MI COA Says That An Expungment Does Not Entitle a Defendant to Get His Fingerprints Returned

The Defendants in the Benjamin case sucessfully completed their probation and the charges against them were dropped. At the conclusion of these proceedings, the trial court ordered the destruction of their fingerprints and arrest cards pursuant to MCL 333.7411. The Court of Appeals reversed. The Appellate Court stated that even though the Defendants successfully completed their probation and the charges against them were dismissed, the defendants were not found “not guilty” for purposes of the expungement statute, (MCL 28.24398). The trial court erroneously equated a discharge and dismissal under MCL 333.7411 with a finding of not guilty; a defendant must either be found guilty or plead guilty in order to benefit from MCL 333.7411. People v Benjamin, Court of Appeals No. 281899.