Reports A A A B A B B B B B B B B B B B B B B B B C B
MCL 330.1748, MCL 330.1750, MCL 330.2028,
and MCL 330.2030
B14 2-12 F Setting Aside Conviction A B B C A B B C B C B C C B C B B B B B B C C
MCL 780.621, MCL 780.621b - MCL 780.621i,
MCL 780.623, and MCR 8.119(D)
B20 2-19 D Suppression of Names/Details (CSC victim) A A C C C A C C C C C C C C C C C C C C C C C MCL 750.520k
B11 2-10 D Victim Information
A A C C C A C C C C C C C C C C C C C C C C C MCL 780.758
Deferred Cases
B19 2-17 F Controlled Substance
A A B C A A A B C C B B C C B A B B B B B C C MCL 333.7411 and MCR 8.119(D)
B18 2-15 F Domestic Violence A A B C A A A B C C B C C C B A B B B B B C C MCL 769.4a(5); MCR 8.119(D)
B7 2-8 F Health Care Professional Practice Under Inuence A A B C A A A C C C B C C C C A B B B B B C C MCL 750.430(9)
B6 2-6 F HYTA A A B C A A A A C C B C C C C A B B B B B C C MCL 762.14(4) and MCL 762.11 to 15
B13 2-10 F Minor in Possession A B B C A B B C C C C C C C C B B B B B B C C MCL 436.1703(3)
B17 2-14 F Parental Kidnapping
A A B C A A A B C C B C C C C A B B B B B C C MCL 750.350a(4) and MCR 8.119(D)
Estates and
Conservatorship
F1 6-1 D Conservatorship: Settlement of Lawsuit
A C A A A C C C C C C C C C C C C C C C C C C
F2 6-1 D Decedent’s Estate: Settlement of Lawsuit
A C A A A C C C C C C C C C C C C C C C C C C
Family
Miscellaneous
E2 5-1 F Name Change (when ordered condential by the court)
A B B A B B B B B B B B B B B B B B B B B C B MCL 711.3 and MCR 3.613(E)
E4 5-2 F Safe Delivery of Newborns A C A A A C C C C C C C C C C C C C C C C C C MCL 712.2a
E3 5-2 F Waiver of Parental Consent for Abortion (no electronic access) B C A A
N/A
C C C C C C C C C C C C C C C C C C
MCR 3.615(B)(3) and In Re F.G., Minor,
264 Mich App 413 (2004)
E5 5-2 F Young Adult Voluntary Foster Care
A C A A
N/A
C C A C C C C C C C C C C C C C C C MCR 3.616(G)
Michigan Access Security Matrix (March 2024) User Role
This matrix applies to restricted access records for direct access and authorized web-based application users.
It is designed specically to assist system providers in establishing user groups and access levels and to
assign an access level for each user group. The matrix can also be used as a table of contents by clerks of the
court to easily locate specic record types with restricted access; details for each record can be located by the
item and page number. For policies on access to electronic records at the court and through the court’s public
website or other web-based portal see Section 2.4 of the Records Management Standards.
• Level A Access: case number, party names, case history (docket) entries, document images, copies available
upon payment of reproduction fee (when fee is permitted/applicable)
• Level B Access: access is only permitted to the specied individual or entity in accordance with statute, rule,
or other law; copies available upon payment of reproduction fee (when fee is permitted/applicable)
• Level C Access: no direct access or access through authorized web-based application
Internal Access by Authorization
of Court Where Record Exists
1. Judge
1. Judicial Assistants
1. Court Personnel
1. Clerk Personnel
Party
2. Prosecutor/City Attorney
3. Attorney of Record/GAL / L-GAL
4. Plainti/Case Petitioner
5. Defendant/Respondent/Subject of Petition
Michigan Agencies
6. Law Enforcement
7. Department of Corrections
8. MDHHS
9. Attorney General
10. Auditor General
11. Attorney Grievance Commission
12. Commission on LE Standards (MCOLES)
13. County Juvenile Agencies
14. Governor
15. Children’s Ombudsman
16. Michigan Courts
Federal Agencies
17. Department of Defense
18. Department of State
19. Department of Transportation
20. Oce of Personnel Management
21. CIA
General Public
22. Public
23. Surviving Spouse/Authorized Recipient
Access Levels for Direct Access and Authorized Web-Based Application Users
Internal Access by Authorization of Court means that access is restricted to those specic internal users whose
access is authorized by the court in accordance with statute, rule, or other law.
A = Access; access is permitted to the specied individual or entity in accordance with statute, rule, or other law. See the item # and page # for details.
B = Limited Access; access is only permitted to the specied individual or entity in accordance with statute, rule, or other law. See the item # and page # for details.
C = No Access; no access means the specic individual or entity is prohibited access under statute, rule, or other law. See the item # and page # for details.
Page 3 of 5
Document/File Level Access; D = Document, F = File/Case Party Michigan Agencies Federal Agencies Public
Applicable rules and statutes
Category Item # Page # Description (for specic details, refer to the item and page numbers) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
Friend of the
Court
C3 3-2 D Alternative Dispute Resolution (ADR) Records
B B C C C B B B B B C B C C C C C C C C C C C MCR 3.218(A)(3)(c)
C5 3-4 D Communications From Minors B B C C C B B B B B C B C C C C C C C C C C C MCR 3.218(A)(3)(d)
C2 3-1 D CPS Reports and Communications B B C C C B B B B B C B C C C C C C C C C C C MCR 3.218(A)(3)(b)
C7 3-5 D FOC Grievances and Responses B B C C C B B B B B C B C C C C C C C C C C C MCR 3.218(A)(3)(e)
C1 3-1 D FOC Records; Not Subject to Subpoena B B A A A B B B B B C B B C C B C C C C C C C MCR 3.218(A)
C4 3-3 D Information Made Condential by Court Order B B C C C B B B C C C C C C C C C C C C C C C MCR 3.218(A)(3)(f)
C6 3-4 D IV-D Information B B C C C B B B C C C C C C C C C C C C C C C MCR 3.218(A)(3)(h)
C8 3-6 D Privileged Information B B C C C B B B B B C B C C C C C C C C C C C MCR 3.218(A)(3)(g), MCR 3.219
C9 3-7 D Sta Notes
B B C C C B B B B B C B C C C C C C C C C C C MCR 3.218(A)(3)(a)
Guardianship
F3 6-1 D Developmentally Disabled (Initial Petition Report)
A C A C A C C C C C C C C C C C C C C C C C C MCL 330.1612(4)
F5 6-2 D Legally Incapacitated (Initial Petition Report) A C A C A C C C C C C C C C C C C C C C C C C MCL 700.5304(1)
A5 1-3 D Psychological Reports A A A B A B B B B B B B B B B B B B B B B C B
MCL 330.1748, MCL 330.1750, MCL 330.2028,
and MCL 330.2030
F4 6-1 D Social History of Minor
A C B B B C C C C C C C C C C C C C C C C C C MCR 5.404(A)(4)
Information
Systems
A1 1-1 F Judicial Data Warehouse (JDW)
B B C C C B B B B B B B B B B B B B B B B C C N/A
A3 1-2 D LEIN Information A C C C C C C C C C C C C C C C C C C C C C C MCL 28.214(3), (4), and (5)
A6 1-4 D SOS Driving Records
A B B B B C C C C C C C C C C C C C A C C C C MCL 257.204a(5)
Jury
A14 1-7 D Grand Jury: Docket, Journal, Transcript, etc
A B B B B B B B B B B B B B B B B B B B B B B MCL 767.6a
A14 1-7 D Grand Jury: Pre-arrest, Felony Indictment A A C C C C C C A C C C C C C C C C C C C C C MCL 767.25
A12 1-6 D Personal History Questionnaire A B B B B B B B B B B B B B B B B B B B B B B MCR 2.510(C)
A11 1-5 D Qualication Questionnaire A B B B B B B B B B B B B B B B B B B B B B B MCL 600.1315
A13 1-6 D Seated Juror Names and Addresses
A A A A A B B B B B B B B B B B B B B B B B B
People v. Mitchell (In Re Juror Names), 233 Mich
App 604 (1999)
Michigan Access Security Matrix (March 2024) User Role
This matrix applies to restricted access records for direct access and authorized web-based application users.
It is designed specically to assist system providers in establishing user groups and access levels and to
assign an access level for each user group. The matrix can also be used as a table of contents by clerks of the
court to easily locate specic record types with restricted access; details for each record can be located by the
item and page number. For policies on access to electronic records at the court and through the court’s public
website or other web-based portal see Section 2.4 of the Records Management Standards.
• Level A Access: case number, party names, case history (docket) entries, document images, copies available
upon payment of reproduction fee (when fee is permitted/applicable)
• Level B Access: access is only permitted to the specied individual or entity in accordance with statute, rule,
or other law; copies available upon payment of reproduction fee (when fee is permitted/applicable)
• Level C Access: no direct access or access through authorized web-based application
Internal Access by Authorization
of Court Where Record Exists
1. Judge
1. Judicial Assistants
1. Court Personnel
1. Clerk Personnel
Party
2. Prosecutor/City Attorney
3. Attorney of Record/GAL / L-GAL
4. Plainti/Case Petitioner
5. Defendant/Respondent/Subject of Petition
Michigan Agencies
6. Law Enforcement
7. Department of Corrections
8. MDHHS
9. Attorney General
10. Auditor General
11. Attorney Grievance Commission
12. Commission on LE Standards (MCOLES)
13. County Juvenile Agencies
14. Governor
15. Children’s Ombudsman
16. Michigan Courts
Federal Agencies
17. Department of Defense
18. Department of State
19. Department of Transportation
20. Oce of Personnel Management
21. CIA
General Public
22. Public
23. Surviving Spouse/Authorized Recipient
Access Levels for Direct Access and Authorized Web-Based Application Users
Internal Access by Authorization of Court means that access is restricted to those specic internal users whose
access is authorized by the court in accordance with statute, rule, or other law.
A = Access; access is permitted to the specied individual or entity in accordance with statute, rule, or other law. See the item # and page # for details.
B = Limited Access; access is only permitted to the specied individual or entity in accordance with statute, rule, or other law. See the item # and page # for details.
C = No Access; no access means the specic individual or entity is prohibited access under statute, rule, or other law. See the item # and page # for details.
Page 4 of 5
Document/File Level Access; D = Document, F = File/Case Party Michigan Agencies Federal Agencies Public
Applicable rules and statutes
Category Item # Page # Description (for specic details, refer to the item and page numbers) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
Juvenile Code
D1 4-1 F All records in a case brought under the Juvenile Code
A A A A A B B B B B B B B B B A B B B B B C C MCL 712A.28
D17 4-8 D Child Victim and Witnesses A B B B B B B B B B B B B B B B B B B B B C B MCL 712A.28(2) and MCL 712A.17
D6 4-2 F Consent Calendar Records A A A N/A A A C B C C C C C C C A C C C C C C C MCL 712A.2f, MCR 3.932(C)(8)
D4 4-1 D Designated Case: Excision of Discovery A C C C C C C C C C C C C C C C C C C C C C C MCR 6.201(D)
D3 4-1 D Designated Case: Protective Orders in Criminal Cases A C C C C C C C C C C C C C C C C C C C C C C MCR 6.201(E)
D2 4-1 D Designated Case: Immunity A A C C A C C C C C C C C C C C C C C C C C C MCL 767A.8
D7 4-2 F Diversion Records A B B B A B B B B B B B B B B B B B B B B B B MCL 722.827, MCL 722.828, and MCL 722.829
D12 4-6 F Drug Court - Deferred Judgment A B B N/A A B B B C C C C C C C B B B B B B C C MCL 600.1076(10)
D13 4-7 D Drug Court Preadmission Screening B B B C B C C C C C C C C C C C C C C C C C C MCL 600.1064(3), MCL 600.1064(4)
D5 4-2 D Fingerprints and Photographs A B B B A B B B B B B B B B B B B B B B B C B MCL 28.243 and MCR 3.923(C)
D9 4-4 D Infectious Disease Testing A C C C A C B B C C C C C C C C C C C C C C B MCL 333.5129(6) and (7)
D16 4-8 D Juvenile Competency Evaluations B B A C C C C B C C C C C C C C C C C C C C C MCL 330.2070
D11 4-5 F Minor in Possession (Deferral) A B B N/A A B B C C C C C C C C B B B B B B C C MCL 436.1703(3)
D14 4-8 D Reimbursement Orders A C C C C C C C C C C C B C C C C C C C C C C MCL 712A.28
D8 4-3 F Setting Aside an Adjudication A B B N/A A B C C B C C C C B C B B B B B B C C MCL 712A.18e(13), MCL 712A.18t
D15 4-8 F Social File A B B B B B B B B B B B B B B B B B B B B C B MCR 3.903(3) and MCR 3.925(D)
D10 4-4 D Victim Information
A A C C C A C C C C C C C C C C C C C C C C C MCL 780.784
Mental Health
Code
F6 6-2 D Petition - Court Determination on Services for Minor
A B A A A B B B B B B B B B B B B B B B B C B MCL 330.1266
F7 6-2 D Petition Clinical Cert. - Not to Require Treatment (Mental Illness) A C A C A C C C C C C C C C C C C C C C C C C MCL 330.1434
A5 1-3 D Psychological Reports
A A A B A B B B B B B B B B B B B B B B B C B
MCL 330.1748, MCL 330.1750, MCL 330.2028,
and MCL 330.2030
Probate
Miscellaneous
F8 6-3 F Secret Marriage
A C C A N/A C C C C C C C C C C C C C C C C C C MCL 551.203 to MCL 551.204
F9 6-3 D Wills Filed for Safekeeping
C C C A N/A C C C C C C C C C C C C C C C C C C MCL 700.2515
Search
Warrant and
Investigative
Subpoena
B9 2-9 D Investigative Subpoenas
A A C C C C C C C C C C C C C C C C C C C C C MCL 767A.8
B22 2-20 D Search Warrant Adavit A A C C C A C C C C C C C C C C C C C C C C C MCL 780.651(8)
B23 2-20 D Search Warrant Tabulation (if ordered suppressed)
A A C C A A C C C C C C C C C C C C C C C C C MCL 780.655
Michigan Access Security Matrix (March 2024) User Role
This matrix applies to restricted access records for direct access and authorized web-based application users.
It is designed specically to assist system providers in establishing user groups and access levels and to
assign an access level for each user group. The matrix can also be used as a table of contents by clerks of the
court to easily locate specic record types with restricted access; details for each record can be located by the
item and page number. For policies on access to electronic records at the court and through the court’s public
website or other web-based portal see Section 2.4 of the Records Management Standards.
• Level A Access: case number, party names, case history (docket) entries, document images, copies available
upon payment of reproduction fee (when fee is permitted/applicable)
• Level B Access: access is only permitted to the specied individual or entity in accordance with statute, rule,
or other law; copies available upon payment of reproduction fee (when fee is permitted/applicable)
• Level C Access: no direct access or access through authorized web-based application
Internal Access by Authorization
of Court Where Record Exists
1. Judge
1. Judicial Assistants
1. Court Personnel
1. Clerk Personnel
Party
2. Prosecutor/City Attorney
3. Attorney of Record/GAL / L-GAL
4. Plainti/Case Petitioner
5. Defendant/Respondent/Subject of Petition
Michigan Agencies
6. Law Enforcement
7. Department of Corrections
8. MDHHS
9. Attorney General
10. Auditor General
11. Attorney Grievance Commission
12. Commission on LE Standards (MCOLES)
13. County Juvenile Agencies
14. Governor
15. Children’s Ombudsman
16. Michigan Courts
Federal Agencies
17. Department of Defense
18. Department of State
19. Department of Transportation
20. Oce of Personnel Management
21. CIA
General Public
22. Public
23. Surviving Spouse/Authorized Recipient
Access Levels for Direct Access and Authorized Web-Based Application Users
Internal Access by Authorization of Court means that access is restricted to those specic internal users whose
access is authorized by the court in accordance with statute, rule, or other law.
A = Access; access is permitted to the specied individual or entity in accordance with statute, rule, or other law. See the item # and page # for details.
