Criminal Justice
The Bill of Rights covers all Americans, including suspects, defendants, offenders and prisoners. All too often, the rights of those involved in the criminal justice system are compromised or ignored. The ACLU is working to reform the criminal justice system and make the promise of fair treatment a reality for all people.
ACLU Pleased By Executive Order Announcing Commission to Fix Michigan’s Public Defense System
IMMEDIATE RELEASE:October 14, 2011
DETROIT – The American Civil Liberties Union of Michigan welcomes Governor Rick Snyder’s executive order establishing a commission to improve Michigan’s system for providing defense to poor people in criminal cases.
“Today’s executive order takes a step forward in addressing a serious constitutional problem involving the state’s system for providing attorneys to poor people accused of crimes,” said Kary L. Moss, ACLU of Michigan executive director. “We look forward to working with the governor and the commission to ensure that our criminal justice system works for all Michiganders regardless of their economic status.” > Full Story
ACLU Challenges Debtors’ Prisons Across Michigan
Jailing people because they are too poor to pay legal fees is unconstitutional
FOR IMMEDIATE RELEASE:August 4, 2011
DETROIT — The American Civil Liberties Union and ACLU of Michigan announced today that they are challenging “pay or stay” sentences on behalf of five individuals across the state who were illegally jailed for being too poor to pay court fines.
> Full Story
Federal Court Rules Juvenile Life Without Parole Lawsuit May Proceed
FOR IMMEDIATE RELEASE
July 15, 2011
DETROIT – In a decision issued today, a federal judge has allowed a lawsuit challenging Michigan’s juvenile life without parole sentences to proceed. Today’s ruling allows the American Civil Liberties Union and ACLU of Michigan to prove that Michigan’s sentencing scheme that denies children a meaningful opportunity for parole constitutes cruel and unusual punishment and violates their constitutional rights.
> Full Story
New Report Profiles 13 Michigan Residents in Indictment of State’s System of Providing Public Defense Services for the Poor
FOR IMMEDIATE RELEASEMay 18, 2011
DETROIT – 13 people. 13 stories. 13 tragic, expensive and preventable examples of Michigan’s failing public defense systems.
Today, at news conferences in Detroit and Lansing, the Michigan Campaign for Justice, the ACLU, and the ACLU of Michigan released Faces of Failing Public Defense Systems: Portraits of Michigan’s Constitutional Crisis, a report documenting Michigan’s failure to ensure that public defense attorneys have the tools they need to provide constitutionally adequate legal representation and the devastating impact of this failure on the lives of 13 public defense clients. > Full Story
ACLU In Federal Court In Michigan Today To Challenge Juvenile Life Without Parole
Locking Up Children Without Possibility For Release Is Unconstitutional, Says ACLU
FOR IMMEDIATE RELEASE
April 21, 2011
April 21, 2011
DETROIT – The American Civil Liberties Union and the ACLU of Michigan were in federal court today for arguments in a lawsuit on behalf of nine Michigan individuals who were sentenced to life in prison for crimes committed when they were minors and who are being denied the possibility of parole. The U.S. is the only country in the world that sentences youth to life sentences without parole. Currently, there are 350 individuals in Michigan serving mandatory life sentences they received as minors, including more than 100 individuals who did not commit a homicide. > Full Story
ACLU Welcomes Michigan Supreme Court Order Allowing Public Defense Case To Proceed
FOR IMMEDIATE RELEASE:December 1, 2010
DETROIT – The American Civil Liberties Union applauded a Michigan Supreme Court decision today allowing its lawsuit to proceed that seeks to fix Michigan’s system for providing defense to poor people in criminal cases. In April, the Michigan Supreme Court unanimously rejected the State of Michigan’s attempts to dismiss the case and, in an about-face just 3 months later, reversed its decision. Today’s order vacates the July 16, 2010 decision and reinstates the original order sending the case back to Ingham Circuit Court to rule on the merits of the case.
> Full Story
ACLU, Brennan Center Reports Expose Resurgence Of Debtors’ Prisons
FOR IMMEDIATE RELEASEOctober 4, 2010
NEW YORK – Poor defendants are being jailed at increasingly alarming rates for failing to pay legal debts they can never hope to afford, according to two reports released today by the American Civil Liberties Union and the Brennan Center for Justice.
