*1 266 121 Mich In re FAKETTY 4, 1982, May 56343. Submitted at Sault Ste. Docket No. Marie.— 24, 1982. September Decided Faketty acquired juvenile Patrick S. record in 1962 for mali- property. January destruction of he cious On attained years. placed of 27 In he was under the jurisdiction of thе of Corrections. Faket- ty’s juvenile appeared in the files and was denial of his community placement programs. he petitioned County the Probate Court for of Schoolcraft for expunction juvenile directing of his record аnd for an order juvenile of Corrections to record from probate expunction its files. The court juvenile probate of the record maintained court but request juvenile denied the record in possession of Corrections оn the basis agency” was not a "law enforcement meaning within the ex- punction Faketty appealed of records. to the Schoolcraft Circuit Court, Hood, J., William F. which affirmed the court’s Faketty appealed Appeals, by decision. then the Court of granted. Held: juve- 1. The term "law enforcement as used in the nile court rule of records refers to those agencies charged with the and detection of crime and enforcement of the criminal laws of the stаte. correctly 2. The court and the circuit court ruled that the is not "law enforcement court rule since [4, 6, 7, [2] [1, Expungement 70 Am Jur 57 Am Jur 3, 5, 6, 8, seq. Dependent Children 59.§ 9] 60 Am Jur 2d, Sheriffs, Police, 9] 2d, Municipal, School, References 47 Am Jur 2d, Penal and court records. 71 ALR3d 753. for Points 2d, Juvеnile Courts and and Constables Correctional Institutions §§ and State Tort in Headnotes §§ Liability Delinquent § 3-5. 243 et with the enforcement of the criminal laws and its relate to administration of probation, pardons, paroles and commuta- correсtions tions and other functions. mandatory in the *2 applies only Expunc-
rule to the court’s own records. agency tion law enforcement files is of to be granted upon showing of cause. 4. did not court to September 23, record from law enforcement files until 1980, long Depart- after he came under the Therefore, properly ment of Corrections. the record was avail- through department able files law enforcement October, agencies whose records were not 1980. Moreover, through the record was available to the presentence report prepared by federal court authorities a 1970 federad conviction. Affirmed. J., V. dissented and would find the agency” of Corrections to be a "law enforcement within the
meaning court rule because the courts and police department. cannot enforce the law without the He also disagrees finding majority’s department’s with the powers that, solely are related to administration. He bеlieves prohibits having since the rule courts access to the sentencing stage, record at the the rule was also intended to department, as a law enforcement access to the record. He would order the department’s the record from the files. — — 1. Prisons and Prisoners Law Corrections Agencies — — Enforcement Court Records Ex- Juvenile punction — Juvenile Court Rules. of Corrections is not a "law enforce- (JCR 13). of records — — 2. Words and Phrases Police Officer Law Enforcement Officer. Training The Law Enforcement Officers Council Act of 1965 “police defines a officer” or "law enforcement officer” as a organization city, member of a force or other aof township, village emplоyed regularly or of the as such responsible prevention and who is detection general criminal laws of the crime and the enforcement of the (MCL28.602[c]; 4.450[2][c]). MSA state Agencies — — and Prisoners Law Enforcement Words Prisons Expunction — — — Phrases Juvеnile Court Records Juvenile Court Rules. as used in the
The term "law enforcement regarding expunction of records refers to those rule charged with the and detection of crime and en- (JCR 1969, forcement of the criminal laws of state — — 4. Prisons аnd Prisoners Pow- ers. Depart- has extended to the which ment Corrections are related to the administration probation, pardons, paroles and commuta- aspects tions and other corrections func-
tions; with the enforcеment of criminal laws of the state. — — — Probate Courts Juvenile Records Court Records Law *3 Agencies Expunction — — Enforcement Juvenile Court Rules. mandatory expunction juvenile
The of records in the juvenile regarding expunction appliеs only court rule of records records; court’s own of law granted upon enforcement files is to be (JCR 13). showing of cause Brennan, V. J. Department — — 6. Prisons and Prisoners Law of Corrections Agencies — — Enforcement Records Ex- Juvenile Court punсtion — Juvenile Court Rules. Michigan Department The of Corrections is a "law enforcement regard- juvenile court rule ing expunction of records since the courts and (JCR 1969,13). cannot enforce the law without the — — 7. Prisons and Prisoners of Correсtions Pow- ers. Depart-
The which the has extended to the ment of Corrections are not related to administration. In re Opinion Court Expunction Purpose — — — Records Rule Juvenile 8. Courts — Court Rules. Juvenile purpose juvenile (JCR 1969,13). give an individual a fresh start records is to Expunction — — — Records Prisoners Juvenile 9. Prisons and Agencies — Law Enforcement of Corrections — Rules. Juvenile Court was rule records Corrections, as a law intended to an record access to (JCR 1969, Eric J. General, Kelley, Attоrney Frank J. General, appellee. for Eggan, Attorney Assistant Casselman, Adamini, Kendricks, Bordean, Keefe Nancarrow), Smith, James E. & P.C. appel- (by lant. Burns, P.J., H. Gillis R. B. and J.