B = Limited Access; access is only permitted to the specied individual or entity in accordance with statute, rule, or other law. See the item # and page # for details.
C = No Access; no access means the specic individual or entity is prohibited access under statute, rule, or other law. See the item # and page # for details.
Page 5 of 5
Document/File Level Access; D = Document, F = File/Case Party Michigan Agencies Federal Agencies Public
Applicable rules and statutes
Category Item # Page # Description (for specic details, refer to the item and page numbers) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
Treatment
Court
Records
B1 2-1 F Drug Court - Deferred Status
A A B C A A A B C C B C C C C A B B B B B C C MCL 600.1070(b)(i) and MCL 600.1076(10)
B2 2-2 D Drug Court - Treatment Records & Preadmission Screen/Eval B B B C B C C C C C C C C C C C C C C C C C C
MCL 600.1064(3) and (4), MCL 600.1072(2), and
42 CFR Part 2
B4 2-4 F Mental Health Court - Deferred Status A A B C A A A C C C B C C C C A B B B B B C C MCL 600.1095(b)(i) and MCL 600.1098(5)
B5 2-6 D Mental Health Court - Treatment & Preadmission Screen/Eval B B B C B C C C C C C C C C C C C C C C C C C MCL 600.1093(3) and (4) and 42 CFR Part 2
B3 2-3 F Veterans Treatment Court - Deferred Status
A A B C A A A C C C B C C C C A B B B B B C C MCL 600.1206(1)(i) and MCL 600.1209(6)
vii
Nonpublic and Limited-Access Court Records
Revision March 2024
The following chart lists various court record types to which access is limited by statute, court order, or court rule. It should be used in conjunction with
Section 2 of the Michigan Trial Court Records Management Standards. While this chart can help provide guidance on the use of and access to nonpublic,
condential, or sealed records, court sta should review the particular statutes and court rules and, when in doubt, consult with their chief judge on local
interpretation. The chart is organized into six categories: A. General, B. Civil and Criminal, C. Friend of the Court, D. Juvenile Code, E. Adoption and Other Family
Division, and F. Probate. Each category contains three columns: 1) Record Type and Extent of Limited Access, 2) Maintenance Requirements and Response to
Inquiries, and 3) Authorized Access and Other Details.
Notes:
1. The chart contains some statutory references in which the only agency directed to maintain a nonpublic record is the state police. In order to ensure the
intent of the statute to restrict access, courts are directed to maintain their records in these instances as nonpublic records. They are nonpublic pursuant
to MCR 8.119(D).
2. In some cases, a statute or court rule makes information in a case le (rather than the entire le) nonpublic or condential. For example, the law may
prohibit divulging pieces of information or certain documents in or associated with a case le or may make specic pieces of information (e.g., name
or address) condential. When information within or associated with a case le is made nonpublic or condential, the court shall not disclose that
information, either by individual sta members of the court or through publicly accessible information sources, such as indices or registers of actions..
3. The collection, maintenance, and disclosure of social security numbers by courts is governed by Michigan Supreme Court Administrative Order 2006-2,
Privacy Policy and Access to Records. MCR 1.109(D)(9) prohibits the court from collecting social security numbers in public documents as of April 1,
2022. Administrative Memorandum 2006-04 provides the procedures courts must follow when providing copies of documents containing social security
numbers, as well as remedies available to a party seeking to protect a social security number contained within a publicly led document.
4. MCR 1.109(D)(9) prohibits the collection, maintenance, and disclosure of protected personal identifying information in publicly led documents and will
provide that any protected personal identifying information that a court does collect and maintain is nonpublic and shall be collected and maintained in
the manner and format prescribed by the State Court Administrative Oce. MCR 1.109(D)(10) provides the procedure for redacting protected personal
identifying information.
5. If a request is made to view a record that is nonpublic, condential, or sealed and the individual requesting to view the record is not allowed access
under statute or court rule (whether a party to the case or not), the court must respond as indicated in this chart for that particular record type. In some
instances, the court must not acknowledge or identify the existence of certain nonpublic and sealed records. Those particular record types are identied
in Column 2 of the chart by way of the response, “there is no public record.”
6. If the court receives form MC 292 from a defendant as provided by MCL 380.1230d and MCL 380.1535a, the court shall forward a copy of the form
and information regarding the sentencing not later than seven days after the date of sentencing to the entities listed on the form, even if the court is
maintaining the le as a nonpublic record. Pursuant to MCL 380.1535a(8), the court shall provide a certied copy of the judgment of conviction and
sentence of a person with a teaching certicate within 7 days after receiving the request and fees under this section from the superintendent of public
instruction or after entry of the judgment or other document, whichever is later, even if the court is maintaining the judgment or other document as a
nonpublic record.
A - Page 1 of 11
Nonpublic and Limited-Access Court Records
A. GENERAL
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
A1 JUDICIAL DATA WAREHOUSE
(JDW): All information
retrieved from searches and
queries conducted using the
JDW.
Duration: From retrieval of
information or creation of the
record.
All information retrieved from the JDW
must be maintained to ensure that it is
not subject to public inspection.
Court response to inquiries:
The court must respond to requests
for information by referring the party to
the court having jurisdiction over the
action.
The JDW is restricted to authorized court use only with no dissemination of
information to the public, other than a referral to a court having jurisdiction
over a person’s case(s). Other agencies may have access through separate
operating agreements with the JDW and must gather information through their
own information systems networks. There is no possibility of public access.
A2
SEALED RECORDS: Records
sealed by court order. (MCR
8.119[I])
Duration: From entry of the
order until the time (if any) when
the order is rescinded.
If a motion to seal a record or a
specic document is led, the
materials subject to the motion
must be held under seal pending
the ruling on the motion.
Sealed records must be maintained
to ensure they are not subject to
public inspection. All court orders
and opinions in the case, including
the order or opinion that disposes of a
motion to seal the record, may not be
sealed and must remain open to the
public. MCR 8.119(I)(5)
Court response to inquiries:
The court must respond to requests to
view a record sealed by court order,
as follows: “Only court orders and
opinions in this case are accessible to
the public.”
Except as otherwise provided by statute or court rule, a court may not enter
an order sealing court records, in whole or in part, in any action or proceeding
unless a party to the case has led a written motion identifying the specic
interest to be protected; the court makes a nding of good cause, in writing
or on the record, specifying the grounds for the order; and there is no less
restrictive means to adequately and eectively protect the specic interest
asserted by the party. MCR 8.119(I)(1). Whenever a court grants a motion to
seal a court record, in whole or in part, the court must forward a copy of the
order to the Clerk of the Supreme Court and to the State Court Administrative
Oce. MCR 8.119(I)(7). Any person may le a motion to set aside an order
that disposes of a motion to seal the record or may le an objection to entry of
a proposed order. MCR 8.119(I)(6). Parties to a case in which a record has
been sealed shall be allowed access to their court le.
A3
CONFIDENTIAL LEIN POLICY
FILE: Information obtained
from the Law Enforcement
Information Network. (MCL
28.214[3],[4],[5])
Duration: From creation or
receipt of the record.
Information that is nonpublic must be
maintained to ensure it is not subject
to public inspection.
Court response to inquiries:
“Law Enforcement Information
Network (LEIN) information is
nonpublic pursuant to statute.”
The attorney general or his or her designee, a prosecuting attorney, or the
court, in a criminal case, may disclose to the defendant or the defendant’s
attorney of record information pertaining to that defendant that was obtained
from the law enforcement information system.
A - Page 2 of 11
Nonpublic and Limited-Access Court Records
A. GENERAL
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
A4 CONFIDENTIAL CMH FILE:
Community Mental Health
treatment records for
individuals. (MCL 330.1748,
330.1748a)
Duration: From creation of the
record.
Records must be maintained to
ensure they are not subject to public
inspection. Nonpublic information
remains nonpublic even if admitted
into evidence.
Court response to inquiries:
“Community Mental Health records are
nonpublic pursuant to statute.”
Disclosure of a CMH record is possible under some circumstances, including
the following: (a) for case record entries made after March 28, 1996, to an
adult recipient, upon the recipient’s request, if the recipient does not have
a guardian and has not been adjudicated legally incompetent; (b) pursuant
to court order or legislative subpoena, unless the information is privileged
by law; (c) to a prosecuting attorney as necessary for the prosecuting
attorney to participate in a proceeding governed by the Mental Health Code;
(d) to an attorney for the recipient, with the consent of the recipient, the
recipient’s guardian with authority to consent, or the parent with legal and
physical custody of a minor recipient; (e) if necessary to comply with another
provision of law; (f) to DCH if the information is necessary for the department
to discharge a legal responsibility; (g) to the oce of auditor general if
the information is necessary for that oce to discharge its constitutional
responsibility; and (h) to a surviving spouse of the recipient or, if there is no
surviving spouse, to the individual or individuals most closely related to the
deceased recipient within the third degree of consanguinity for the purpose of
applying for and receiving benets.
A5
CONFIDENTIAL CMH
FILES, FORENSIC AND
PSYCHOLOGICAL REPORTS:
Privileged communications
between a mental health
patient and a psychiatrist or
psychologist in connection
with the examination,
diagnosis, or treatment of
the patient. (MCL 330.1748;
330.1750; 330.2028; 330.2030)
Duration: From creation of the
record.
Records must be maintained to
ensure they are not subject to public
inspection. Nonpublic reports remain
nonpublic even if admitted into
evidence.
Court response to inquiries:
“These records are condential
pursuant to statute.”
The existence of condential CMH
les, forensic and psychological
reports cannot be acknowledged.
Disclosure of “privileged communications” is possible, upon request, in
any of the following circumstances: (a) if the communication is relevant
to a condition of the patient that the patient has introduced as an element
of the patient’s claim/defense in a proceeding or that, after the patient’s
death, has been introduced as an element of the patient’s claim/defense
by a party to a proceeding; (b) if the communication is relevant to a matter
under consideration in a proceeding governed by the Mental Health Code,
but only if the patient was suitably informed, (c) if the communication is
relevant to a matter under consideration in a proceeding to determine the
legal competence of the patient or the patient’s need for a guardian but
only if the patient was suitably informed; (d) in a civil action by or on behalf
of the patient or a criminal action arising from the treatment of the patient
against the mental health professional for malpractice; and (e) under
certain circumstances, if the privileged communication was made during an
examination or treatment ordered by a court.
A - Page 3 of 11
Nonpublic and Limited-Access Court Records
A. GENERAL
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
A6 DRUG AND ALCOHOL
SCREENING AND
ASSESSMENT, ADDITIONAL
COUNSELING, AND
TREATMENT FOR
SUBSTANCE ABUSE: Results
of screening and assessment
and treatment for substance
abuse in the record of a
person undergoing screening
and assessment, additional
counseling, or treatment
for substance abuse. (MCL
330.1261; 330.1285)
For drug court les see page
13.
Duration: From creation of the
record.
Records must be maintained to
ensure they are not subject to public
inspection. Applicable to both court
les and probation les.
Court response to inquiries:
“These records are condential
pursuant to statute.”
The existence of records pertaining
to drug and alcohol screening and
assessment, additional counseling,
and treatment for substance abuse
cannot be acknowledged.
Condentiality protects the individual from the release of unauthorized
information, and individuals must sign a release of information or consent
form authorizing the release of information specic to the court case. 42
CFR. Condentiality requirements are applicable to information contained in
either a court le or probation le. Even if an agency otherwise has access to
the le for specied purposes, unless a consent or release form is in the le
allowing release of information specic to the court case, including drug and
alcohol screening and assessment, additional counseling, and treatment for
substance abuse, that information remains nonpublic to those agencies.
A7
LIMITED ACCESS: Secretary
of State (SOS) Driving
Records: Limited Access to
information. (MCL 257.204a(5))
Records must be maintained to
ensure they are not subject to public
inspection. Nonpublic information
remains nonpublic even if admitted
into evidence.
Court response to inquiries:
“SOS Driving Records are nonpublic
pursuant to statute.”
After a request for information in a form prescribed by the SOS has been
received, disclosure of SOS Driving Records is limited to the following: (a)
another state, (b) the United States Secretary of Transportation (USDOT), (c)
the person who is the subject of the record, (d) a motor carrier employer or
prospective motor carrier employer, but only if the person who is the subject
of the record is rst notied of the request as prescribed by the secretary of
state, (e) an authorized agent of a person or entity listed in subdivisions (a) to
(d). Trial courts considering a petition for restoration of driver’s license have
access to the driving record for purposes of appeal under MCL 257.323(4).
A - Page 4 of 11
Nonpublic and Limited-Access Court Records
A. GENERAL
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
A8 MEDIATION: Statements made
during mediation, including
those made in written
submissions, unless included
in the report of the mediator.
(MCR 2.411[C][5])
Duration: From creation of the
statement.
Information may not be used in any
other proceedings, including trial,
except as information is necessary
for the court to: (a) resolve disputes
regarding the mediator’s fee, or (b)
consider issues raised by a party’s
failure to attend a scheduled mediation
session. Court personnel may have
access to the information in order to
administer or evaluate the mediation
program.
Court response to inquiries:
“Mediation records are nonpublic
pursuant to court rule.”
None specied.
A9
MEDIATION: Communications
between the parties or counsel
and the mediator relating to
mediation, unless included
in the report of the mediator.
(MCR 2.411[C][5])
Duration: From creation of the
communication.
Information is condential except when
necessary for the court to: (a) resolve
disputes regarding the mediator’s
fee, or (b) consider issues raised by
a party’s failure to attend a scheduled
mediation session.
Court response to inquiries:
“Mediation records are nonpublic
pursuant to court rule.”
Disclosure is possible with the written consent of all parties.
A - Page 5 of 11
Nonpublic and Limited-Access Court Records
A. GENERAL
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
A10 MEDIATION: Work product
or case les of mediator or of
community dispute resolution
center. (MCL 691.1557)
Duration: From creation of the
work product or case le.
Information is condential and not
subject to disclosure in a judicial or
administrative proceeding, except
that which is either (a) needed in
a subsequent action between the
mediator and a party to the dispute
resolution process for damages arising
out of that process or (b) subject
to discovery and was not prepared
specically for use in the dispute
resolution process.
Court response to inquiries:
“Mediation records are nonpublic
pursuant to statute.”
Disclosure is possible when condentiality is waived in writing by all parties to
the dispute resolution process.
A11
JURY: Completed Juror
Qualication Questionnaires.
(MCL 600.1315)
Duration: From receipt of the
completed questionnaire.
Questionnaires must be maintained to
ensure they are not subject to public
inspection.
Court response to inquiries:
“Juror qualication questionnaires are
nonpublic records pursuant to statute.”
Persons may gain access to completed questionnaires through order of the
chief circuit judge.
A - Page 6 of 11
Nonpublic and Limited-Access Court Records
A. GENERAL
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
A12 JURY: Juror Personal History
Questionnaires. (MCR
2.510[C])
Duration: From receipt of the
completed questionnaire.
Questionnaires must be maintained to
ensure they are not subject to public
inspection. The judges of the court,
the clerk of the court, and deputy
clerks are all allowed to examine the
questionnaire.
Court response to inquiries:
“Juror personal history questionnaires
are nonpublic records pursuant to
court rule.”
The only persons allowed to examine the questionnaires are: (a) parties
to actions in which the juror is called to serve and their attorneys, and (b)
persons authorized access by court rule or court order.
A13 JURY: Seated juror names and
addresses. People v Mitchell
(In Re Juror Names), 233 Mich
App 604 (1999)
Duration: Upon the court’s
nding that juror safety or other
interests are implicated by
access.
Seated juror names and addresses
must be maintained to ensure they are
not subject to public inspection when
a nding by the court that juror safety
or other interests are implicated by
granting access.
Court response to inquiries:
“Pursuant to court order, seated juror
names and addresses are nonpublic.”
The press has a qualied right of postverdict access to juror names and
addresses, subject to the trial court’s discretion to fashion an order that takes
into account the competing interest of juror safety and any other interests that
may be implicated by the court’s order.
A - Page 7 of 11
A. GENERAL
A14 GRAND JURY: Docket,
journal, reporters’ notes,
transcript, and other records.
(MCL 767.6a)
Duration: From the termination
of the grand jury inquiry.