> Full Story
ACLU Slams Michigan Supreme Court Decision To Dismiss Public Defense Case
FOR IMMEDIATE RELEASE:July 16, 2010
DETROIT – The American Civil Liberties Union slammed a Michigan Supreme Court decision today dismissing a lawsuit seeking to fix Michigan’s system for providing defense to poor people in criminal cases just three months after the court unanimously allowed the case to proceed.
> Full Story
Judge Dismisses Bioterrorism Charge Against HIV-Positive Man
FOR IMMEDIATE RELEASE:June 3, 2010
DETROIT – A Macomb County Circuit Court judge dismissed a bioterrorism charge late Wednesday against an HIV-positive man accused of biting his neighbor. The American Civil Liberties Union of Michigan urged the court to drop the charges in a friend-of-the-court brief filed in March.
> Full Story
ACLU Applauds Supreme Court Limits On Cruel Juvenile Sentences, Encourages Michigan To Follow Suit
FOR IMMEDIATE RELEASE:May 17, 2010
DETROIT– In a landmark decision today, the Supreme Court ruled that it is unconstitutional for juvenile offenders who did not commit homicide to be sentenced to life in prison without any chance of parole. The 5-4 decision, written by Justice Anthony Kennedy, states that such sentences violate the 8th Amendment's ban on cruel and unusual punishment.
> Full Story
Bioterrorism Charge Against HIV-Positive Man Must Be Dropped, ACLU Tells Court
FOR IMMEDIATE RELEASE:
April 1, 2010
DETROIT – A bioterrorism charge against an HIV-positive man accused of biting his neighbor should be dropped, the American Civil Liberties Union of Michigan told a Macomb County Circuit Court in a friend-of-the-court brief filed late yesterday afternoon.
> Full StoryMichigan Supreme Court to Hear Case on Public Defense System
FOR IMMEDIATE RELEASE:December 21, 2009
LANSING –In an order entered Friday, the Michigan Supreme Court agreed to hear the state’s appeal in a class action lawsuit filed by the American Civil Liberties Union seeking to fix Michigan’s system for providing lawyers to poor people in criminal cases. In June 2009, a Michigan Court of Appeals rejected the state’s attempts to dismiss the lawsuit and allowed the lawsuit to proceed.
> Full Story
ACLU-MI Calls on Congress to End Harsh Sentencing for Children
Legislation brings U.S. into compliance with its international treaty obligations
IMMEDIATE RELEASE
September 11, 2008
Promise of Right to Counsel for Poor Remains an Illusion in Michigan
IMMEDIATE RELEASE:
March 18, 2008
DETROIT --The American Civil Liberties Union of Michigan today marked the 45th anniversary of the historic Supreme Court decision in Gideon v. Wainwright by calling on Michigan to provide adequate legal defense for the poor.
> Full StoryACLU, Catholic Conference Urge Panel to Reexamine State's Juvenile Sentences
IMMEDIATE RELEASE:
January 23, 2008
LANSING -- At a hearing today, the American Civil Liberties Union of Michigan along with the Michigan Catholic Conference and dozens of juvenile justice supporters urged House Judiciary Committee members to support a package of bills that would prohibit the sentencing of juveniles to life in prison without the possibility of parole.
ACLU to Testify at House Committee Hearing on Harsh Juvenile Sentencing Laws
IMMEDIATE RELEASEJanuary 22, 2008
LANSING – The Michigan House Judiciary Committee will hold a hearing tomorrow at 9:00 a.m. to address a package of bills (HB4402 –HB4405) that would prohibit the sentencing of juveniles to life in prison without the possibility of parole. The ACLU of Michigan has worked with legislators to repeal these harsh sentences since 2003.
> Full StoryJudge Authorizes Lawsuit Against State Over Public Defense
FOR IMMEDIATE RELEASEMay 16, 2007
LANSING - An Ingham County Circuit Court Judge ruled today that a lawsuit against the State of Michigan for failing to fulfill its constitutional obligation to provide appropriate defense services for those who cannot afford private counsel will proceed. > Full Story
Army Veteran, ACLU Sue City for Illegal Cavity Search
Lawsuit asserts that unconstitutional searches are part of pattern
FOR IMMEDIATE RELEASE
Tuesday, March 28, 2007
Detroit -- The American Civil Liberties Union of Michigan announced a federal lawsuit today against the City of Detroit on behalf of an army veteran who was subjected to an illegal cavity search by police at a Southwest Detroit gas station.
