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Section 18 Expungement allows for the sealing of certain nonviolent felonies and misdemeanors. These records are still accessible by court order but are sealed from the public. Expungement under Section 19a allows for the expungement of criminal history if a person was the victim of identity theft and used that stolen identity to commit a crime.
Herschel Fink, general counsel for the Detroit Free Press, said the rule appears to violate case law from the U.S. Supreme Court and Michigan courts that says court records are open to the public.
In the common law legal system, an expungement or expunction proceeding, is a type of lawsuit in which an individual who has been arrested for or convicted of a crime seeks that the records of that earlier process be sealed or destroyed, making the records nonexistent or unavailable to the general public.
The United States District Court for the Eastern District of Michigan (in case citations, E.D. Mich.) is the federal district court with jurisdiction over the eastern half of the Lower Peninsula of the State of Michigan. The Court is based in Detroit, with courthouses also located in Ann Arbor, Bay City, Flint, and Port Huron.
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Traditionally, that has required an affidavit: the person must put his testimony into written form and then sign the document in front of an official, such as a notary public or clerk, swearing to the official that the contents of the document are true. The official then endorses the document and generally stamps it with an official seal.
The government of Detroit, Michigan is run by a mayor, the nine-member Detroit City Council, the eleven-member Board of Police Commissioners, and a clerk. All of these officers are elected on a nonpartisan ballot, with the exception of four of the police commissioners, who are appointed by the mayor.
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