GRAND JURY: Pre-Arrest,
Felony Indictment. (MCL
767.25)
If the grand jury does not last more
than 30 calendar days, the docket,
journal, reporters’ notes, transcript,
and other record of the judge shall be
sealed and led with the clerk of the
court having jurisdiction. If the grand
jury lasts more than 30 calendar days,
the docket, journal, reporters’ notes,
transcript, and other record of the
judge shall be sealed and led with
the clerk of the supreme court of the
state of Michigan, where it shall be
held secretly in a separate container
securely locked.
Court response to inquiries:
“Grand jury records are nonpublic
pursuant to statute.”
If a person is indicted for a felony
and the person is not in custody,
the indictment shall not be open to
inspection by any person other than
the attorney general or the prosecuting
attorney until the defendant is in
custody.
Court response to inquiries:
“The record is nonpublic pursuant to
statute.”
Any witness in the original proceeding may le a petition in the circuit court of
the county in which he resides for release of the entire transcript and record
as to that witness, and so far as material, any grant of immunity, in connection
with any appeal or other judicial proceedings where it may be relevant. The
petition must set forth the proceedings for which the documents are needed
and describe the portions of the transcript and record needed, but a witness
may request and receive only those portions applicable to that witness and no
other witnesses. Upon the ling of the petition, the judge of such circuit court
shall issue an order directing the clerk of the court or the clerk of the supreme
court of the state of Michigan, as the case may be, to make available the
portions of the transcript and record set forth in the petition and pertaining
to the witness. After complying with the order, the remaining transcript and
records shall be immediately resealed. If the documents are held by the clerk
of the supreme court of the state of Michigan, the petitioner shall execute a
receipt for the documents and immediately upon the termination of the appeal
or judicial proceeding for which they were obtained, return them to the clerk.
If, however, the prosecuting attorney of the county in which the inquiry was
conducted, or any other interested person, les a petition for destruction of
the documents, any circuit judge in that county, upon determining that there
is no further need for preserving and retaining the documents, shall enter an
order referring the matter to the supreme court for the entry of an order or
orders for the destruction of the transcripts, notes, and records, or any part
thereof. No such order shall be entered by a circuit judge until at least 6
years after the termination of the inquiry.
None specied, however, SCAO recommends that courts treat these records
similarly to records in which a conviction has been set aside.
If the defendant is not yet in custody, a felony indictment is open to inspection
only to the attorney general and the prosecuting attorney.
A - Page 8 of 11
Nonpublic and Limited-Access Court Records
A. GENERAL
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
A15 Governor’s Pardon
Article V § 14 of State of
Michigan Constitution
Pardon – The Governor uses his or
her executive clemency powers to
forgive a person convicted of a crime.
A pardon removes the conviction
and the associated penalty from the
record.
Court response to inquiries:
“There is no public record.”
Any witness in the original proceeding may le a petition in the circuit court of
the county in which he resides for release of the entire transcript and record
as to that witness, and so far as material, any grant of immunity, in connection
with any appeal or other judicial proceedings where it may be relevant. The
petition must set forth the proceedings for which the documents are needed
and describe the portions of the transcript and record needed, but a witness
may request and receive only those portions applicable to that witness and no
other witnesses. Upon the ling of the petition, the judge of such circuit court
shall issue an order directing the clerk of the court or the clerk of the supreme
court of the state of Michigan, as the case may be, to make available the
portions of the transcript and record set forth in the petition and pertaining
to the witness. After complying with the order, the remaining transcript and
records shall be immediately resealed. If the documents are held by the clerk
of the supreme court of the state of Michigan, the petitioner shall execute a
receipt for the documents and immediately upon the termination of the appeal
or judicial proceeding for which they were obtained, return them to the clerk.
If, however, the prosecuting attorney of the county in which the inquiry was
conducted, or any other interested person, les a petition for destruction of
the documents, any circuit judge in that county, upon determining that there
is no further need for preserving and retaining the documents, shall enter an
order referring the matter to the supreme court for the entry of an order or
orders for the destruction of the transcripts, notes, and records, or any part
thereof.
No such order shall be entered by a circuit judge until at least 6 years after
the termination of the inquiry.
None specied, however, SCAO recommends that courts treat these records
similarly to records in which a conviction has been set aside.
A - Page 9 of 11
Nonpublic and Limited-Access Court Records
A. GENERAL
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
A16 CONFIDENTIAL: Americans
with Disabilities Act (ADA)
Accommodation Requests
Under Title I of the ADA,
requests for accommodation
from employees are
condential. It has been
widely interpreted that these
condentiality requirements
under Title I extend to all ADA
accommodation requests.
Records must be maintained to
ensure they are not subject to public
inspection. Nonpublic information
remains nonpublic even if admitted
into evidence.
Court response to inquiries:
“ADA requests for accommodation are
nonpublic.”
While the primary use of this information is for the court to consider,
decide, and implement requests for reasonable accommodation, additional
disclosures of the information may be made to: medical personnel to meet
a bona de medical emergency; a Federal agency, a court, or a party in
litigation before a court or in an administrative proceeding being conducted
by a Federal agency when the Government is a party to the judicial or
administrative proceeding; a congressional oce made at the request of the
individual; and an authorized appeal grievance examiner, formal complaints
examiner, administrative judge, equal employment opportunity investigator,
arbitrator or other duly authorized ocial engaged in investigation or
settlement of a grievance, complaint or appeal led by an employee.
A17
CONFIDENTIAL: Condential
Case Inventory (Domestic
Relations and Juvenile Code
Cases) MCR 3.206(A)(3), MCR
3.931(A), MCR 3.961(A)
Records must be maintained to
ensure they are not subject to public
inspection and that they are further
restricted from unauthorized access by
any party in the case except the party
that led it.
Court response to inquiries:
“Condential case inventories are for
administrative court use only.”
This information is used by the court to facilitate judicial assignment of family
division cases. The case inventory is condential, not to be served on any
party in the case, and is available only to the party that led it, the ling party’s
attorney, the court, and the friend of the court.
A18
CONFIDENTIAL: Fee Waiver
Form Information MCR 2.002
Records must be maintained to
ensure they are not subject to public
inspection.
Court response to inquiries: “Fee
waiver information is nonpublic.”
The information gathered on the Request for Fee Waiver form is used by
the court to determine the outcome of a fee waiver request. The information
on the fee waiver request form and the form itself is nonpublic. The form is
available only to the court, the parties in the case, and attorneys of record.
A - Page 10 of 11
Nonpublic and Limited-Access Court Records
A. GENERAL
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
A19 NONPUBLIC: Protected
Personal Identifying
Information MCR 1.109
Duration: From creation of the
record.
Court response to inquiries:
“There is no public record.”
MC 97, Protected Personal
Identifying Information
MC 97a, Addendum to
Protected Personal Identifying
Information
MC 97b, Protected Personal
Identifying Information (Child
Protective Proceedings)
Records must be maintained to
ensure they are not subject to public
inspection. Nonpublic information
remains nonpublic even if admitted
into evidence.
Protected personal identifying information provided is nonpublic and available,
as required for case activity or as otherwise authorized by law or the Michigan
Court Rules, only to the parties to the case; interested persons as dened in
the court rules; and other persons, entities, or agencies entitled by law or the
court rules to access nonpublic records led with the court.
MCR 1.109(D)(9)(b)(iv).
A party may stipulate in writing to allow access to his or her protected personal
identifying information to any person, entity, or agency. MCR 1.109(D)(9)(b)(v).
MC 97m, Ex Parte Motion to
Protect Personal Identifying
Information
Records must be maintained to
ensure they are not subject to public
inspection.
Personal identifying information that
has been protected by court order
must be redacted, or maintained as
nonpublic or condential pursuant to
the relevant order.
Personal identifying information that is not protected as identied in
MCR 1.109 may also be redacted or made condential or nonpublic. The
party or person whose personal identifying information is in a public document
led with the court may le an ex parte motion asking the court to direct the
clerk to redact the information from that document or to make the information
either condential or nonpublic. The motion shall be maintained in the case
le as a nonpublic document. MCR 1.109(D)(10)(c)(ii).
MC 97r, Request for Redaction
of Personal Identifying
Information
Records requesting redaction must
be maintained to ensure they are not
subject to public inspection.
Personal identifying information must
be redacted pursuant to
MCR 1.109(D)(10)(c)(i).
Protected personal identifying information contained in a document and led
with the court shall be redacted by the clerk of the court on written request by
the person to whom it applies. The request shall be maintained in the case
led as a nonpublic document. MCR 1.109(D)(10)(c)(i).
A - Page 11 of 11
Nonpublic and Limited-Access Court Records
A. GENERAL
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
A20 CONFIDENTIAL: Condential
Information, Extreme Risk
Protection Order Proceeding
(Form CC 450)
MCL 691.1805(7), MCR 3.716(C)
Records must be maintained to
ensure they are not subject to public
inspection.
Court response to inquiries: There
is no public record.
The information gathered on the Condential Information form is used in
various ways. The respondent’s and petitioner’s dates of birth, along with
the respondent’s driver’s license number is protected personal identifying
information. The petitioner’s address is used by the clerk to provide notice of
hearing to the petitioner for any motion led by the respondent or any hearing
otherwise scheduled by the court. The form is condential. The form should
not be served on any party in the case, and is only available to the party that
led it and the court.
A21 NONPUBLIC: Divorce
Complaint
Eective Date October 1, 2022
Divorce complaints must be
maintained to ensure they are not
subject to public inspection until the
Proof of Service (POS) has been
led with the court. The complaint
becomes a public document once
proof of service has been led with the
court.
A. Beginning October 1, 2022, a complaint for divorce led with the court shall
not be made available to the public until the proof of service has been led
with the court.
B. An entity administering or providing services under Part D of Title IV of the
Social Security Act, 42 USC 651 to 669b, may access a complaint for
divorce made nonpublic under this section. MCL 552.6a
B - Page 1 of 23
Nonpublic and Limited-Access Court Records
B. CIVIL AND CRIMINAL
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
B1 CRIMINAL: Drug court.
Deferred Status Only (MCL
600.1070[b][i] and MCL
600.1076[10]) The court le is
a nonpublic record for those
individuals who pled guilty to
an oense that is not a trac
oense, for whom the court
defers entry of the judgment
of guilt, and who are eligible
for discharge or dismissal
upon the issuance of the order
deferring judgment.
Duration: From the date the
court orders the judgment
deferred.
Records must be maintained to
ensure they are not subject to public
inspection.
Court response to inquiries:
“There is no public record.”
A. The nonpublic record shall be open to:
1. The courts of this state, law enforcement personnel, the Department
of Corrections, and prosecuting attorneys for use only in the
performance of their duties or to determine whether an employee of
the court, law enforcement agency, Department of Corrections, or
prosecutor’s oce has violated his or her conditions of employment
or whether an applicant meets criteria for employment with the court,
law enforcement agency, Department of Corrections, or prosecutor’s
oce.
2. The courts of this state, law enforcement personnel, and prosecuting
attorneys for the purpose of showing that a defendant has already
once availed himself or herself of this section.
3. The Department of Health and Human Services for enforcing child
protection laws and vulnerable adult protection laws or ascertaining
the preemployment criminal history of any individual who will be
engaged in the enforcement of child protection laws or vulnerable
adult protection laws.
4. The Attorney Grievance Commission if access to the record is
relevant to a pending investigation pursuant to MCR 9.114(E).
B. The nonpublic record shall also be open, with written consent of the
individual, for use by the Department of Defense, the Department
of State, the Department of Transportation, the Oce of Personnel
Management, the CIA, the FBI, the Department of Homeland Security, the
Oce of the Director of National Intelligence, and an Executive Agency
authorized to conduct background investigations under federal statute
only for the purpose of determining eligibility for:
1. access to classied information;
2. assignment to or retention in sensitive national security duties;
3. acceptance or retention in the armed forces; and
4. appointment, retention, or assignment to a position of public trust or a
critical or sensitive position while either employed by the government
or performing a government contract. (5 USC 9101[a] and [b])
5. Access for these federal agencies through a contractual arrangement
with another entity is allowed.
C. If the request is made by a victim in the case, the court may furnish
information or records to the victim that would otherwise be closed to
B - Page 2 of 23
Nonpublic and Limited-Access Court Records
B. CIVIL AND CRIMINAL
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
public inspection under MCL 780.752a (providing notice to a victim),
including information or records related to HYTA participants under MCL
762.14.
D. A defendant shall be allowed access to his or her court le even if it is
being maintained as a nonpublic record.
E. The prosecutor may be furnished a copy of the record indicating the
disposition of the case.
F. If a defendant is sentenced to probation with a condition for the protection
of the victim, and if the victim requests notication, the court shall notify
the victim by mail if the court orders that the probation be terminated
earlier than previously ordered, including furnishing information or records
to the victim that would otherwise be closed to public inspection. (MCL
780.768b; 780.781a; 780.795a; 780.811b; 780.827b)
B2
CRIMINAL: Drug court. (MCL
600.1064[4]) Statements or
information obtained as a
result of participating in a
preadmission screening and
evaluation assessment under
MCL 600.1064(3).
Duration: From preadmission
screening.
CRIMINAL: Drug court. (MCL
600.1072[2], 42 CFR Part 2)
Substance abuse treatment
records, references to
substance abuse treatment.
Records must be maintained to
ensure they are not subject to public
inspection.
Court response to inquiries:
“These records are nonpublic pursuant
to statute.”
The existence of drug court records
cannot be acknowledged.
Records must be maintained to
ensure they are not subject to public
inspection.
Any statement or other information obtained as a result of participating
in assessment, treatment, or testing while in a drug treatment court is
condential and is exempt from disclosure under the Freedom of Information
Act, 1976 PA 442, MCL 15.231 to 15.246, and shall not be used in a criminal
prosecution, unless it reveals criminal acts other than, or inconsistent with,
personal drug use.
Any statement or other information obtained as a result of participating
in assessment, treatment, or testing while in a drug treatment court is
condential and is exempt from disclosure under the Freedom of Information
Act, 1976 PA 442, MCL 15.231 to 15.246, and shall not be used in a criminal
prosecution, unless it reveals criminal acts other than, or inconsistent with,
personal drug use.
Condentiality protects the individual from the release of unauthorized
information, and individuals must sign a release of information or consent
form authorizing the release of information specic to the court case. 42
CFR. Condentiality requirements are applicable to information contained in
B - Page 3 of 23
Nonpublic and Limited-Access Court Records
B. CIVIL AND CRIMINAL
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
Duration: From creation of the
record.
Court response to inquiries:
“These records are nonpublic pursuant
to statute.”
The existence of drug court records
cannot be acknowledged.
either a court le or probation le. Even if an agency otherwise has access
to the le for specied purposes, unless a consent or release form is in the
le allowing release of information specic to the court case, including drug
and alcohol screening and assessment, additional counseling, and treatment
for substance abuse and/or mental health problems, that information remains
nonpublic to those agencies.
B3
CRIMINAL: Veterans
Treatment Court. (MCL
600.1206[1][i] and MCL
600.1209[6]) The court le is
a nonpublic record for those
individuals who pled guilty to
an oense that is not a trac
oense, for whom the court
defers entry of the judgment of
guilt, and who are eligible for
discharge or dismissal upon
the successful completion of
the program.
Duration: From the date the
court orders the judgment
deferred.
Records must be maintained to
ensure they are not subject to public
inspection.
Court response to inquiries:
“There is no public record.”
A. All records of the proceedings regarding the participation of the individual
in the veterans treatment court under subsection (4) are closed to public
inspection and are exempt from public disclosure under the Freedom
of Information Act, 1976 PA 442, MCL 15.231 to 15.246, but shall be
open to the courts of this state, another state, or the United States, the
Department of Corrections, law enforcement personnel, and prosecutors
only for use in the performance of their duties or to determine whether
an employee of the court, department, law enforcement agency, or
prosecutor’s oce has violated his or her conditions of employment
or whether an applicant meets criteria for employment with the court,
department, law enforcement agency, or prosecutor’s oce.
B. The Attorney Grievance Commission if access to the record is relevant to
a pending investigation pursuant to MCR 9.114(E).