> Full StoryStrip and Cavity Searches at Club Raid Spur Class Action Lawsuit
ACLU of Michigan Announces Class Action Lawsuit Against City of Flint and Law EnforcementFOR IMMEDIATE RELEASE
March 15, 2007
Detroit -- The American Civil Liberties of Michigan filed a class action lawsuit in Federal District Court today against the City of Flint, the Flint Police Department and Genesee County Sheriff Department on behalf of 40 innocent young men and women who were strip and/or cavity searched and wrongfully arrested during a 2005 raid of a licensed Flint nightclub. > Full Story
Landmark Lawsuit Seeks Repairs to Michigan Justice System
Michigan Coalition for Justice to Press for Reform Of Long Neglected Public Defense Systems
For Immediate Release
Thursday, February 22, 2007
LANSING, MI – The Michigan Coalition for Justice (MCJ) filed a lawsuit today against the State of Michigan and Governor Jennifer Granholm for failing to fulfill their constitutional obligation to provide adequate defense services to those who cannot afford private counsel. The lawsuit does not seek monetary damages.
> Full StoryCourt Rules Kent County Judge Must Guarantee Poor Defendants Counsel
IMMEDIATE RELEASE
August 31, 2006
Detroit -- The American Civil Liberties Union of Michigan announced today that the Michigan Court of Appeals has ruled that a Kent County judge defied the U.S. Supreme Court when he refused to appoint counsel to represent poor criminal defendants on appeal.
> Full StoryChildren Sentenced to Life Without Parole Bring Plea to Human Rights Body
ACLU Champions Children's Rights With Petition to Inter-American Commission on Human Rights
Take Action Here – Contact State Legislators
http://action.aclumich.org/lifewithoutparole
FOR IMMEDIATE RELEASE - February 22, 2006
NEW YORK - The national American Civil Liberties Union and the ACLU of Michigan today filed a petition urging the Inter-American Commission on Human Rights to rule that sentencing children to mandatory life without the possibility of parole violates the Declaration of the Rights of Man and universal human rights principles.
> Full StoryACLU Applauds Introduction of Bills to Reform "Juvenile Life Without Parole
October 25, 2005 - Press Release
DETROIT – One year after the American Civil Liberties Union of Michigan released their report, “Second Chances,” which calls attention to the over 300 juveniles living out life sentences in Michigan prisons with no hope of rehabilitation or release, legislation was introduced in Lansing today to correct the laws that punish children as adults.
> Full StoryHow Do I Clear My Name?
A Guide To Help You Correct Your Record If It Contains Crimes You Did Not Commit
Having a criminal record can keep you from getting a job, getting an apartment, or getting a loan. That’s bad enough if you did the crime. But it is even worse if the crimes on your record actually belong to somebody else. These “mistaken identity convictions” can end up on your record if someone who committed a crime used your name when arrested or if you have a common name.
There are several different places where you – or people who want to find out about you – can get your criminal record: the Michigan State Police (MSP), the Michigan Department of Corrections (MDOC), the Federal Bureau of Investigation (FBI), private companies, and your local police department and courts. Each keeps different information about your criminal record and has different procedures for getting and correcting that information.
The most widely used source of criminal information is the Michigan State Police. Many use the MSP as the source for background checks, including employers, landlords, the FBI and private companies.
If you think your criminal record may contain convictions that do not belong to you, the first step is to figure out which record is incorrect. For example, if you have been denied a job or housing because of a record that does not belong to you, ask the employer or landlord for a copy of your record. Once you know where the incorrect information is coming from, you can begin the steps to correct it. If there are mistakes in more than one place, you will have to correct the information in each separately. Correcting the information from one source will not automatically correct it for others.
Records from the Michigan State Police -- Internet Criminal History Access Tool (ICHAT)
Getting Your MSP Record
- To get your ICHAT record, go to: http://www.michigan.gov/msp Click on ICHAT on the lower left hand side.
- To submit the request online, you must pay $10 with a credit card.
