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Michigan Legal Resource Library · Personal protection orders

Does a PPO Go on Your Record in Michigan?

Key points

  • A PPO is a civil injunction issued by the family division of circuit court; it is not a criminal charge or conviction.[1]
  • Every PPO is entered into the Law Enforcement Information Network (LEIN) immediately, without waiting for the respondent to be served.[2]
  • An arrest for criminal contempt for violating a PPO is fingerprinted, and the final disposition of the contempt charge is reported to the Michigan State Police.[3]
  • While a PPO is in effect it can block a concealed pistol license and, if the respondent had notice and an opportunity for a hearing, a license to purchase a firearm.[4][5]
  • Courts may not post PPO information on the Internet if doing so would be likely to reveal the identity or location of the protected person.[6]

A Michigan personal protection order (PPO) is a civil injunction, not a criminal conviction.[1] It is, however, entered into LEIN, the statewide law enforcement database, as soon as it is issued, and if the respondent is arrested for violating it, that arrest and the outcome of the contempt charge are reported to the Michigan State Police.[2][3]

So the honest answer to "does a PPO go on your record" has several parts. This page separates what the law clearly provides from what the available sources do not settle, including what a given employer's background check will show.

What kind of record is a PPO?

A PPO is an injunctive order issued by the family division of circuit court restraining a named person from specific conduct.[1] A PPO case is its own civil action, started by a petition.[7] No criminal charge is filed against the respondent when a PPO is issued, and the legal standard is different from a criminal case: for a domestic relationship PPO, the court asks whether there is reasonable cause to believe the respondent may commit a listed act.[8]

That means a PPO, standing alone, is not a conviction. It does create records in three places: the court file, LEIN, and the firearm licensing system. Each is discussed below.

Where a PPO is recorded

RecordWhat goes inSource
LEINThe PPO itself, entered immediately and without proof of service; later updates when it is served, modified, rescinded or extended[2]MCL 600.2950(15), (17)[2]
County clerk of the respondent's countyNotice of the existence and contents of a PPO that prohibits purchasing or possessing a firearm[9]MCL 600.2950(15)[9]
Employing law enforcement agency or Department of CorrectionsNotice of the PPO, if the respondent is identified as an officer or a Department of Corrections employee[9]MCL 600.2950(15)[9]
State Police criminal history fileFingerprints and arrest information on an arrest for criminal contempt for a PPO violation, and the final disposition of that charge[3]MCL 28.243, MCL 28.242, MCL 769.16a[3]

LEIN

The court that issues a PPO designates a law enforcement agency to enter it into LEIN. The clerk files a copy with that agency immediately on issuance, without requiring proof of service, and the agency enters it into LEIN on the same terms.[2] This is what lets an officer anywhere in Michigan enforce the order: a PPO is enforceable statewide once a judge signs it.[10]

LEIN is a law enforcement system. It is not the same thing as the public criminal history search described below.

The court file and online court records

Under MCR 3.705(C), which implements a federal statute, a court is prohibited from making available to the public on the Internet any information regarding the filing of a petition for, or issuance of, a PPO if that publication would be likely to publicly reveal the identity or location of the protected party.[6] That rule is about what courts publish online. Whether and how a paper or electronic PPO file can be viewed at a particular courthouse is a matter of that court's records practice, and it is worth asking the clerk.

Does a PPO show up on a background check?

It depends on what the check searches, and on this point the primary sources are limited.

The Michigan State Police public search, ICHAT, "allows the search of public criminal history record information" maintained by the State Police Criminal Justice Information Center.[11] A PPO is a civil order rather than a criminal conviction.[1] The State Police page lists categories that ICHAT does not include, such as warrant information, federal records and juvenile records, but it does not address PPOs by name.[11]

The sources reviewed for this guide do not state what a commercial background check, a professional licensing inquiry, or a security clearance investigation will display about a PPO. Anyone telling you flatly that a PPO "never shows up" or "always shows up" is going beyond what those sources establish. If the answer matters for a job or license, ask the screening company or agency what records it searches, and see Jobs and background checks and Professional licenses and domestic violence.

Firearm purchase and concealed pistol checks

Here the law is specific. An applicant will be denied a concealed pistol license if the applicant is the subject of a PPO.[4] A person is disqualified from obtaining a Michigan license to purchase a firearm while subject to a PPO, if the person received notice and an opportunity for a hearing and the order was entered into LEIN.[5] The full picture, including the federal ban, is in PPOs and firearms.

What changes if the PPO is violated

A violation moves the matter into the criminal-justice record system. An adult respondent who violates a PPO is subject to immediate arrest and to criminal contempt, with jail of not more than 93 days and a possible fine of not more than $500.[12] Along the way:

  • A law enforcement agency must collect biometric data, meaning fingerprints, from a person arrested for criminal contempt under the PPO statutes.[3]
  • The State Police procure and file criminal history record information on persons arrested for that contempt.[3]
  • On final disposition of the contempt charge, the court clerk must immediately report the disposition to the State Police.[3]

If no contempt proceeding is brought after a PPO arrest, the official holding the biometric data and arrest card must immediately destroy them.[13] The same conduct can also be charged as a separate crime, such as stalking, with its own record consequences.[14] See Violating a PPO: arrest and criminal contempt and What shows on your record after an arrest, dismissal or acquittal.

Can a PPO be removed or corrected?

A respondent who believes a PPO should not have been issued has a court process, and using it is the way to change what the records say.