C. The nonpublic record shall also be open, with written consent of the
individual, for use by the Department of Defense, the Department
of State, the Department of Transportation, the Oce of Personnel
Management, the CIA, the FBI, the Department of Homeland Security, the
Oce of the Director of National Intelligence, and an Executive Agency
authorized to conduct background investigations under federal statute
only for the purpose of determining eligibility for:
(a) access to classied information;
(b) assignment to or retention in sensitive national security duties;
(c) acceptance or retention in the armed forces; and
(d) appointment, retention, or assignment to a position of public trust or a
critical or sensitive position while either employed by the government
or performing a government contract. (5 USC 9101[a] and [b])
D. Access for these federal agencies through a contractual arrangement with
another entity is allowed.
E. If the request is made by a victim in the case, the court may furnish
B - Page 4 of 23
Nonpublic and Limited-Access Court Records
B. CIVIL AND CRIMINAL
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
information or records to the victim that would otherwise be closed to
public inspection under MCL 780.752a (providing notice to a victim),
including information or records related to HYTA participants under MCL
762.14.
F. A defendant shall be allowed access to his or her court le even if it is
being maintained as a nonpublic record.
G. The prosecutor may be furnished a copy of the record indicating the
disposition of the case.
H. If a defendant is sentenced to probation with a condition for the protection
of the victim, and if the victim requests notication, the court shall notify
the victim by mail if the court orders that the probation be terminated
earlier than previously ordered, including furnishing information or records
to the victim that would otherwise be closed to public inspection. (MCL
780.768b; 780.781a; 780.795a; 780.811b; 780.827b)
B4
CRIMINAL: Mental Health
Court. (MCL 600.1095[B][i];
MCL 600.1098[5]) The court
le is a nonpublic record for
those individuals who pled
guilty to an oense that is not
a trac oense, for whom
the court defers entry of the
judgment of guilt, and who
are eligible for discharge or
dismissal upon the successful
completion of the program.
Duration: From the date the
court orders the judgment
deferred.
Records must be maintained to
ensure they are not subject to public
inspection.
Court response to inquiries:
“There is no public record.”
A. All records of the proceedings regarding the participation of the individual
in the veterans treatment court under subsection (4) are closed to public
inspection and are exempt from public disclosure under the Freedom
of Information Act, 1976 PA 442, MCL 15.231 to 15.246, but shall be
open to the courts of this state, another state, or the United States, the
Department of Corrections, law enforcement personnel, and prosecutors
only for use in the performance of their duties or to determine whether
an employee of the court, department, law enforcement agency, or
prosecutor’s oce has violated his or her conditions of employment
or whether an applicant meets criteria for employment with the court,
department, law enforcement agency, or prosecutor’s oce.
B. The Attorney Grievance Commission if access to the record is relevant to
a pending investigation pursuant to MCR 9.114(E).
C. The nonpublic record shall also be open, with written consent of the
individual, for use by the Department of Defense, the Department
of State, the Department of Transportation, the Oce of Personnel
Management, the CIA, the FBI, the Department of Homeland Security, the
Oce of the Director of National Intelligence, and an Executive Agency
authorized to conduct background investigations under federal statute
only for the purpose of determining eligibility for:
(a) access to classied information;
B - Page 5 of 23
Nonpublic and Limited-Access Court Records
B. CIVIL AND CRIMINAL
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
(b) assignment to or retention in sensitive national security duties;
(c) acceptance or retention in the armed forces; and
(d) appointment, retention, or assignment to a position of public trust or a
critical or sensitive position while either employed by the government
or performing a government contract. (5 USC 9101[a] and [b])
D. Access for these federal agencies through a contractual arrangement with
another entity is allowed.
E. If the request is made by a victim in the case, the court may furnish
information or records to the victim that would otherwise be closed to
public inspection under MCL 780.752a (providing notice to a victim),
including information or records related to HYTA participants under MCL
762.14.
F. A defendant shall be allowed access to his or her court le even if it is
being maintained as a nonpublic record.
G. The prosecutor may be furnished a copy of the record indicating the
disposition of the case.
H. If a defendant is sentenced to probation with a condition for the protection
of the victim, and if the victim requests notication, the court shall notify
the victim by mail if the court orders that the probation be terminated
earlier than previously ordered, including furnishing information or records
to the victim that would otherwise be closed to public inspection. (MCL
780.768b; 780.781a; 780.795a; 780.811b; 780.827b)
B5
CRIMINAL: Mental Health
Court. (MCL 600.1093[4])
Statements or information
obtained as a result of
participating in a preadmission
screening and evaluation
assessment under MCL
600.1093(3).
Duration: From preadmission
screening.
Records must be maintained to
ensure they are not subject to public
inspection.
Court response to inquiries:
“There is no public record.”
The existence of mental health
court records cannot be
acknowledged.
Any statement or other information obtained as a result of participating in
assessment, treatment, or testing while in a mental health treatment court is
condential and is exempt from disclosure under the Freedom of Information
Act, 1976 PA 442, MCL 15.231 to 15.246, and shall not be used in a criminal
prosecution, unless it reveals criminal acts other than, or inconsistent with,
personal drug use
Any statement or other information obtained as a result of participating in
assessment, treatment, or testing while in a mental health treatment court is
condential and is exempt from disclosure under the Freedom of Information
Act, 1976 PA 442, MCL 15.231 to 15.246, and shall not be used in a criminal
prosecution, unless it reveals criminal acts other than, or inconsistent with,
personal drug use.
B - Page 6 of 23
Nonpublic and Limited-Access Court Records
B. CIVIL AND CRIMINAL
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
CRIMINAL: Mental Health
Court (MCL 600.1093, 42 CFR
Part 2) Substance abuse
treatment records, references
to substance abuse treatment.
Duration: From creation of the
record.
Records must be maintained to
ensure they are not subject to public
inspection.
Court response to inquiries:
“There is no public record.”
The existence of mental health
court records cannot be
acknowledged.
Condentiality protects the individual from the release of unauthorized
information, and individuals must sign a release of information or consent
form authorizing the release of information specic to the court case. 42
CFR. Condentiality requirements are applicable to information contained in
either a court le or probation le. Even if an agency otherwise has access
to the le for specied purposes, unless a consent or release form is in the
le allowing release of information specic to the court case, including drug
and alcohol screening and assessment, additional counseling, and treatment
for substance abuse and/or mental health problems, that information remains
nonpublic to those agencies.
B6
CRIMINAL: Holmes Youthful
Trainee Act (HYTA). (MCL
762.14[4]) In cases where
the HYTA (MCL 762.11-15)
is applied and where no
subsequent conviction
is entered, the entire le
(including records related to
HYTA assignment).
Duration: From the date the
court orders the assignment of
the defendant to HYTA and until
the time (if any) when the case is
removed from HYTA status.
Case les must be maintained to
ensure they are not subject to public
inspection.
Court response to inquiries:
“There is no public record.”
The existence of HYTA records
cannot be acknowledged.
A. All proceedings regarding the disposition of the criminal charge and
the individual’s assignment as youthful trainee shall be closed to public
inspection but shall be open for use only in the performance of the
duties of: (a) the courts of this state, (b) the Michigan Department of
Corrections, (c) the Department of Health and Human Services, (d)
federal, state, and local law enforcement personnel, and (e) prosecuting
attorneys. (MCL 762.14[4])
B. The Attorney Grievance Commission if access to the record is relevant to
a pending investigation pursuant to MCR 9.114( (E).
C. It shall also be open, with written consent of the individual, for use
by the Department of Defense, the Department of State, the Department
of Transportation, the Oce of Personnel Management, the CIA, the
FBI, the Department of Homeland Security, the Oce of the Director of
National Intelligence, and an Executive Agency authorized to conduct
background investigations under federal statute only for the purpose of
determining eligibility for:
1. access to classied information;
2. assignment to or retention in sensitive national security duties;
3. acceptance or retention in the armed forces; and
4. appointment, retention, or assignment to a position of public trust or a
critical or sensitive position while either employed by the government
or performing a government contract. (5 USC 9101[a] and [b])
D. Access for these federal agencies through a contractual arrangement with
another entity is allowed.
B - Page 7 of 23
Nonpublic and Limited-Access Court Records
B. CIVIL AND CRIMINAL
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
E. If the request is made by a victim in the case, the court may furnish
information or records to the victim that would otherwise be closed to
public inspection under MCL 780.752a (providing notice to a victim),
including information or records related to HYTA participants under MCL
762.14.
F. A defendant shall be allowed access to his or her court le even if it is
being maintained as a nonpublic record.
G. The prosecutor may be furnished a copy of the record indicating the
disposition of the case.
H. If a defendant is sentenced to probation with a condition for the protection
of the victim, and if the victim requests notication, the court shall notify
the victim by mail if the court orders that the probation be terminated
earlier than previously ordered, including furnishing information or records
to the victim that would otherwise be closed to public inspection. (MCL
780.768b; 780.781a; 780.795a; 780.811b; 780.827b)
B7
CRIMINAL: Licensed health
care professional practicing
under the inuence. (MCL
750.430[8][A]) Entire le
when case is discharged or
dismissed.
Duration: From the date the
court orders the judgment
deferred
Records must be maintained to
ensure they are not subject to public
inspection.
Court response to inquiries:
“There is no public record.”
The existence of records governed
by MCL 750.430 (8)(A) cannot be
acknowledged.
A. The record shall only be furnished to:
1. (a) a court or (b) a police agency upon request only for the purpose of
showing whether the individual accused of violating has already once
utilized this subdivision.
2. The record shall also be furnished to: (a) a court, (b) a police agency,
or (c) a prosecutor upon request only for the purpose of determining
whether the defendant in a criminal action is eligible for discharge
and dismissal of proceedings by a drug treatment court under MCL
600.1076. (MCL 750.430 [8][A])
3. The courts of this state, law enforcement personnel, the Department
of Corrections, and prosecuting attorneys for use only in the
performance of their duties or to determine whether an employee of
the court, law enforcement agency, Department of Corrections, or
prosecutor’s oce has violated his or her conditions of employment
or whether an applicant meets criteria for employment with the court,
law enforcement agency, Department of Corrections, or prosecutor’s
oce.
B. The Attorney Grievance Commission if access to the record is relevant to
a pending investigation pursuant to MCR 9.114(E).
C. It shall also be open, with written consent of the individual, for use by
B - Page 8 of 23
Nonpublic and Limited-Access Court Records
B. CIVIL AND CRIMINAL
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
the Department of Defense, the Department of State, the Department
of Transportation, the Oce of Personnel Management, the CIA, the
FBI, the Department of Homeland Security, the Oce of the Director of
National Intelligence, and an Executive Agency authorized to conduct
background investigations under federal statute for the purpose of
determining eligibility for: (a) access to classied information; (b)
assignment to or retention in sensitive national security duties; (c)
acceptance or retention in the armed forces; and (d) appointment,
retention, or assignment to a position of public trust or a critical or
sensitive position while either employed by the government or performing
a government contract. (5 USC 9101[a] and [b])
D. Access for these federal agencies through a contractual arrangement with
another entity is allowed.
E. If the request is made by a victim in the case, the court may furnish
information or records to the victim that would otherwise be closed to
public inspection under MCL 780.752a (providing notice to a victim),
including information or records related to HYTA participants under MCL
762.14.
F. A defendant shall be allowed access to his or her court le even if it
is being maintained as a nonpublic record. The prosecutor may be
furnished a copy of the record indicating the disposition of the case.
G. If a defendant is sentenced to probation with a condition for the protection
of the victim, and if the victim requests notication, the court shall notify
the victim by mail if the court orders that the probation be terminated
earlier than previously ordered, including furnishing information or records
to the victim that would otherwise be closed to public inspection. (MCL
780.768b; 780.781a; 780.795a; 780.811b; 780.827b)
B - Page 9 of 23
Nonpublic and Limited-Access Court Records
B. CIVIL AND CRIMINAL
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
B8 CRIMINAL: Immunity.
(MCL 767A.8) Documents
related to prosecutor-sought
immunity in relation to an
investigative subpoena
(including petitions or orders
for immunity and transcripts
of testimony delivered to
witnesses pursuant to grants
of immunity).
Duration: From the time the
prosecutor seeks immunity.
Relevant documents shall not be
available for public inspection or
copying and shall not be divulged.
Court response to inquiries:
“There is no public record.”
The existence of records governed
by MCL 767A.8 cannot be
acknowledged.
Relevant documents shall not be divulged to any person.
B9
CRIMINAL: Investigative
subpoenas. (MCL 767A.8)
Records and documents
obtained by the prosecutor
pursuant to an investigative
subpoena.
Duration: From creation of the
record or document.
Relevant documents shall not be
available for public inspection or
copying and shall not be divulged.
Court response to inquiries:
“There is no public record.”
The existence of records cords
governed by MCL 767A.8 cannot be
acknowledged.
Relevant documents shall not be divulged to any person.
B10 CRIMINAL: Protective orders.
(MCR 6.201[E]) Record of
hearing on issuance of a
protective order in connection
with discovery if the court
grants the protective order.
Duration: Provisionally upon
start of the hearing, and then
permanently from the granting of
the protective order.
Record must be sealed (and
preserved for review in the event of an
appeal).
Court response to inquiries:
“This record is sealed pursuant to
court rule.”
None specied.
B - Page 10 of 23
Nonpublic and Limited-Access Court Records
B. CIVIL AND CRIMINAL
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
B11 CRIMINAL: Victim information.
(MCL 780.758) Victim home
and work addresses and
telephone numbers.
Duration: From receipt of
information.
Information “shall not be in the court
le or ordinary court documents”
unless contained in a transcript (or,
in the case of the address, it is used
to identify the place of the crime).
Conditional bonds and conditional
orders of probation for the protection
of named persons containing victim
addresses or phone numbers are not
subject to public inspection.
Court response to inquiries:
“Victim home and work addresses
and telephone numbers are nonpublic
pursuant to statute.”
None specied.
B12
CRIMINAL: Plea notication.
(MCL 780.816[1]) Plea
notication to prosecutor
following arraignment on
serious misdemeanors.
Duration: From creation of the
plea notication.
Notice shall be on a “separate form”
and contain victim name, address, and
telephone.
Court response to inquiries:
“Plea notication to the prosecutor is a
nonpublic record pursuant to statute.”
The notice shall not be a matter of public record.
B - Page 11 of 23
Nonpublic and Limited-Access Court Records
B. CIVIL AND CRIMINAL
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
B13 CRIMINAL: Minor in
possession. (MCL 436.1703[3])
Entire le.
Duration From the date the court
orders the judgment deferred.
Records must be maintained to
ensure they are not subject to public
inspection.
Court response to inquiries:
“There is no public record.”
The existence of records governed
by MCL 436.1703(3) cannot be
acknowledged.
A. The nonpublic record shall be furnished to any of the following:
1. to a court, prosecutor, or police agency upon request only for the
purpose of determining if an individual has already utilized the
subsection, and
2. to the Department of Corrections, a prosecutor, or a federal, state, and
local law enforcement agency, upon request, subject to the following
conditions:
(a) at the time of the request, the individual is an employee of
the Department of Corrections, the prosecutor, or the law
enforcement agency or an applicant for employment with
the Department of Corrections, the prosecutor, or the law
enforcement agency, and
(b) the record is used by the Department of Corrections, the
prosecutor, or the law enforcement agency only to determine
whether an employee has violated his or her conditions of
employment or whether an applicant meets the criteria for
employment. (MCL 436.1703[3])
3. The Attorney Grievance Commission if access to the record is
relevant to a pending investigation pursuant to MCR 9.114(E)
B. It shall also be open, with written consent of the individual, for use
by the Department of Defense, the Department of State, the Department
of Transportation, the Oce of Personnel Management, the CIA, the
FBI, the Department of Homeland Security, the Oce of the Director of
National Intelligence, and an Executive Agency authorized to conduct
background investigations under federal statute for the purpose of
determining eligibility for: (a) access to classied information; (b)
assignment to or retention in sensitive national security duties; (c)
acceptance or retention in the armed forces; and (d) appointment,
retention, or assignment to a position of public trust or a critical or
sensitive position while either employed by the government or performing
a government contract. (5 USC 9101[a] and [b])
C. Access for these federal agencies through a contractual arrangement with
another entity is allowed.