- If you cannot afford to pay, you can request a copy of your record by submitting a Freedom of Information Act (FOIA) request, along with an Affidavit of Indigence, to the Michigan State Police Criminal Justice Information Center. The FOIA form and mailing address needed to submit the FOIA request is located at http://www.michigan.gov/documents/ri-101_6455_7.pdf. An example Affidavit of Indigence is located at http://mi-mall.michigan.gov/webapp/wcs/stores/servlet/ICHAT/IndigenceForm.pdf."
Be sure to include your name, race, sex, date of birth, maiden name and all prior married names, along with the necessary forms. Make sure to include your return address.
Correcting Your MSP Record
- Go to the nearest law enforcement agency and request to be fingerprinted. Check first to see what the cost and hours are for providing this service – MSP posts do not charge for fingerprinting, local police stations sometimes do.
- Write to the Michigan State Police Criminal Justice Information Center asking for a “record challenge.” There is no fee for this. Click here to see a sample letter requesting a record challenge. Be sure to include:
1) A copy of the Michigan State Police record.
2) An original set of fingerprints.
Send your letter and the documents to:
Michigan State Police
Criminal Justice Information Center
106 West Allegan Street
Lansing, MI 48933
517-322-5531
- If your fingerprints show that the criminal record does not belong to you, the MSP will send you a clearance letter. They will also mark your record with a note that the convictions do not belong to you.
- Be sure to keep a copy of your clearance letter. You may need to show this letter to potential employers, landlords, etc. Because of the way the MSP computer system currently works, the convictions will still be listed under your name even after you have proven that they do not belong to you. This letter will be your proof that those convictions do not belong to you.
- If you are the victim of identity theft and you have completed the record challenge process, your information will be suppressed on the identity thief's record and you will receive a clearance letter.
Inaccurate Records
- If the type or date of the conviction is wrong, or the record shows a conviction that should have been removed, get certified copies of the court documents or any other documents that show that the information contained on the criminal record is incorrect. If the proof provided is satisfactory, the MSP will make the corrections.
Records from the Michigan Department of Corrections - Offender Tracking and Information System (OTIS)
OTIS only contains information about prisoners, parolees and probationers who have been sentenced to prison or probation. Because OTIS is free, some people use OTIS to get information instead of the MSP.
Getting Your MDOC Record
- To get your OTIS record, go to: http://www.state.mi.us/mdoc/asp/otis2.html, and fill in the search screen.
Correcting Your MDOC Record
The Department of Corrections uses the name that appears on the “judgment of sentence” (the court document that shows the name used at the time of conviction and sentencing.) Therefore, if someone is convicted and sentenced under your name, you will appear in OTIS as the person who committed the crimes.
- The DOC will only make changes to OTIS if you get the judgment of sentence corrected. To get the judgment of sentence corrected, contact the clerk’s office in the court where the person who used your name was convicted.
- The process for changing the judgment of sentence may be different from court to court. In some counties the clerk’s office will just make the changes for you. In other counties you may need to file a motion asking the judge to change the name on the judgment of sentence. If you need to file a motion, you may want to contact the prosecutor’s office or a private attorney to assist you.
- Once the judgment of sentence is corrected, write to the Department of Corrections asking that OTIS be corrected. Send your letter, along with the certified copy of the corrected judgment, to:
John Fromson
Field Operations
Department of Corrections
P. O. Box 30003
Lansing, MI 48909
Records from the Federal Bureau of Investigation
Getting your FBI Record
- The FBI keeps a list of all of your arrests and convictions in the United States no matter what state they were in.
- You can get your FBI record by writing directly to the FBI. (Certain employers can also get your FBI records through the Michigan State Police.) You can call the FBI at (304) 625-3878 for specific questions about getting your record, but they will not send your record without a written request.
- Be sure to include:
1) Your full name.
2) Your date of birth.
3) Your place of birth (including the state and country) —for example, Grand Rapids, Michigan, USA or Landover, MD, USA or San Salvador, El Salvador.
4) Your return address.
5) A set of fingerprints. You can get fingerprints taken at your local police station.
6) A money order for $18 payable to "Treasurer of the United States." If you cannot afford to pay $18, you must send a notarized affidavit stating that you are unable to pay.
- Click here to see a sample letter requesting a FBI criminal record.
