Michigan Laws 257.208 – Destruction of certain records; maintaining of records involving operation of commercial motor vehicles
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Terms Used In Michigan Laws 257.208
- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) Except as otherwise specified in this section, the secretary of state may destroy any department records maintained on file for 7 years, including the information contained in the central file maintained under section 204a.
(2) Except as otherwise provided in this section, records of convictions of any offense for which points are provided under section 320a(1)(a), (b), (c), or (g) or section 320a(8) may be destroyed after being maintained on file for 10 years. However, if an individual is convicted of violating section 625, the record of that conviction must be maintained for the life of the individual.
(3) If an individual who is a commercial license holder or a noncommercial license holder who operates a commercial motor vehicle is convicted under a law of this state, a local ordinance that substantially corresponds to a law of this state, or a law of another state that substantially corresponds to a law of this state of any of the following violations, the record of that conviction must be maintained for the life of the individual or until the individual moves to another jurisdiction:
(a) Operating a vehicle in violation of section 625.
(b) Operating a commercial motor vehicle in violation of section 625m.
(c) Leaving the scene of an accident.
(d) Using a vehicle to commit a felony.
(e) Refusing to take an alcohol or controlled substance test required under this act.
(f) Operating a commercial motor vehicle when the individual’s operator’s or chauffeur’s license or vehicle group designation is suspended, revoked, or canceled as a result of prior violations committed while operating a commercial motor vehicle.
(g) Operating a commercial motor vehicle when the individual is disqualified from operating a commercial motor vehicle.
(h) Causing any fatality through the negligent operation of a commercial motor vehicle.
(4) Records of stolen vehicles reported in section 253 may be destroyed after being maintained on file for the year of entry plus 4 years.
(5) Except as otherwise specified in this act, records the secretary of state considers obsolete and of no further service in carrying out the department’s powers and duties may be destroyed on that determination.
(6) If a record of suspension under section 321a does not contain a conviction for a violation of section 904 or a local ordinance that substantially corresponds to section 904 during the period of suspension, the secretary of state may destroy the record 180 days after the suspension terminates or as provided in subsections (1) to (5).
(7) The secretary of state may destroy a record maintained under section 204a 180 days after the nonresident driver against whom a civil infraction determination is entered complies with an order or judgment issued under section 907.