D. If the request is made by a victim in the case, the court may furnish
information or records to the victim that would otherwise be closed to
public inspection under MCL 780.752a (providing notice to a victim),
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Record Type and Duration of
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Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
including information or records related to HYTA participants under MCL
762.14.
E. A defendant shall be allowed access to his or her court le even if it
is being maintained as a nonpublic record. The prosecutor may be
furnished a copy of the record indicating the disposition of the case.
F. If a defendant is sentenced to probation with a condition for the protection
of the victim, and if the victim requests notication, the court shall notify
the victim by mail if the court orders that the probation be terminated
earlier than previously ordered, including furnishing information or records
to the victim that would otherwise be closed to public inspection. (MCL
780.768b; 780.781a; 780.795a; 780.811b; 780.827b)
B14
CRIMINAL: Setting aside a
conviction; (MCL 780.621 et.
seq., MCR 8.119[D],
8.119[H][9]) Only the charge or
oense where conviction has
been set aside is nonpublic.
Duration: From entry of the
order setting aside the conviction
or the date the conviction was
automatically set aside by
operation of law.
Records must be maintained to
ensure they are not subject to public
inspection. A person who knows or
should know that a conviction was
set aside and who divulges, uses,
or publishes information concerning
a conviction set-aside is guilty of a
misdemeanor.
Court response to inquiries: “There
is no public record.”
The existence of records governed
by MCL 780.623, MCR 8.119(D),
and MCR 8.119(H)(9) cannot be
acknowledged.
This nonpublic record is open to:
A. A court of competent jurisdiction, an agency of the judicial branch of state
government, the Department of Corrections, a law enforcement agency, a
prosecuting attorney, the attorney general, or the governor upon request
and only for the purpose of:
1. consideration in a licensing function conducted by an agency of
the judicial branch of state government.
2. to show that a person who has led an application to set aside
conviction has previously had a conviction set aside pursuant to this
act.
3. the court’s consideration in determining the sentence to be imposed
upon conviction for a subsequent oense that is punishable as a
felony or by imprisonment for more than one year.
4. consideration by the governor if a person whose conviction has been
set aside applies for a pardon for another oense.
5. consideration by the department of corrections or a law enforcement
agency if a person whose conviction has been set aside applies for
employment with the department of corrections or law enforcement
agency.
6. consideration by a court, law enforcement agency, prosecuting
attorney, or the attorney general in determining whether an individual
required to be registered under the Sex Oenders
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Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
Registration Act has violated that act, 1994 PA 295, MCL 28.721 to
28.736, or for use in a prosecution for violating that act.
7. consideration by a court, law enforcement agency, prosecuting
attorney, or the attorney general for use in making determinations
regarding charging, plea oers, and sentencing, as applicable.
B. The Attorney Grievance Commission if access to the record is relevant to
a pending investigation pursuant to MCR 9.114(E).
C. Upon the request of a federal agency dened in 5 USC 9101(a)(6) and
with the written consent of the individual, the court shall make available
all criminal history record information regarding individuals under
investigation by that federal agency, but only for the purposes identied in
5 USC 9101(b). Criminal history record information includes records that
are sealed pursuant to law if such records are accessible by state and
local criminal justice agencies for the purposes of conducting background
checks.
D. Victim(s) as dened in MCL 780.623. MCR 8.119(H)(9).
E. A defendant and defendant’s attorney shall be allowed access to his or
her court le even if it is being maintained as a nonpublic record.
MCR 8.119(H)(9).
F. For criminal records that contain both public and nonpublic information,
the court must redact all information related to the set aside conviction(s)
before making the case record available to the public in any format.
MCR 8.119(H)(9).
B15 CRIMINAL: Excision of
discovery materials.
(MCR 6.201[D]) Record
of hearing on excision of
portions of material under
discovery if the court grants
the excision.
Duration: Provisionally
upon start of the hearing, and
permanently from the granting of
the order.
Records must be sealed (and
preserved) for review in the event of
an appeal.
Court response to inquiries:
“The record of the hearing is sealed
pursuant to court rule.”
None specied.
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Nonpublic and Limited-Access Court Records
B. CIVIL AND CRIMINAL
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
B16 CRIMINAL: Probationer
information. (MCL 791.229;
MCR 8.119 [E]) (if a copy
of the MDOC pre-sentence
investigation is maintained
by the circuit court), Howe
v Detroit Free Press, 440
Mich 203; 487 NW2d 374
[1992]) Records and reports
of investigations made by a
probation ocer and all case
histories of probationers.
Duration: From creation of the
record or report.
Relevant information shall be
considered privileged or condential
communications and shall not be
open to public inspection. Judges and
probation ocers shall have access to
all records, reports, and case histories.
Court response to inquiries:
“Probation investigations and case
histories are nonpublic pursuant to
statute.”
The probation ocer, the assistant director of probation, or the assistant
director’s representative
A. Shall permit the attorney general, the auditor general, and federal, state,
and local law enforcement agencies to have access to the records,
reports, and case histories, and
B. Shall permit designated representatives of a private vendor that operates
a youth correctional facility to have access to the records, reports, and
case histories pertaining to prisoners assigned to the youth correctional
facility. (MCL 791.229)
C. They shall also be open, with written consent of the individual, for use
by the Department of Defense, the Department of State, the Department
of Transportation, the Oce of Personnel Management, the CIA, the
FBI, the Department of Homeland Security, the Oce of the Director of
National Intelligence, and an Executive Agency authorized to conduct
background investigations under federal statute only for the purpose of
determining eligibility for:
1. access to classied information;
2. assignment to or retention in sensitive national security duties;
3. acceptance or retention in the armed forces; and
4. appointment, retention, or assignment to a position of public trust or a
critical or sensitive position while either employed by the government
or performing a government contract. (5 USC 9101[a] and [b])
5. Access for these federal agencies through a contractual arrangement
with another entity is allowed.
D. If a defendant is sentenced to probation with a condition for the protection
of the victim, and if the victim requests notication, the court shall notify
the victim by mail if the court orders that the probation be terminated
earlier than previously ordered, including furnishing information or records
to the victim that would otherwise be closed to public inspection. (MCL
780.768b; 780.781a; 780.795a; 780.811b; 780.827b)
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Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
B17 CRIMINAL: Parental
kidnapping. (MCL 750.350a[4];
MCR 8.119[D])
Entire le
Duration: From the date the
court orders the judgment
deferred.
Records must be maintained to
ensure they are not subject to public
inspection.
Court response to inquiries:
“There is no public record.”
The existence of records governed
by MCL 750.350a[4] or MCR 8.119[D]
cannot be acknowledged.
A. The record is available upon request to:
1. The courts of this state, law enforcement personnel, the Department
of Corrections, and prosecuting attorneys for use only in the
performance of their duties or to determine whether an employee of
the court, law enforcement agency, Department of Corrections, or
prosecutor’s oce has violated his or her conditions of employment
or whether an applicant meets criteria for employment with the court,
law enforcement agency, Department of Corrections, or prosecutor’s
oce.
2. The Attorney Grievance Commission if access to the record is
relevant to a pending investigation pursuant to MCR 9.114(E).
3. The courts of this state, law enforcement personnel, and prosecuting
attorneys for either of the following purposes:
(a) Showing that a defendant in a criminal action under section 81
or 81a of the Michigan Penal Code, 1931 PA 328, MCL 750.81
and 750.81a, or a local ordinance substantially corresponding to
section 81 of that act has already once availed himself or herself
of this section.
(b) Determining whether the defendant in a criminal action is eligible
for discharge and dismissal of proceedings by a drug treatment
court under section 1076(5) of the Revised Judicature Act of
1961, 1961 PA 236, MCL 600.1076.
4. The Department of Health and Human Services for enforcing child
protection laws and vulnerable adult protection laws or ascertaining
the preemployment criminal history of any individual who will be
engaged in the enforcement of child protection laws or vulnerable
adult protection laws.
B. It shall also be open, with written consent of the individual, for use
by the Department of Defense, the Department of State, the Department
of Transportation, the Oce of Personnel Management, the CIA, the
FBI, the Department of Homeland Security, the Oce of the Director of
National Intelligence, and an Executive Agency authorized to conduct
background investigations under federal statute for the purpose of
determining eligibility for:
1. access to classied information
2. assignment to or retention in sensitive national security duties
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Record Type and Duration of
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Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
3. acceptance or retention in the armed forces
4. appointment, retention, or assignment to a position of public trust or a
critical or sensitive position while either employed by the government
or performing a government contract. (5 USC 9101[a] and [b])
C. Access for these federal agencies through a contractual arrangement with
another entity is allowed.
D. If the request is made by a victim in the case, the court may furnish
information or records to the victim that would otherwise be closed to
public inspection under MCL 780.752a (providing notice to a victim),
including information or records related to HYTA participants under MCL
762.14.
E. A defendant shall be allowed access to his or her court le even if it
is being maintained as a nonpublic record. The prosecutor may be
furnished a copy of the record indicating the disposition of the case.
F. If a defendant is sentenced to probation with a condition for the protection
of the victim, and if the victim requests notication, the court shall notify
the victim by mail if the court orders that the probation be terminated
earlier than previously ordered, including furnishing information or records
to the victim that would otherwise be closed to public inspection. (MCL
780.768b; 780.781a; 780.795a; 780.811b; 780.827b)
B18
CRIMINAL: Domestic violence
assault. Deferred Cases Only
(MCL 769.4a[5]; MCR 8.119[D])
Entire le
Duration: From the date the
court orders the judgment
deferred.
Records must be maintained to
ensure they are not subject to public
inspection.
Court response to inquiries:
“There is no public record.”
The existence of records governed
by MCL 769.4a[6] or MCR 8.119[D]
cannot be acknowledged.
A. The record is available upon request to:
1. The courts of this state, law enforcement personnel, the Department
of Corrections, and prosecuting attorneys for use only in the
performance of their duties or to determine whether an employee of
the court, law enforcement agency, Department of Corrections, or
prosecutor’s oce has violated his or her conditions of employment
or whether an applicant meets criteria for employment with the court,
law enforcement agency, Department of Corrections, or prosecutor’s
oce.
2. The courts of this state, law enforcement personnel, and prosecuting
attorneys for either of the following purposes:
(a) Showing that a defendant in a criminal action under section 81
or 81a of the Michigan Penal Code, 1931 PA 328, MCL 750.81
and 750.81a, or a local ordinance substantially corresponding to
section 81 of that act has already once availed himself or herself
of this section.
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Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
(b) Determining whether the defendant in a criminal action is eligible
for discharge and dismissal of proceedings by a drug treatment
court under section 1076(5) of the Revised Judicature Act of
1961, 1961 PA 236, MCL 600.1076.
3. The Department of Health and Human Services for enforcing child
protection laws and vulnerable adult protection laws or ascertaining
the preemployment criminal history of any individual who will be
engaged in the enforcement of child protection laws or vulnerable
adult protection laws.
4. The Attorney Grievance Commission if access to the record is
relevant to a pending investigation pursuant to MCR 9.114(E).
B. It shall also be open, with written consent of the individual, for use
by the Department of Defense, the Department of State, the Department
of Transportation, the Oce of Personnel Management, the CIA, the
FBI, the Department of Homeland Security, the Oce of the Director of
National Intelligence, and an Executive Agency authorized to conduct
background investigations under federal statute only for the purpose of
determining eligibility for:
1. access to classied information
2. assignment to or retention in sensitive national security duties
3. acceptance or retention in the armed forces
4. appointment, retention, or assignment to a position of public trust or a
critical or sensitive position while either employed by the government
or performing a government contract. (5 USC 9101[a] and [b])
C. Access for these federal agencies through a contractual arrangement with
another entity is allowed.
D. If the request is made by a victim in the case, the court may furnish
information or records to the victim that would otherwise be closed to
public inspection under MCL 780.752a (providing notice to a victim),
including information or records related to HYTA participants under MCL
762.14.
E. A defendant shall be allowed access to his or her court le even if it
is being maintained as a nonpublic record. The prosecutor may be
furnished a copy of the record indicating the disposition of the case.
F. If a defendant is sentenced to probation with a condition for the protection
of the victim, and if the victim requests notication, the court shall notify
B - Page 18 of 23
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Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
the victim by mail if the court orders that the probation be terminated
earlier than previously ordered, including furnishing information or records
to the victim that would otherwise be closed to public inspection. (MCL
780.768b; 780.781a; 780.795a; 780.811b; 780.827b)
B19
CRIMINAL: Controlled
substance crimes. Deferred
Cases Only (MCL 333.7411,
MCR 8.119[D]) Entire le.
Duration: From the date the
court orders the judgment
deferred.
Records must be maintained to
ensure they are not subject to public
inspection.
Court response to inquiries:
“There is no public record.”
The existence of records governed
by MCL 333.7411 and MCR 8.119(D)
cannot be acknowledged.
A. The record is available upon request to:
1. The courts of this state, law enforcement personnel, the Department
of Corrections, and prosecuting attorneys for use only in the
performance of their duties or to determine whether an employee of
the court, law enforcement agency, Department of Corrections, or
prosecutor’s oce has violated his or her conditions of employment
or whether an applicant meets criteria for employment with the court,
law enforcement agency, Department of Corrections, or prosecutor’s
oce.
2. The Attorney Grievance Commission if access to the record is
relevant to a pending investigation pursuant to MCR 9.114(E).
3. The courts of this state, law enforcement personnel, and prosecuting
attorneys for either of the following purposes:
(a) Showing that a defendant in a criminal action under section 81 or
81a of the Michigan Penal Code, 1931 PA 328, MCL 750.81 and
750.81a, a local ordinance substantially corresponding to section
81 of that act has already once availed himself or herself of this
section.
(b) Determining whether the defendant in a criminal action is eligible
for discharge and dismissal of proceedings by a drug treatment
court under section 1076(5) of the Revised Judicature Act of
1961, 1961 PA 236, MCL 600.1076.
4. The Department of Health and Human Services for enforcing child
protection laws and vulnerable adult protection laws or ascertaining
the preemployment criminal history of any individual who will be
engaged in the enforcement of child protection laws or vulnerable
adult protection laws.
5. The Michigan Commission on Law Enforcement Standards created in
section 3 of the Michigan Commission on Law Enforcement Standards
act, 1965 PA 203, MCL 28.603, as follows:
(a) The court placed the individual on probation after March 25,
2002.
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Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
(b) If, at the time of the request, the individual is seeking licensure
as a law enforcement ocer under the Michigan Commission
on Law Enforcement Standards act, 1965 PA 203, MCL 28.601
to 28.615, the Michigan Commission on Law Enforcement
Standards may use the record to determine whether the
individual meets the requirements for licensure as provided in
that act.
(c) If the individual is licensed or certied as a law enforcement
ocer under the Michigan Commission on Law Enforcement
Standards Act, 1965 PA 203, MCL 28.601 to 28.615, the Michigan
Commission on Law Enforcement Standards may use the record
to determine whether the license or certicate may be revoked as
provided in that act.
(d) If the individual is seeking admission to a law enforcement
training academy, the Michigan Commission on Law Enforcement
standards may use the record to determine whether the
individual meets the requirements for admission to the academy
as provided in the Michigan Commission on Law Enforcement
Standards Act, 1965 PA 203, MCL 28.601 to 28.615.
(e) If the individual is seeking a waiver from the law enforcement
ocer minimum standards regarding training requirements,
the Michigan Commission on Law Enforcement Standards
may use the record to determine whether the individual meets
the requirements for the waiver as provided in the Michigan
Commission on Law Enforcement Standards Act, 1965 PA 203,
MCL 28.601 to 28.615.
B. It shall also be open, with written consent of the individual, for use
by the Department of Defense, the Department of State, the Department
of Transportation, the Oce of Personnel Management, the CIA, the
FBI, the Department of Homeland Security, the Oce of the Director of
National Intelligence, and an Executive Agency authorized to conduct
background investigations under federal statute only for the purpose of
determining eligibility for:
1. access to classied information
2. assignment to or retention in sensitive national security duties
3. acceptance or retention in the armed forces
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Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
4. appointment, retention, or assignment to the position of public
trust or a critical or sensitive position while either employed by the
government or performing a government contract. (5 USC 9101[a]
and [b])
C. Access for these federal agencies through a contractual arrangement with
another entity is allowed.
