The House approved legislation late Wednesday to erase all personal identification information gathered upon arrest of an individual who has the charges dismissed before trial or is found to be falsely accused.
“What is the necessity of keeping fingerprint or DNA evidence if the alleged victim lied? There is none,” said state Rep. Peter Lucido, the primary sponsor of the three-bill package. “We should demand the removal of all collected information and purging all data uploaded into a law enforcement website when a case is dismissed with all charges dropped by the prosecutor.”
Lucido’s bills require that if is the charges are dismissed, all descriptive data and statements from the accused individual are to be expunged. The legislation also requires removal of the information from the Law Enforcement Information Network, used by law enforcement agencies across Michigan.
A licensed attorney, Lucido submitted the bill in response to a Macomb County case where the witness recanted their statement and the charges were dropped prior to trial.
“This case destroyed a man’s life, limiting his ability to earn a living and encouraging judgment in the court of public opinion,” said Lucido, of Shelby Township. “An individual could not be honest and another person paid the price for that despicable lie every day of his life. That directly contradicts the criminal justice system’s core tenet of everyone is innocent until proven guilty.”
House Bills 4536, 4537 and 4538 advance to the Senate for consideration.