Before: V. J. JJ. Faketty appeals, by
Per Patrick Scott Curiam. a decision of the circuit court granted, refusal to order whiсh affirmed the court’s to ex- Michigan Department from its files. punge appellant’s record old, appellant, acquired In then 11 years prop- record for malicious destruction he attained the erty. January placed years. appellant was under the ap- Appellant’s
of Corrections. peared in files and was the denial of his placement programs. community *4 petitioned appellant 13, court, 1969, for ex- to JCR order punction of his record and for an to ex- directing punge record from its files. The pro- bate judge granted petition for expunction of record maintained by the probate However, court. he denied of the record from the Michigan De- partment of Cоrrections’ files on the basis that department was not a "law enforcement within the meaning 1969, of JCR court’s decision was affirmed on appeal circuit court. We appeal. 1969,
JCR 13 provides: "The may retain a child’s court delin- quency records other involving than those motor vehi- cle violations until the child is they when must be expunged. may The court retain a child’s motor vehicle violation citations and summonses until the child is they when expunged. must be The court shall neglect years records 25 after its over the last child in family ends. may The court any at time order the of its own files and records any law enforcement files per- and records taining juvenile, to a including fingerprints photo- graphs, on a showing cause.” This presents case question impression, first namely, whether the Department is a "law enforcement within the meaning of
The Michigan Law Enforcement Officers Train- ing Council Act of 2(c), MCL 28.602(c); MSA § 4.450(2)(c), contains the following definition:
" 'Police officer’ or 'law enforcement officer’ means a member of a county, organization force or other city, of a township, village state, or regularly employed as such responsible and who is preven- tion and detection of crime and the gеneral criminal laws of this but shall not include *5 271 serving solely by person as such virtue his any position.” (Emphasis other office or occupying any added.) OAG, 1977-1978, See, also, 83p (April No that, 1969, 13, as used in JCR We believe "law enforcement refers to those tеrm and agencies charged with detec- tion of crime and enforcement this state. criminal laws of of the of Correc- jurisdiction 791.204; 28.2274: tions is set forth MCL MSA "Subject to constitutional vested in the execu- state, departments judicial depart- tive аnd ment shall have exclusive ing: tration of all orders of of the over the follow- (a) Probation officers of this and the adminis- (b) probation, pardons, reprieves, (c) institutions, paroles, penal commutations and correctional аnd farms, probation recovery camps, prison industry, wayward programs labor and minor youthful programs trainee institutions and for the care supervision youthful trainees.” The powers which the has extended to the department are relаted to the admin- istration of probation, pardons, paroles and aspects commutations and other department’s corrections functions. It is clear that department the enforce- with ment criminal laws of this state. court correctly and the circuit court ruled that the department is not a "law enforce- within
Appellant also contends juvenile record from the files is re- quired because, complied had court rule been .the with, department have rеceived would never V.J. Appellant argues the record. that upon attaining of 27 on January the record expunged. should have been Appellant contends that since he did not come under the jurisdiction had the with, complied rule been would never have received information pertaining disagree. record. We *6 expunction
The mandatory in JCR 1969, 13, applies only court’s own expunction records. The law enforcement agency files is to be upon a showing case, cause. In the present appel- lant did not the juvenile court to expunge record from law enforcement agency files until long after he came under Department of Cor- Therefore, rections. the juvenile record was prop- available to the erly through the files of the law enforcement agencies whose records October, were not Moreover, the juvenile record was available to depart- through presentence report prepared by federal court authorities to a 1970 fed- eral conviction.
Affirmed. V. J. (dissenting). Brennan, J. I respectfully dissent. I find that the Department of Corrections is a "law enforcement purposes JCR 13 because the agen- courts and pоlice cies cannot enforce the depart- law without ment. I cannot agree with finding the majority’s that the department’s powers are related to administration.
Moreover, a finding that Department is a "law enforcement is a V. J. interpretation reasonable which supports ap- what pears purpose rule, to me to be the give to an individual a fresh start. The majority’s con- struction allows the of Corrections to have an individual’s record before a re- panel view when it grant decides whether or deny prisoner requests, perhaps becoming a factor in its making.1 hand, decision the other courts and other do not have access to per those records 13. If a court or law is rеstricted using from because of the record, how does the any greater privilege
obtain or right to the juve- nile priorities record? would Surely, dictate that the courts have all available information about a defendant at the sеntencing stage. Since the rule prohibits courts access to the record at stage, I think it naturally follows that the rule was also intended Corrections, as a law enforcement having access to the Therefore, record. I would оrder *7 appellant’s juvenile record from the file of the Department of Corrections._ case, appellant acquired In this record in Schoolcraft County Appellant property. years malicious destruction of was 11 Appellant’s juvenile old at the time. record was opportu of Corrections’ denial of his for an nity programs. in various work release