D. If the request is made by a victim in the case, the court may furnish
information or records to the victim that would otherwise be closed to
public inspection under MCL 780.752a (providing notice to a victim),
including information or records related to HYTA participants under MCL
762.14.
E. A defendant shall be allowed access to his or her court le even if it is
being maintained as a nonpublic record. The prosecutor may be furnished
a copy of the record indicating the disposition of the case.
F. If a defendant is sentenced to probation with a condition for the protection
of the victim, and if the victim requests notication, the court shall notify
the victim by mail if the court orders that the probation be terminated
earlier than previously ordered, including furnishing information or records
to the victim that would otherwise be closed to public inspection. (MCL
780.768b; 780.781a; 780.795a; 780.811b; 780.827b)
B20
CRIMINAL: CSC and Assault
with intent to commit CSC.
(MCL 750.520k) Name of
victim and actor and details
of the alleged oense if so
requested by counsel, victim,
or actor.
Duration: Upon request of
counsel, the victim, or the
defendant until the defendant
is arraigned on the information,
the charge is dismissed, or the
case is otherwise concluded,
whichever occurs rst.
Relevant information is to be
“suppressed.”
Court response to inquiries:
“Records regarding the name of the
victim and actor and details of the
alleged oense are nonpublic at this
time pursuant to statute.”
None specied.
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Nonpublic and Limited-Access Court Records
B. CIVIL AND CRIMINAL
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
B21 CRIMINAL: Infectious disease
testing (MCL 333.5129[6],
[7]); Sexual and controlled
substance oenses
Examination results and any
other medical information
pertaining to infectious
disease testing.
Duration: Upon receipt of the
information.
Information shall be “condential.”
Court response to inquiries:
“Records regarding the examination
results and any other medical
information pertaining to infectious
disease testing are nonpublic pursuant
to statute.”
Information shall be disclosed only to: (a) the defendant, (b) the local health
department, (c) the Department of Community Health, or (d) the victim or
other person required to be informed of the results (or the victim’s or other
person’s parent, guardian, or person in loco parentis if the victim or other
person is a minor or otherwise incapacitated). If the defendant is placed in
the custody of the Department of Corrections, the court shall transmit a copy
of the defendant’s examination and test results and other medical information
to the Department of Corrections.
B22
SEARCH WARRANT: Adavit.
(MCL 780.651[8])
Duration: From the time the
search warrant is issued until
the 56th day following issuance,
unless before the 56th day after
it is issued a peace ocer or
prosecuting attorney obtains a
suppression order from a judge
upon a showing under oath that
suppression of the adavit is
necessary to protect an ongoing
investigation or the privacy or
safety of a victim or witness.
Access is restricted until the
expiration of the suppression
order.
The adavit in a court le or court
record retention system is not public.
Court response to inquiries:
“The adavit is nonpublic pursuant to
statute.”
None specied.
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B. CIVIL AND CRIMINAL
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
B23 SEARCH WARRANT:
Tabulation of items seized
through search under warrant
if the court orders the
tabulation suppressed.
(MCL 780.655)
Duration: From the time of entry
of the court order until the nal
disposition of the case unless
otherwise ordered.
Relevant tabulations are “suppressed.”
Court response to inquiries if
tabulation is ordered suppressed:
“The tabulation is nonpublic pursuant
to court order.”
None specied.
B24
Firearms Records:
MCL 28.421b
Firearms records are
condential, are not subject to
disclosure under the Freedom
of Information Act, 1976 PA
442, MCL 15.231 to 15.246, and
shall not be disclosed to any
person.
Duration: From their creation.
Records must be maintained to
ensure they are not subject to public
inspection.
Court response to inquiries:
Firearms records are condential
pursuant to statute.
Firearms records may only be made available to a peace ocer or authorized
system user for the following purposes:
(a) The individual whose rearms records are the subject of disclosure poses
a threat to himself or herself or other individuals, including a peace ocer.
(b) The individual whose rearms records are the subject of disclosure has
committed an oense with a pistol that violates a law of this state, another
state, or the United States.
(c) The pistol that is the subject of the rearms records search may have
been used during the commission of an oense that violates a law of this
state, another state, or the United States.
(d) To ensure the safety of a peace ocer.
(e) For purposes of this act.
(f) A peace ocer or an authorized user has reason to believe that access
to the rearms records is necessary within the commission of his or her
lawful duties. The peace ocer or authorized system user shall enter
and record the specic reason in the system in accordance with the
procedures in section 5e.
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Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
B25 CASE EVALUATION: Case
evaluation and parties’
acceptances and rejections.
(MCR 2.403[N][4])
Duration: From creation of case
evaluation, acceptance and
rejection, and until the time (if
any) when judgment is rendered.
Documents are to be placed in a
sealed envelope.
Court response to inquiries:
“Case evaluations and the parties’
acceptances or rejections are
nonpublic records pursuant to court
rule.”
None specied.
B26 Personal Protection Order
Information
Identity or location of the
protected party on the Internet.
Courts are prohibited by 18 USC
2265(d)(3) and MCR 3.705(C) from
making available to the public on the
Internet any information regarding the
registration of, ling of a petition for,
or issuance of an order under this rule
if such publication would be likely to
publicly reveal the identity or location
of the party protected under the order.
Court response to inquiries:
“That information is forbidden to be
available on the Internet under federal
statute and Michigan Court Rule.”
No exceptions for Internet access to ascertain identity and location of the
party.
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C. FRIEND OF THE COURT – FRIEND OF THE COURT RECORDS ARE NONPUBLIC
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
C1 FOC RECORDS not subject
to subpoena from Michigan
courts (MCR 3.218[A]).
FOC records are not subject to a
subpoena from Michigan courts.
Court response to inquiries:
“FOC records are not subject to a
subpoena issued pursuant to MCR
3.218(A).”
1. Unless release is otherwise prohibited by law, an FOC oce must provide
access to all condential records to the following entities:
A. The Department of Health and Human Services, as necessary to
report suspected abuse or neglect or to allow the DHHS to investigate
or provide services to a party or child in the case.
B. Other agencies and individuals as necessary for the friend of the
court to implement the state’s plan under Title IV, Part D of the Social
Security Act, 42 USC 651, et seq. or as required by the court, state
law, or regulation that is consistent with this state’s IV-D plan.
C. Other agencies that provide services under Title IV, Part D of the
Social Security Act, 42 USC 651, et seq.
D. Auditors from state and federal agencies, as required to perform their
audit functions with respect to a friend of the court matter.
E. Corrections, parole, or probation ocers, when, in the opinion of
the friend of the court, access would assist the oce in enforcing a
provision of custody, parenting time, or support order.
F. Michigan law enforcement personnel who are conducting a civil or
criminal investigation related directly to a friend of the court matter,
and federal law enforcement ocers pursuant to a federal subpoena
in a criminal or civil investigation.
2. A Citizen’s Advisory Committee established under the Friend of the Court
Act, MCL 552.501, et seq., may be given access by court order.
3. Any person who is denied access to friend of the court records or
condential information may le a motion for an order of access with the
judge assigned to the case or, if none, the chief judge.
C2
FOC FILES: Information from
DHHS child protective services
unit or information included
in any reports to protective
services from a friend of the
court oce. (MCR 3.218[A][3]
[b])
Duration: From receipt of the
report.
Reports should be maintained to
ensure they are not subject to public
inspection.
Court response to inquiries:
“Information from DHHS child
protective services unit or information
included in any reports to protective
services from a friend of the court
oce are nonpublic pursuant to court
rule.”
1. Unless release is otherwise prohibited by law, an FOC oce must provide
access to all condential records to the following entities:
A. The Department of Health and Human Services, as necessary to
report suspected abuse or neglect or to allow the DHHS to investigate
or provide services to a party or child in the case.
B. Other agencies and individuals as necessary for the friend of the
court to implement the state’s plan under Title IV, Part D of the Social
Security Act, 42 USC 651, et seq. or as required by the court, state
law, or regulation that is consistent with this state’s IV-D plan.
C. Other agencies that provide services under Title IV, Part D of the
Social Security Act, 42 USC 651, et seq.
C - Page 2 of 7
Nonpublic and Limited-Access Court Records
C. FRIEND OF THE COURT – FRIEND OF THE COURT RECORDS ARE NONPUBLIC
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
D. Auditors from state and federal agencies, as required to perform their
audit functions with respect to a friend of the court matter.
E. Corrections, parole, or probation ocers, when, in the opinion of
the friend of the court, access would assist the oce in enforcing a
provision of custody, parenting time, or support order.
F. Michigan law enforcement personnel who are conducting a civil or
criminal investigation related directly to a friend of the court matter,
and federal law enforcement ocers pursuant to a federal subpoena
in a criminal or civil investigation.
2. A Citizen’s Advisory Committee established under the Friend of the Court
Act, MCL 552.501 et seq., may be given access by court order.
3. Any person who is denied access to friend of the court records or
condential information may le a motion for an order of access with the
judge assigned to the case or, if none, the chief judge.
C3 FOC FILES: Records from
alternative dispute resolution
processes. (MCR 3.218[A][3]
[c])
Duration: From receipt of the
report.
Alternative Dispute Resolution records
should be maintained to ensure they
are not subject to public inspection.
Court response to inquiries:
“Formal alternative dispute records are
nonpublic pursuant to court rule.”
1. Unless release is otherwise prohibited by law, an FOC oce must provide
access to all condential records to the following entities:
A. The Department of Health and Human Services, as necessary to
report suspected abuse or neglect or to allow the DHHS to investigate
or provide services to a party or child in the case.
B. Other agencies and individuals as necessary for the friend of the
court to implement the state’s plan under Title IV, Part D of the Social
Security Act, 42 USC 651, et seq. or as required by the court, state
law, or regulation that is consistent with this state’s IV-D plan.
C. Other agencies that provide services under Title IV, Part D of the
Social Security Act, 42 USC 651, et seq.
D. Auditors from state and federal agencies, as required to perform their
audit functions with respect to a friend of the court matter.
E. Corrections, parole, or probation ocers, when, in the opinion of
the friend of the court, access would assist the oce in enforcing a
provision of custody, parenting time, or support order.
F. Michigan law enforcement personnel who are conducting a civil or
criminal investigation related directly to a friend of the court matter,
and federal law enforcement ocers pursuant to a federal subpoena
in a criminal or civil investigation.
C - Page 3 of 7
Nonpublic and Limited-Access Court Records
C. FRIEND OF THE COURT – FRIEND OF THE COURT RECORDS ARE NONPUBLIC
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
2. A Citizen’s Advisory Committee established under the Friend of the Court
Act, MCL 552.501, et seq., may be given access by court order.
3. Any person who is denied access to friend of the court records or
condential information may le a motion for an order of access with the
judge assigned to the case or, if none, the chief judge.
C4 FOC FILES: Any information,
when a court order prohibits
its release (MCR 3.218[A][3][f])
Duration: From receipt of the
information.
Information made condential by court
order should be maintained to ensure
it is not subject to public inspection.
Court response to inquiries:
“This information is nonpublic pursuant
to court rule and a court order.”
1. Unless release is otherwise prohibited by law, an FOC oce must
provide access to all condential records to the following entities:
A. The Department of Health and Human Services, as necessary to
report suspected abuse or neglect or to allow the DHHS to investigate
or provide services to a party or child in the case.
B. Other agencies and individuals as necessary for the friend of the
court to implement the state’s plan under Title IV, Part D of the Social
Security Act, 42 USC 651, et seq. or as required by the court, state
law, or regulation that is consistent with this state’s IV-D plan.
C. Other agencies that provide services under Title IV, Part D of the
Social Security Act, 42 USC 651, et seq.
D. Auditors from state and federal agencies, as required to perform their
audit functions with respect to a friend of the court matter.
E. Corrections, parole, or probation ocers, when, in the opinion of
the friend of the court, access would assist the oce in enforcing a
provision of custody, parenting time, or support order.
F. Michigan law enforcement personnel who are conducting a civil or
criminal investigation related directly to a friend of the court matter,
and federal law enforcement ocers pursuant to a federal subpoena
in a criminal or civil investigation.
2. A Citizen’s Advisory Committee established under the Friend of the Court
Act, MCL 552.501, et seq., may be given access by court order.
3. Any person who is denied access to friend of the court records or
condential information may le a motion for an order of access with the
judge assigned to the case or, if none, the chief judge.
C5 FOC FILES: Communications
from minors. (MCR 3.218[A][3]
[d])
Duration: From receipt of the
communication.
Communications from minors should
be maintained to ensure they are not
subject to public inspection.
1. Unless release is otherwise prohibited by law, an FOC oce must provide
access to all condential records to the following entities:
A. The Department of Health and Human Services, as necessary to
report suspected abuse or neglect or to allow the DHHS to investigate
or provide services to a party or child in the case.
B. Other agencies and individuals as necessary for the friend of the
C - Page 4 of 7
Nonpublic and Limited-Access Court Records
C. FRIEND OF THE COURT – FRIEND OF THE COURT RECORDS ARE NONPUBLIC
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
Court response to inquiries:
“Communications from minors are
nonpublic pursuant to court rule.”
court to implement the state’s plan under Title IV, Part D of the Social
Security Act, 42 USC 651, et seq. or as required by the court, state
law, or regulation that is consistent with this state’s IV-D plan.
C. Other agencies that provide services under Title IV, Part D of the
Social Security Act, 42 USC 651, et seq.
D. Auditors from state and federal agencies, as required to perform their
audit functions with respect to a friend of the court matter.
E. Corrections, parole, or probation ocers, when, in the opinion of
the friend of the court, access would assist the oce in enforcing a
provision of custody, parenting time, or support order.
F. Michigan law enforcement personnel who are conducting a civil or
criminal investigation related directly to a friend of the court matter,
and federal law enforcement ocers pursuant to a federal subpoena
in a criminal or civil investigation.
2. A Citizen’s Advisory Committee established under the Friend of the Court
Act, MCL 552.501, et seq., may be given access by court order.
3. Any person who is denied access to friend of the court records or
condential information may le a motion for an order of access with the
judge assigned to the case or, if none, the chief judge.
C6 FOC FILES: Information
classied as condential by
laws and regulations of Title
IV, part D of the Social Security
Act. (MCR 3.218[A][3][h])
Duration: From receipt of the
information.
IV-D condential information must be
maintained to ensure it is not subject
to public inspection.
Court response to inquiries:
“IV-D condential information is
nonpublic pursuant to court rule.”
1. Unless release is otherwise prohibited by law, an FOC oce must provide
access to all condential records to the following entities:
A. The Department of Health and Human Services, as necessary to
report suspected abuse or neglect or to allow the DHHS to investigate
or provide services to a party or child in the case.
B. Other agencies and individuals as necessary for the friend of the
court to implement the state’s plan under Title IV, Part D of the Social
Security Act, 42 USC 651, et seq. or as required by the court, state
law, or regulation that is consistent with this state’s IV-D plan.
C. Other agencies that provide services under Title IV, Part D of the
Social Security Act, 42 USC 651, et seq.
D. Auditors from state and federal agencies, as required to perform their
audit functions with respect to a friend of the court matter.
E. Corrections, parole, or probation ocers, when, in the opinion of
the friend of the court, access would assist the oce in enforcing a
provision of custody, parenting time, or support order.
F. Michigan law enforcement personnel who are conducting a civil or
C - Page 5 of 7
Nonpublic and Limited-Access Court Records
C. FRIEND OF THE COURT – FRIEND OF THE COURT RECORDS ARE NONPUBLIC
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
criminal investigation related directly to a friend of the court matter,
and federal law enforcement ocers pursuant to a federal subpoena
in a criminal or civil investigation.
2. A Citizen’s Advisory Committee established under the Friend of the Court
Act, MCL 552.501, et seq., may be given access by court order.
3. Any person who is denied access to friend of the court records or
condential information may le a motion for an order of access with the
judge assigned to the case or, if none, the chief judge.