- Send your letter, fingerprints and money order to:
FBI CJIS Division – Record Request
1000 Custer Hollow Road
Clarksburg, West Virginia 26306
Correcting your FBI Record
- All of the information in your FBI record was provided by other local, state, and federal agencies. Therefore, in order to correct information on your FBI record, you must contact the agency that originally gave the information to the FBI.
- If the error on your FBI record concerns a Michigan conviction or arrest, contact the Michigan State Police Criminal Justice Information Center at 517-322-5531.
- If the error on your FBI record concerns a conviction or arrest in another state, contact that state’s central criminal records information center. The Michigan State Police Criminal Justice Information Center can give you phone numbers for other states’ criminal records information centers.
Records from Private Companies
Getting Your Record from a Private Company
- A significant number of private companies now provide criminal background checks for a fee. Many of these sources are available on the Internet.
- Some web sites that provide background checks are:
http://www.docusearch.com
http://www.amerusa-criminal-records.com
http://www.tracingamerica.com
http://www.choicepoint.com
Correcting Your Record With a Private Company
- The procedures to correct private company records vary from company to company, so you will need to contact the company directly.
- Usually private company records are based on state and local records, so you may need to correct those records first.
- If criminal record information provided by a private company is inaccurate, you may have a legal claim against the company under the Fair Credit Reporting Act or other laws. Please consult an attorney.
Records from the Local Police and Local Courts
- Records from your local police department or local court usually only include information about local offenses. These records sometimes include information about minor offenses that may or may not be on your Michigan State Police record.
- Check with your local court or police department about how to get and correct your criminal record. In some areas, your criminal record may be available on the Internet. In other areas, you may need to go to the court or police station to get your record.
- In cases where no fingerprints were taken (such as minor traffic offenses), it can be very difficult to prove that a conviction does not belong to you. You may need to file a motion to correct or seal the record. If you need assistance in correcting your record, contact an attorney.
For other information on obtaining and correcting records and information regarding restrictions on individuals with criminal records, go to http://reentry.mplp.org/reentry/index.php/Main_Page.
Michigan State Police and Legal Groups Agree To Changes To Help Identity Theft
July 27, 2005 - Press Release
A Guide to Clear Mistaken Criminal Records Now Available
DETROIT – The American Civil Liberties Union of Michigan and Legal Aid of Western Michigan (LAWM) are hailing an agreement with the Michigan State Police (MSP) to clear the names of innocent victims of identity theft whose criminal records contain convictions that actually belong to the criminals who stole their identities.
> Full StoryACLU Opposes Cox's Support for Elimination of Preliminary Examinations
May 10, 2005 - Press Release
DETROIT – The American Civil Liberties Union of Michigan expressed great concern and opposition today to news that Attorney General Mike Cox is pushing for legislation that would significantly alter the judicial process and seriously jeopardize due process rights.
> Full StoryHigh Rate of Juvenile Life Without Parole Sentences Examined by ACLU of Michigan
September 14, 2004 - Press Release
DETROIT – The American Civil Liberties Union of Michigan released a report today to call attention to the growing number of juveniles living out life sentences in Michigan prisons with no hope of rehabilitation or release. The report outlines the issue of life without parole sentences given to juveniles including recommendations for a response to juvenile crime.
> Full StoryNew Project Launched to Investigate Life Without Parole Sentences for Juveniles
March 31 - Press Release
Detroit – The American Civil Liberties Union of Michigan announced today that it has been awarded a grant of $100,000 by the JEHT Foundation to form the Juvenile Life Without Parole Initiative to investigate the issues surrounding the growing number of children sentenced to life sentences without the possibility of parole. Attorney Deborah Labelle will be the Project Director.
> Full StoryACLU Opposes Death Penalty Response to Detroit Tragedy
March 9, 2004 - Press Release
DETROIT – The American Civil Liberties Union of Michigan spoke out against a newly proposed constitutional amendment to reinstate the death penalty in Michigan debated today in a House of Representatives hearing.
> Full StoryAction in the Michigan House Tomorrow!
March 8, 2004
- FLOOR VOTE EXPECTED ON SAME-SEX MARRIAGE AMENDMENT
- HEARING ON DEATH PENALTY IN HOUSE COMMITTEE
YOUR ACTION NEEDED TODAY!!!
> Full StoryAgreement Near in Livingston County Jail Lawsuit
February 10, 2004 - Press Release