  1. Motion to modify or terminate. A respondent may file within 14 days after being served with or receiving actual notice of an ex parte PPO; a later motion needs a showing of good cause.[15][16]
  2. Clerk's notice to law enforcement. If a PPO is modified or terminated, the clerk must immediately notify the law enforcement agency specified in the order.[2]
  3. Appeal. Either party has an appeal of right from an order granting or denying a PPO after a hearing, or from the ruling on the respondent's first motion to rescind or modify an ex parte PPO.[17]

An appeal can matter even after the order has run out. In TM v MZ, the Michigan Supreme Court held that an appeal challenging a PPO, "with an eye toward determining whether a PPO should be updated in [LEIN] as rescinded," is a live controversy and is not moot merely because the PPO expired.[18] The steps are covered in How to challenge, modify or terminate a PPO.

Michigan's set-aside ("expungement") statutes deal with criminal convictions; they are discussed in Expunging a domestic violence conviction.

For petitioners: who can find out you filed

The respondent is served with the order, so the respondent will know who petitioned.[19] Your home address is a separate matter: a petitioner may omit his or her residence address from the documents filed with the court and give a mailing address instead.[20] And courts may not publish PPO information online where it would be likely to reveal the protected party's identity or location.[6] More options are in Address confidentiality and safety tools.

What people get wrong

"A PPO is not on any record." It is entered into LEIN immediately, and it affects firearm licensing while it is in effect.[2][4]

"A PPO is a conviction." It is a civil injunction.[1] A contempt finding for violating one is a separate event, and that is what is reported to the State Police criminal history system.[3]

"Once it expires there is nothing left to fight about." The Supreme Court has treated the LEIN status of an improperly issued PPO as a live controversy after expiration.[18]

Common questions

Is a PPO a criminal record?

The PPO itself is a civil injunctive order, not a conviction.[1] Violating one is different: the respondent is subject to criminal contempt, the arresting agency collects fingerprints, and the court clerk reports the final disposition of the contempt charge to the State Police.[12][3]

Will police see a PPO if they run my name?

A PPO is entered into LEIN by the law enforcement agency the court designates, immediately and without requiring proof of service.[2] The clerk must also notify that agency when a PPO is modified, rescinded or extended.[2]

Will my employer be told about a PPO?

In two situations the court clerk gives notice directly: if the respondent is identified in the pleadings as a law enforcement officer, the clerk notifies the employing agency, and if the respondent is identified as a Department of Corrections employee, the clerk notifies that department.[9] The sources for this guide do not establish what private employers' background checks display.

Does an expired PPO stay in LEIN?

The sources for this guide do not set out how long an expired PPO entry is retained. What the Michigan Supreme Court has said is that whether an improperly issued PPO should be shown in LEIN as rescinded remains a live controversy, so an appeal is not moot merely because the PPO has expired.[18]

If a respondent is arrested for violating a PPO but no contempt case is brought, what happens to the fingerprints?

Under MCL 28.243(7), if a person arrested and fingerprinted is released without a charge, or for a PPO arrest no contempt proceeding is brought, the official holding the biometric data and arrest card must immediately destroy them.[13]

Sources

  1. MCL 600.2950(30)(d); MCL 600.2950a(31)(d) — Michigan Legislature
  2. MCL 600.2950(10), (15)(a), (19); MCL 600.2950a(10), (15)(a), (19); MCR 3.707(A)(3) — Michigan Legislature
  3. MCL 28.243(1)–(2), (7); MCL 28.242(1); MCL 769.16a(1), (5) — Michigan Legislature
  4. MCL 28.425b(7)(d)(iii), (iv), (vi) — Michigan Legislature
  5. MCL 28.422(3)(a)(iii)–(iv), (vi), (viii) — Michigan Legislature
  6. MCR 3.705(C); 18 USC 2265(d)(3) — Michigan Courts
  7. MCR 3.703(A) — Michigan Courts
  8. MCL 600.2950(4) — Michigan Legislature
  9. MCL 600.2950(15)(c)–(f); MCL 600.2950a(15)(c)–(f) — Michigan Legislature
  10. MCL 600.2950(9); MCL 600.2950a(9); MCR 3.705(A)(4); MCR 3.706(D) — Michigan Legislature
  11. Michigan State Police, Criminal History Records page — Michigan State Police
  12. MCL 600.2950(23); MCL 600.2950a(23); MCL 764.15b(1)(c)(i); MCR 3.708(H)(5)(a) — Michigan Legislature
  13. MCL 28.243(7) — Michigan Legislature
  14. MCL 600.2950(23); MCL 600.2950a(23); MCL 750.411h(5); MCL 750.411i(6) — Michigan Legislature
  15. MCR 3.707(A)(1)(b); MCL 600.2950(13); MCL 600.2950a(13) — Michigan Courts
  16. MCR 3.707(A)(1)(b) — Michigan Courts
  17. MCR 3.709(B) — Michigan Courts
  18. TM v MZ, 501 Mich 312, 318–320 (2018) — Michigan Judicial Institute, Domestic Violence Benchbook
  19. MCR 3.706(D); MCR 2.105(A); MCR 2.103(A); MCR 2.105(J); MCL 600.2950(18) — Michigan Courts
  20. MCR 3.703(B)(6); MCL 600.2950(3); MCL 600.2950a(6) — Michigan Courts

This page is general legal information about Michigan law, published by the office of Attorney Shawn Haff. It is not legal advice and reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts — check the sources linked above and talk to a licensed Michigan attorney about your situation. If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.

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