C7 FOC GRIEVANCE: Grievances
led by opposing party and
responses. (MCR 3.218[A][3]
[e])
Duration: From receipt of the
grievance or response.
Grievances and responses should
be maintained to ensure they are not
subject to public inspection.
Court response to inquiries:
“Friend of the court grievance records
are nonpublic pursuant to court rule.”
1. Unless release is otherwise prohibited by law, an FOC oce must provide
access to all condential records to the following entities:
A. The Department of Health and Human Services, as necessary to
report suspected abuse or neglect or to allow the DHHS to investigate
or provide services to a party or child in the case.
B. Other agencies and individuals as necessary for the friend of the
court to implement the state’s plan under Title IV, Part D of the Social
Security Act, 42 USC 651, et seq. or as required by the court, state
law, or regulation that is consistent with this state’s IV-D plan.
C. Other agencies that provide services under Title IV, Part D of the
Social Security Act, 42 USC 651, et seq.
D. Auditors from state and federal agencies, as required to perform their
audit functions with respect to a friend of the court matter.
E. Corrections, parole, or probation ocers, when, in the opinion of
the friend of the court, access would assist the oce in enforcing a
provision of custody, parenting time, or support order.
F. Michigan law enforcement personnel who are conducting a civil or
criminal investigation related directly to a friend of the court matter,
and federal law enforcement ocers pursuant to a federal subpoena
in a criminal or civil investigation.
2. A Citizen’s Advisory Committee established under the Friend of the Court
Act, MCL 552.501, et seq., may be given access by court order.
3. Any person who is denied access to friend of the court records or
condential information may le a motion for an order of access with the
judge assigned to the case or, if none, the chief judge.
C - Page 6 of 7
Nonpublic and Limited-Access Court Records
C. FRIEND OF THE COURT – FRIEND OF THE COURT RECORDS ARE NONPUBLIC
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
C8 FOC FILES: Except as
provided in MCR 3.219, any
information for which a
privilege could be claimed,
or that was provided by a
government agency subject to
the express written condition
that it remain condential.
(MCR 3.218[A][3][G])
Duration: From receipt of the
information.
Relevant information must be
maintained to ensure it is not subject
to public inspection.
Court response to inquiries:
“These friend of the court records are
nonpublic pursuant to court rule.”
1. Unless release is otherwise prohibited by law, an FOC oce must provide
access to all condential records to the following entities:
A. The Department of Health and Human Services, as necessary to
report suspected abuse or neglect or to allow the DHS to investigate
or provide services to a party or child in the case.
B. Other agencies and individuals as necessary for the friend of the
court to implement the state’s plan under Title IV, Part D of the Social
Security Act, 42 USC 651, et seq. or as required by the court, state
law, or regulation that is consistent with this state’s IV-D plan.
C. Other agencies that provide services under Title IV, Part D of the
Social Security Act.
D. Auditors from state and federal agencies, as required to perform their
audit functions with respect to a friend of the court matter.
E. Corrections, parole, or probation ocers, when, in the opinion of
the friend of the court, access would assist the oce in enforcing a
provision of custody, parenting time, or support order.
F. Michigan law enforcement personnel who are conducting a civil or
criminal investigation related directly to a friend of the court matter,
and federal law enforcement ocers pursuant to a federal subpoena
in a criminal or civil investigation.
2. A Citizen’s Advisory Committee established under the Friend of the Court
act, MCL 552.501, et seq., may be given access by court order.
3. Any person who is denied access to friend of the court records or
condential information may le a motion for an order of access with the
judge assigned to the case or, if none, the chief judge.
C9 FOC STAFF NOTES: Sta
notes. (MCR 3.218[A][3][a])
Duration: From creation of the
notes.
Notes should be maintained to
ensure they are not subject to public
inspection.
Court response to inquiries:
“Friend of the court sta notes are
nonpublic pursuant to court rule.”
1. Unless release is otherwise prohibited by law, an FOC oce must provide
access to all condential records to the following entities:
A. The Department of Health and Human Services, as necessary to
report suspected abuse or neglect or to allow the DHHS to investigate
or provide services to a party or child in the case.
B. Other agencies and individuals as necessary for the friend of the
court to implement the state’s plan under Title IV, Part D of the Social
Security Act, 42 USC 651, et seq. or as required by the court, state
law, or regulation that is consistent with this state’s IV-D plan.
C. Other agencies that provide services under Title IV, Part D of the
Social Security Act, 42 USC 651, et seq.
C - Page 7 of 7
Nonpublic and Limited-Access Court Records
C. FRIEND OF THE COURT – FRIEND OF THE COURT RECORDS ARE NONPUBLIC
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
D. Auditors from state and federal agencies, as required to perform their
audit functions with respect to a friend of the court matter.
E. Corrections, parole, or probation ocers, when, in the opinion of
the friend of the court, access would assist the oce in enforcing a
provision of custody, parenting time, or support order.
F. Michigan law enforcement personnel who are conducting a civil or
criminal investigation related directly to a friend of the court matter,
and federal law enforcement ocers pursuant to a federal subpoena
in a criminal or civil investigation.
2. A Citizen’s Advisory Committee established under the Friend of the Court
Act, MCL 552.501, et seq., may be given access by court order.
3. Any person who is denied access to friend of the court records or
condential information may le a motion for an order of access with the
judge assigned to the case or, if none, the chief judge.
D - Page 1 of 9
Nonpublic and Limited-Access Court Records
D. JUVENILE CODE
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
D1 ALL RECORDS OF A CASE
BROUGHT UNDER THE
JUVENILE CODE
(MCL 712A.28)
Juvenile Delinquency: All
delinquency cases, including
trac tickets/citations*
Child Protective: All abuse
and neglect cases.
Duration: From the creation of
the le.
Records must be maintained to
ensure they are not subject to public
inspection.
Court response to inquiries: “There
is no public record.”
Records of a case brought before the court are not open to the public and are
only open to those with a legitimate interest.
*Pursuant to MCL 712A.1, “court” is dened as the family division of circuit
court.
D2
DESIGNATED CASE:
Immunity (MCL 767A.8)
Documents related to
prosecutor-sought immunity
(including petitions and orders
for immunity and transcripts
of testimony delivered to
witnesses pursuant to grants
of immunity).
Duration: From the time the
prosecutor seeks immunity.
Relevant documents shall not be
available for public inspection or
copying and shall not be divulged.
Court response to inquiries:
“Documents related to prosecutor-
sought immunity (including petitions
and orders for immunity and
transcripts of testimony delivered
to witnesses pursuant to grants of
immunity) are nonpublic pursuant to
statute.”
Relevant documents shall not be divulged to any person.
D - Page 2 of 9
Nonpublic and Limited-Access Court Records
D. JUVENILE CODE
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
D3 DESIGNATED CASE:
Documents subject to
protective orders. (MCR
6.201[E]) Protected document
and record of hearing on
issuance of a protective
order if the court grants the
protective order.
Duration: Permanently from the
granting of the protective order.
Record must be sealed (and
preserved for review in the event of an
appeal).
Court response to inquiries:
“Record of hearing on issuance of a
protective order if the court grants the
protective order is nonpublic pursuant
to court rule.”
None specied.
D4
DESIGNATED CASE: Excision
of discovery materials. (MCR
6.201[D]) Record of hearing
on excision of portions of
material under discovery if the
court grants the excision.
Duration: Permanently from the
granting of the order.
Record must be sealed (and
preserved for review in the event of an
appeal).
Court response to inquiries:
“Record of hearing on excision of
portions of material under discovery
if the court grants the excision is
nonpublic pursuant to court rule.”
None specied.
D5
FINGERPRINTS AND
PHOTOGRAPHS: Fingerprints
and photographs taken
when required by statute or
permitted by the court. (MCL
28.243; MCR 3.923[C])
Duration: From creation until
they are forwarded to MSP or
they are destroyed.
Fingerprints and photographs must be
placed in the condential les, capable
of being located and destroyed on
court order.
Court response to inquiries:
“Fingerprints and photographs taken
when required by statute or permitted
by the court are nonpublic pursuant to
statute and court rule.”
Only persons found by the court to have a legitimate interest considering the
nature of the proceedings, the welfare and safety of the public, the interest
of the minor, and any restriction imposed by state or federal law. (MCR
3.925[D])
D - Page 3 of 9
Nonpublic and Limited-Access Court Records
D. JUVENILE CODE
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
D6 JUVENILE DELINQUENCY:
Consent Calendar Records.
(MCR 3.932(C)(8); MCL712A.2f)
Entire le.
Duration: From the date of
creation.
Relevant information must be
maintained to ensure it is not subject
to public inspection.
Court response to inquiries:
“There is no public record.”
Consent calendar records shall be closed to public inspection, but shall
be provided to the following upon request: juvenile, the juvenile’s parents,
guardian, legal custodian, guardian ad litem, counsel for the juvenile, DHHS
if related to an investigation of neglect or abuse, law enforcement personnel,
prosecutor, and other courts. MCL 712A.2f(5).
Consent calendar records shall not be disclosed to federal agencies or
military recruiters.
D7
JUVENILE DELINQUENCY:
Diversion records. (MCL
722.827-722.828 722.829)
Duration: From the decision by
the court to divert the juvenile.
The court shall keep a “separate
diversion record” for the minor.
Court response to inquiries:
“There is no public record.”
The existence of diversion records
cannot be acknowledged.
A record required to be kept under this act shall be open to a law enforcement
agency or court intake worker only for the purpose of deciding whether to
divert a minor. (MCL 722.828) A diversion record shall also be open only
by order of the court to persons having a legitimate interest. (MCL 722.829)
Diversion records may not be disclosed to federal agencies and military
recruiters. Petitions are not authorized in diversion records, and they are not
“formal criminal charges.” 5 USC 9101 (a)(2)
D - Page 4 of 9
Nonpublic and Limited-Access Court Records
D. JUVENILE CODE
D8 JUVENILE DELINQUENCY:
Setting aside an adjudication.
(MCL 712A.18e[13])
Entire juvenile le is
nonpublic.
Records must be maintained to
ensure they are not subject to public
inspection. A person who knows or
should know that an adjudication was
set aside and who divulges, uses, or
publishes information concerning an
adjudication set-aside is guilty of a
misdemeanor.
Court response to inquiries:
“There is no public record.”
The existence of records setting
aside a conviction cannot be
acknowledged.
A. This nonpublic record is only open to: (a) a court of competent
jurisdiction, (b) an agency of the judicial branch of state government, (c)
a law enforcement agency, (d) a prosecuting attorney, (e) the attorney
general, or (f) the governor, upon request and only for the purpose of:
1. consideration of a licensing function conducted by an agency of the
judicial branch of state government
2. consideration by a law enforcement agency if a person whose
adjudication has been set aside applies for employment with that
agency
3. to show that a person who has led an application to set aside an
adjudication has previously had one set aside under this subsection
4. the court’s consideration in determining the sentence to be imposed
upon conviction for a subsequent oense that is punishable as a
felony or by imprisonment for more than one year
5. consideration by the governor if a person whose adjudication has
been set aside applies for a pardon for another oense. (MCL
712A.18e[13])
B. It shall also be open, with consent of the individual, for use by the
Department of Defense, the Department of State, the Department of
Transportation, the Oce of Personnel Management, the CIA, the FBI,
the Department of Homeland Security, the Oce of the Director of
National Intelligence, and an Executive Agency authorized to conduct
background investigations under federal statute only for the purpose of
determining eligibility for:
1. access to classied information
2. assignment to or retention in sensitive national security duties
3. acceptance or retention in the armed forces
4. appointment, retention, or assignment to a position of public trust or a
critical or sensitive position while either employed by the government
or performing a government contract. (5 USC 9101[a] and [b])
C. Access for these federal agencies through a contractual arrangement with
another entity is allowed.
D. A defendant shall be allowed access to his or her court le even if it is
being maintained as a nonpublic record.
E. The prosecutor may be furnished a copy of the record indicating the
disposition of the case.
D - Page 5 of 9
Nonpublic and Limited-Access Court Records
D. JUVENILE CODE
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
D9 JUVENILE DELINQUENCY:
Infectious disease testing.
(MCL 333.5129[6], [7])
Sexual and controlled
substance oenses
Examination results and any
other medical information
pertaining to infectious
disease testing.
Duration: Upon receipt of the
information.
Information shall be condential.
Court response to inquiries:
“There is no public record.”
The existence of infectious disease
records cannot be acknowledged.
Information shall be disclosed only to:
A. the defendant or child
B. the local health department
C. the Department of Community Health
D. the victim or other person required to be informed of the results (or the
victim’s or other person’s parent, guardian, or person in loco parentis if
the victim or other person is a minor or otherwise incapacitated).
E. Information can also be disclosed upon written authorization of the
defendant or the child, or the child’s parent, guardian, or person in loco
parentis.
F. If the juvenile is placed in the custody of a person related to the child or
a public or private agency, institution, or facility, the court shall transmit
a copy of the juvenile’s examination results to the person related to the
juvenile or the director of the agency, institution, or facility.
D10
JUVENILE DELINQUENCY:
Victim information
(MCL 780.784)
The separate statement
of the victim(s)’s name(s),
address(es), and phone
number(s) submitted by
the investigating agency
when they le a petition or
complaint.
Duration: From the time the
information is received.
Information shall be on a statement
separate from the petition or complaint
and shall not be a matter of public
record.
Court response to inquiries:
“Victim home and work addresses
and telephone numbers are nonpublic
pursuant to statute
None specied.
D11
JUVENILE DELINQUENCY:
Minor in possession.
(MCL 436.1703[3] and
MCL 712A.28)
Entire le
Records should be maintained to
ensure they are not subject to public
inspection.
The nonpublic record shall be furnished to any of the following:
A. to a court, prosecutor, or police agency upon request for the purpose of
determining if an individual has already utilized the subsection
B. to the Department of Corrections, a prosecutor, or a law enforcement
agency, upon request, subject to the following conditions:
D - Page 6 of 9
Nonpublic and Limited-Access Court Records
D. JUVENILE CODE
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
Duration: From the time of
creation.
Court response to inquiries:
“There is no public record.”
The existence of records governed
by MCL 436.1703(3) cannot be
acknowledged.
1. at the time of the request, the individual is an employee of the
Department of Corrections, the prosecutor, or the law enforcement
agency or an applicant for employment with the Department of
Corrections, the prosecutor, or the law enforcement agency
2. the record is used by the Department of Corrections, the prosecutor,
or the law enforcement agency only to determine whether an
employee has violated his or her conditions of employment or whether
an applicant meets the criteria for employment. (MCL 436.1703[3])
C. The nonpublic record shall also be open, with consent of the individual,
for use by the Department of Defense, the Department of State, the
Department of Transportation, the Oce of Personnel Management, the
CIA, the FBI, the Department of Homeland Security, the Oce of the
Director of National Intelligence, and an Executive Agency authorized
to conduct background investigations under federal statute only for the
purpose of determining eligibility for:
1. access to classied information
2. assignment to or retention in sensitive national security duties
3. acceptance or retention in the armed forces
4. appointment, retention, or assignment to a position of public trust or a
critical or sensitive position while either employed by the government
or performing a government contract. (5 USC 9101[a] and [b]).
D. Access for these federal agencies through a contractual arrangement with
another entity is allowed.
E. A defendant shall be allowed access to his or her court le even if it is
being maintained as a nonpublic record.
F. The prosecutor may be furnished a copy of the record indicating the
disposition of the case.
G. If a defendant is sentenced to probation with a condition for the protection
of the victim, and if the victim requests notication, the court shall notify
the victim by mail if the court orders that the probation be terminated
earlier than previously ordered, including furnishing information or records
to the victim that would otherwise be closed to public inspection. (MCL
780.768b; 780.781a; 780.795a; 780.811b; 780.827b)
D - Page 7 of 9
Nonpublic and Limited-Access Court Records
D. JUVENILE CODE
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
D12 JUVENILE DELINQUENCY:
Drug court. (MCL
600.1076[10]) Drug court case
les remain a nonpublic record
at the time the court orders the
deferred judgment.
Duration: From the date of
creation of the record.
