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McELROY v. STATE POLICE CRIMINAL JUSTICE INFO. CTR.

Docket No. 263077.

731 N.W.2d 138 (2007)

274 Mich. App. 32

Marvin Earl McELROY, Plaintiff-Appellee, v. MICHIGAN STATE POLICE CRIMINAL JUSTICE INFORMATION CENTER, Defendant-Appellant.

Court of Appeals of Michigan.

Decided January 25, 2007, at 9:10 a.m.

Released for Publication April 24, 2007.

Attorney(s) appearing for the Case

Law Office of Bruce K. Mannikko, P.C. (by Bruce K. Mannikko), for the plaintiff, Bay City.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and H. Steven Langschwager, Assistant Attorney General, for the defendant.

Before: SAAD, P.J., and MARK J. CAVANAGH and SCHUETTE, JJ.

SAAD, P.J.

I. Nature of the Case

This case presents an issue of first impression: whether a person who participates in a diversionary program under MCL 769.4a and ultimately has his or her charges dismissed is entitled to have his or her fingerprint card, arrest card, and description destroyed under MCL 28.243(8). We agree with defendant, Michigan State Police Criminal Justice Information Center, that it does not have a clear legal duty under MCL 28.243...

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