Records must be maintained to
ensure they are not subject to public
inspection.
Court response to inquiries:
“There is no public record.”
A. The nonpublic record shall be open to the following individuals and
entities for the purposes noted:
1. The courts of this state, law enforcement personnel, the Department
of Corrections, and prosecuting attorneys for use only in the
performance of their duties or to determine whether an employee of
the court, law enforcement agency, Department of Corrections, or
prosecutor’s oce has violated his or her conditions of employment
or whether an applicant meets criteria for employment with the court,
law enforcement agency, Department of Corrections, or prosecutor’s
oce.
2. The courts of this state, law enforcement personnel, and prosecuting
attorneys for the purpose of showing that a defendant has already
once availed himself or herself of this section.
3. The Department of Health and Human Services for enforcing child
protection laws and vulnerable adult protection laws or ascertaining
the preemployment criminal history of any individual who will be
engaged in the enforcement of child protection laws or vulnerable
adult protection laws.
B. The nonpublic record shall also be open, with consent of the individual,
for use by the Department of Defense, the Department of State, the
Department of Transportation, the Oce of Personnel Management, the
CIA, the FBI, the Department of Homeland Security, the Oce of the
Director of National Intelligence, and an Executive Agency authorized
to conduct background investigations under federal statute only for the
purpose of determining eligibility for:
1. access to classied information
2. assignment to or retention in sensitive national security duties
3. acceptance or retention in the armed forces
4. appointment, retention, or assignment to a position of public trust or a
critical or sensitive position while either employed by the government
or performing a government contract. (5 USC 9101[a] and [b]).
C. Access for these federal agencies through a contractual arrangement with
another entity is allowed.
D. A defendant shall be allowed access to his or her court le even if it is
being maintained as a nonpublic record.
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Nonpublic and Limited-Access Court Records
D. JUVENILE CODE
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
E. The prosecutor may be furnished a copy of the record indicating the
disposition of the case.
F. If a defendant is sentenced to probation with a condition for the protection
of the victim, and if the victim requests notication, the court shall notify
the victim by mail if the court orders that the probation be terminated
earlier than previously ordered, including furnishing information or records
to the victim that would otherwise be closed to public inspection. (MCL
780.768b; 780.781a; 780.795a; 780.811b; 780.827b)
D13
JUVENILE DELINQUENCY:
Drug court. (MCL 600.1064[4])
Statements or information
obtained as a result of
participating in a preadmission
screening and evaluation
assessment under MCL
600.1064(3).
Duration: From the time of the
preadmission screening.
Records must be maintained to
ensure they are not subject to public
inspection.
Court response to inquiries:
“There is no public record.”
The existence of drug court records
cannot be acknowledged.
Statements and information obtained as a result of participating in a
preadmission screening and evaluation assessment under MCL 600.1064(3)
are condential and exempt from disclosure under the Freedom of Information
Act and shall not be used in criminal prosecution unless it reveals criminal
acts other than or inconsistent with personal drug use. If a defendant is
sentenced to probation with a condition for the protection of the victim, and if
the victim requests notication, the court shall notify the victim by mail if the
court orders that the probation be terminated earlier than previously ordered,
including furnishing information or records to the victim that would otherwise
be closed to public inspection. (MCL 780.768b; 780.781a; 780.795a;
780.811b; 780.827b)
D14
REIMBURSEMENT ORDERS:
Child protective, designated,
juvenile delinquency, and
juvenile waiver cases. (MCL
712A.28) Information on
action taken for not abiding by
a reimbursement order (unless
parents or adults found guilty
of contempt).
Relevant information should be
maintained to ensure it is not subject
to public inspection.
Court response to inquiries:
“This information is nonpublic pursuant
to statute.”
The existence of records governed
by MCL 712A.28 cannot be
acknowledged.
The court shall furnish the Department of Health and Human Services and a
county juvenile agency with reports of the administration of the court in a form
recommended by the Michigan Association of Probate and Juvenile Court
judges. Copies of these reports shall, upon request, be made available to
other state departments by the Department of Health and Human Services.
Information shall not be released for publicity.
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Nonpublic and Limited-Access Court Records
D. JUVENILE CODE
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
D15 SOCIAL FILE: Entire le.
(MCL 712A.28, MCR 3.903[3];
3.925[D])
Duration: From the creation of
the record or document.
All relevant information must be
maintained to ensure it is not subject
to public inspection.
Court response to inquiries:
“Juvenile les are nonpublic pursuant
to court rule.”
Only persons found by the court to have a legitimate interest considering the
nature of the proceedings, the welfare and safety of the public, the interest of
the minor, and any restriction imposed by state or federal law.
(MCR 3.925[D])
Records of a case brought before the court are not open to the general public
and are open only to persons having a legitimate interest. (MCL 712A.28[3])
D16
Juvenile Competency
Evaluations. (MCL 330.2070)
After adjudication or if the
juvenile is found to be unable
to regain competence, the court
shall order all the reports that are
submitted according to sections
1062 to 1068 to be sealed.
Reports must be maintained to
ensure they are not subject to public
inspection.
Court response to inquiries:
“Records are sealed pursuant to
statute (MCL 330.2070) and court
order.”
(1) The court may order that the reports be opened only as follows:
(a) For further competency or criminal responsibility evaluations.
(b) For statistical analysis.
(c) If the records are considered to be necessary to assist in mental health
treatment ordered under this act.
(d) For data gathering.
(e) For scientic study or other legitimate research.
(2) If the court orders reports to be open for the purposes of statistical
analysis, data gathering, or scientic study according to subsection (5), the
reports shall remain condential.
(3) Any statement that a juvenile makes during a competency evaluation, or
any evidence resulting from that statement, is not subject to disclosure.
D17
CHILD VICTIMS AND
WITNESSES: Child protective
and juvenile delinquency
cases – does not apply to a
juvenile delinquent. (MCL
712A.28[2]) Records of a
hearing closed under MCL
712A.17.
Duration: From beginning of the
hearing.
Hearing records closed under MCL
712A.17 are nonpublic.
Court response to inquiries:
“Child victim and witness testimony is
nonpublic for a hearing closed under
MCL 712A.17(7).”
Hearing records are open only by court order to persons having a legitimate
interest.
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Nonpublic and Limited-Access Court Records
E. ADOPTION AND OTHER FAMILY
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
E1 ADOPTION: Entire le.
(MCL 710.67-68)
Duration: From the creation of
the le.
ADOPTION-Delayed
Registration of Birth: Entire
File (MCL 333.2830)
MCR 3.617.
Duration: From the creation of
the le.
Adoption records shall be kept in
“separate locked les” and shall
not be open to inspection or copy
except upon order of a court of record
for good cause shown expressly
permitting inspection or copy.
Court response to inquiries:
“Adoption les are nonpublic pursuant
to statute.”
1. A person in charge of adoption records shall not disclose the names of
the biological or adoptive parents of an adopted person, unless ordered
to do so by a court of record or as provided in subsection (4) or in MCL
710.68, except to meet requirements of the director of public health for
the purpose of creating a new certicate of birth in the adoptive name and
sealing the original certicate of birth.
2. After an order of adoption has been entered under MCL 710.56, the
court shall permit the Children’s Ombudsman to inspect closed adoption
records in connection with an investigation authorized under the
Children’s Ombudsman Act, Act 1994 PA 204, being sections 722.921
to 722.935 of the Michigan Compiled Laws. The ombudsman shall not
disclose information obtained by an inspection under this subsection.
If the Children’s Ombudsman requires further information from an
individual whose identity is protected in closed adoption records, the
ombudsman shall contact the individual discreetly and condentially.
The ombudsman shall inform the individual that his or her participation
in the ombudsman’s investigation is condential, is strictly voluntary, and
will not alter or constitute a challenge to the adoption. The ombudsman
shall honor the individual’s request not to be contacted further. As used
in this subsection, “Children’s Ombudsman” or “ombudsman” means the
ombudsman appointed pursuant to MCL 722.923, or his or her designee.
3. A court with continuing jurisdiction, including an oce of the friend of the
court, is an interested party pursuant to MCL 710.24a and can be notied
of the nal order of adoption.
E2
NAME CHANGE: If the court
orders the name change to
be condential, the entire le.
(MCL 711.3; MCR 3.613[E]).
Duration: From the entry of the
order.
Records must be maintained in a
sealed envelope marked condential
and placed in a private le.
Court response to inquiries:
“Name change les are nonpublic
pursuant to statute and court rule.”
Except as otherwise ordered by the court, only the original petitioner may gain
access to the condential record. A court ocer, employee, or agent who
divulges, uses, or publishes, beyond the scope of his or her duties with the
court, information from a record made condential under this section is guilty
of a misdemeanor.
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Nonpublic and Limited-Access Court Records
E. ADOPTION AND OTHER FAMILY
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
E3 WAIVER OF PARENTAL
CONSENT FOR ABORTION:
Entire le. (MCR 3.615[B][3]);
In Re F. G., Minor, 264Mich App
413 (2004).
Duration: From the creation of
the le.
See MCR 3.615(B)(2) for the
procedure to insure condentiality
Court response to inquiries:
“There is no public record.”
The existence of waiver of consent
records cannot be acknowledged.
The le shall be inspected only by “the judge, the minor, his or her attorney,
his or her next friend, the guardian ad litem, and any other person authorized
by the minor.” “After the proceedings are completed, the le may be opened
only by order of the court for good cause shown and only for a purpose
specied in the order of the court.”
E4
SAFE DELIVERY OF
NEWBORNS Hearings and
records of proceedings. (MCL
712.2a).
Duration: From the creation of
the le.
Relevant information must be
maintained to ensure it is not subject
to public inspection.
Court response to inquiries:
“There is no public record.”
The existence of hearings and
records of proceedings governed
by MCL 712.2a cannot be
acknowledged.
“A hearing under this chapter is closed to the public. A record of a proceeding
under this chapter is condential, except that the record is available to any
individual who is a party to that proceeding.” “An individual who discloses
information made condential under subsection (1) or (2) without a court
order or specic authorization under federal or state law is guilty of a
misdemeanor punishable by imprisonment for not more than 93 days or a ne
of not more than $100.00, or both. An individual who discloses information
made condential under subsection (1) or (2) without a court order or
specic authorization under federal or state law is civilly liable for damages
proximately caused by disclosure of that information.”
E5 YOUNG ADULT VOLUNTARY
FOSTER CARE: Entire le.
MCR 3.616(G)
Duration: From the ling of the
petition and the opening of the
le.
Court response to inquiries:
“There is no public record.”
The Department of Health and Human Services and the youth are entitled
to access to the records contained in the le, but otherwise, the le is
condential.
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Nonpublic and Limited-Access Court Records
F. PROBATE COURT
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
F1 CONSERVATORSHIP:
Condential settlement of
lawsuit where the settlement
amount is relevant to
the conservatorship. All
documents pertaining to the
settlement are condential.
Duration: From receipt of the
information.
The papers concerning a condential
settlement must be maintained to
ensure they are not subject to public
inspection.
Court response to inquiries:
“Condential settlement information is
nonpublic pursuant to court order.”
If the settlement provides that the settlement must not be made public, the
court may provide that the papers concerning the trust or settlement may not
be subject to public inspection.
F2 DECEDENT’S ESTATE:
Condential settlement of
lawsuit where the settlement
amount is relevant to the
decedent’s estate. All
documents pertaining to the
settlement are condential.
Duration: From receipt of the
information.
The papers concerning a condential
settlement must be maintained to
ensure they are not subject to public
inspection.
Court response to inquiries:
“Condential settlement information is
nonpublic pursuant to court order.”
If the settlement provides that the settlement must not be made public, the
court may provide that the papers concerning the trust or settlement may not
be subject to public inspection.
F3
GUARDIANSHIP FOR
DEVELOPMENTALLY
DISABLED INDIVIDUAL:
Report to accompany initial
petition. (MCL 330.1612[4])
Duration: From receipt of the
report.
A report of a physician, psychologist,
or other evaluator shall not be made
part of the public record of the
proceedings. A report is available
to the court or to an appellate court
to which the proceedings may be
appealed.
Court response to inquiries:
“The accompanying report is nonpublic
pursuant to statute.”
The report is to be available only to the respondent, the petitioner, their
attorneys, and to other individuals as the court directs.
F4
GUARDIANSHIP OF MINOR:
Social History Form PC 670.
(MCR 5.404[A][4])
The Social History Form for minor
guardianship is condential, and is not
to be released, except on order of the
court, to the parties or the attorneys
The social history form may only be released by court order.
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Nonpublic and Limited-Access Court Records
F. PROBATE COURT
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
Duration: From receipt of the
social history.
for the parties.
Court response to inquiries:
“The social history is nonpublic
pursuant to court rule.”
F5
GUARDIANSHIP FOR
LEGALLY INCAPACITATED
INDIVIDUAL: Report to
accompany initial petition.
(MCL 700.5304[1])
Duration: From receipt of the
report.
A report of a physician or mental
health professional shall not be
made part of the public record of the
proceedings. A report is available
to the court or to an appellate court
to which the proceedings may be
appealed.
Court response to inquiries:
“The accompanying report is nonpublic
pursuant to statute.”
The report is to be available only to the alleged incapacitated individual, the
petitioner, their attorneys, and to other individuals as the court directs.
F6
THE PETITION AND ANY
CLINICAL CERTIFICATE FOR
AN INDIVIDUAL FOUND NOT
TO BE A PERSON REQUIRING
TREATMENT. (MCL 330.1434)
The petition and any clinical
certicate must be maintained by
the court as a condential record.
A report is available to the court or
to an appellate court to which the
proceedings may be appealed.
Court response to inquiries:
“The petition and clinical certicate(s)
is/are nonpublic pursuant to statute.”
Only persons authorized under chapter 4 of the Mental Health Code to
receive notice of the petition or clinical certicate may be provided access,
which include the individual, the individual’s attorney, the petitioner, the
prosecuting attorney or petitioner’s attorney, director of any hospital or center
to which the individual has been admitted, the individual’s spouse, if the
spouse’s whereabouts are known, the individual’s guardian, if any, and other
relatives or persons as the court may determine.
F7
PETITIONS REQUESTING
COURT DETERMINATION
WHETHER SERVICES ARE
NECESSARY FOR A MINOR
(MCL 330.1266): A minor’s
parent or person in loco
parentis to a minor may
petition the court requesting
the court’s determination as to
Court records maintained under
this section are condential and
open only by order of the court
to persons having a legitimate
interest.
Court response to inquiries:
“There is no public record.”
Persons seeking access must request a court order.
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Nonpublic and Limited-Access Court Records
F. PROBATE COURT
Record Type and Duration of
Limited Access
Maintenance Requirements and
Response to Inquiries
Authorized Access and Other Details
whether treatment and
rehabilitation services are
necessary for the minor.
Duration: From the ling of the
petition.
F8
SECRET MARRIAGE: Entire
le (which includes an
application for a secret
marriage license, the license
itself, and a secret marriage
certicate). (MCL 551.203-
551.204)
Duration: From creation of the
le.
Secret marriage documents
shall be placed in a “private
le.” All knowledge of facts
involved in marriage is “privileged
communication,” and “violation of the
condence” is criminally punishable.
Court response to inquiries:
“There is no public record.”
The existence of secret marriage
records cannot be acknowledged.
The le can be opened to inspection either through written request and proper
proof of identication of one or both partners to the marriage or through
written order of a circuit court judge.
F9
WILLS FILED FOR
SAFEKEEPING: The court
shall receive and safely keep
the will and give a certicate
of the deposit of the will. (MCL
700.2515)
Duration: From delivery of the
will until the death of the testator.
A will in writing that is enclosed in a
sealed wrapper on which is endorsed
the testator’s name, address, and
social security number (optional) may
be deposited with the court in the
county where the testator resides.
Court response to inquiries:
“All wills led for safekeeping under
MCL 700.2515 are sealed until the
testator’s death.”
During the lifetime of the testator, the will shall be delivered only to the
testator or to some person authorized by the testator in writing. After the
death of the testator and at the rst session of the court after the court
receives notice of the testator’s death, the will shall be publicly opened and
retained by the court.
